Janet Kuech File photo
GORHAM — The aftermath of the Nov. 5 Town Council election and the disqualification of winner Janet Kuech took a few more turns this week, with candidates lining up for a special election, a lawsuit in the works and an attempt planned to automatically re-seat the defeated incumbent.
The town Monday made nomination papers available for the vacant three-year term on the council, the result of the council’s refusal to allow Kuech to claim the seat she won in November on the grounds that she is an employee of Gorham schools. Meanwhile, a Kuech lawsuit was expected to be filed this week, and one town councilor hopes to re-seat without an election the incumbent Kuech defeated.
Town Clerk Laurie Nordfors said Tuesday five candidates took out nomination papers for the council seat Monday. They are Richard Davis, Tyler Gowen, Paul Smith and Kuech, all of whom ran in November. Also taking out papers was Shonn Moulton, a former town councilor.
The filing deadline for the nomination papers is Dec. 20 for a special March 3 election.
Kuech, an education technician Narragansett Elementary School, said Tuesday she does not intend to file her nomination papers by the deadline and instead is awaiting the results of a lawsuit that her attorney said should be filed by Thursday, Dec. 12.
Jonathan Goodman of the Troubh Heisler law firm said Tuesday in an email to the American Journal, “We are currently conducting research and drafting court pleadings.” He has said previously that denying a seat to Kuech is a First Amendment issue.
Six candidates were on the November ballot for three available Town Council seats. Two incumbents, Ben Hartwell and Jim Hager, were elected along with Kuech, who defeated incumbent Smith and challengers Davis and Gowen.
The council voted 4-3 on Nov. 12 to disqualify Kuech, based on its interpretation of the town charter, which states that councilors “shall hold no office of emolument or profit under the Town Charter of Ordinances.”
On Dec. 3, the board 6-0 declined to reconsider its vote.
At that meeting, Hartwell cited the Town Charter in an effort to re-seat Smith “until his successor is elected and qualified.” But Town Council Chairwoman Suzanne Phillips overruled him.
“I made my ruling because it would not be fair to other candidates and because it doesn’t work for all situations,” Phillips said in an email Wednesday.
Hartwell said he will sponsor a Town Council agenda item for its January meeting in another attempt to have Smith fill the vacancy. “The purpose is not to have a vacancy. I think it’s pretty clear,” Hartwell said about the charter.
Nordfors said Tuesday that the town charter calls for an election to fill a council vacancy.
The Town Charter in Section 211 says, “If a seat in the council becomes vacant more than 6 months prior to the next regular town election, the vacancy shall be filled for the unexpired term within 60 days from the date that the vacancy occurred by a special election.”
Town councilors are elected in the annual municipal election in November, but the state’s primary election this year is set for March 3 and a Town Council ballot would be added.
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