GORHAM – A Gorham town councilor accused of driving while intoxicated said she’d have something to say at the Tuesday, July 3 council meet, just days before her court appearance.

“I plan on speaking at the meeting,” Suzanne E. Phillips said Monday.

In a statement released late Tuesday afternoon by her attorney, Amanda J. Doherty, Phillips addressed conflict-of-interest charges by assuring the council that she can “act impartially.”

Phillips, who was charged two months ago by Gorham police with operating under the influence and leaving the scene of an accident, had been silent on the matter until Tuesday. She was expected to be questioned on the case during the Town Council meeting, which was held after the early American Journal deadline.

Phillips, 36, is scheduled for an arraignment hearing at 8:30 a.m. on Wednesday, July 11, in the Cumberland County Unified Criminal Court in Portland. Phillips, who was summonsed by Gorham police on May 4, is facing charges, according to a court document, of criminal operating under the influence, a class D crime; and leaving the scene of a motor vehicle accident, a class E offense.

Tamara Getchell, a spokeswoman for the Cumberland County District Attorney’s office, said Monday both offenses are misdemeanors.

Town Councilor Matthew Robinson said in a previous interview that he wanted to speak about the matter publicly during the council communications segment at the July 3 council meeting. Robinson could not be reached for comment Monday and Tuesday.

Brenda Caldwell, chairwoman of the council, said Monday a discussion of the Phillips matter would be allowed in the council meeting.

“It’s up to her whether she answers questions or not,” Caldwell said.

In a special council meeting June 19, Robinson attempted to add an agenda item to publicly discuss Phillip’s case, but the item didn’t receive any support from the council.

Also in that June 19 special meeting, Town Councilor Michael Phinney raised the issue about a possible public perception that Phillips had a conflict of interest in voting since the incident May 4 on matters involving Gorham Police Department, including the town’s budget.

Phinney said Tuesday he believed that she should have disclosed the appearance of a conflict of interest.

“I feel it would be up to her to disclose this at tonight’s council meeting,” Phinney said Tuesday.

On June 5, Phillips voted in favor of the town budget, which the council easily passed 6-1 (Robinson opposed). Prior to the vote, Phillips made a motion to “amend the order to increase the police budget $5,000 for training. “ Her motion also easily passed 6-1 (Robinson opposed).

Then, on June 19, the Town Council unanimously (7-0) voted to withdraw from the Maine Public Employees Retirement System, which impacted the police department. Council discussion of a possible conflict of interest in that special council meeting also failed.

A ruling by Caldwell, according to meeting minutes, “that further discussion regarding police department arrests” was out of order, and her ruling was supported by a council vote 5-2 (Phinney and Robinson opposed).

Robinson previously said he’s “bringing up everything” on July 3 during the council communications segment.

Doherty said she anticipated Phillips would make the following statement at the council meeting:

“While I cannot at this time make any comments about the details of the charges brought against me from an alleged incident on May 4th of this year, I would like to make a statement regarding conflict of interest when voting on Gorham Town Council business.

“At the June 19th Special Meeting of the Town Council, a vote was taken regarding whether Gorham police and fire employees were going to remain part of the Maine Public Employees Retirement System (MainePERS). It has been brought to my attention that there was a concern on the part of some Council members that my voting on an agenda item referencing the Gorham Police Department might give off the appearance of a conflict of interest on my part.

“I have been advised by the Town Attorney, as well as my own attorney, that Maine law indicates that a conflict would exist if an elected official, such as myself, is placed in a position of temptation to serve my own interests instead of the interests of the citizens of the Town of Gorham when voting on town business. The ‘test’ is whether or not the average person would feel conflicting loyalties (not whether I personally feel conflicted). While I, myself, do not see any issues or feel conflicted if called upon to vote on matters involving the Gorham Police Department, in order to assuage any concerns, I would like to address the public and say that IF my voting on such issues is a possible conflict in your eyes, I can assure you in good faith that I can act impartially.”

According to a state crash report, Phillips is accused of driving her red pickup truck north School Street at 12:30 a.m. on May 4 and swerved into two legally parked cars on School Street, breaking mirrors on both.

The crash report said she had a blood alcohol content of 0.110. A court complaint filed June 28 reports that Phillips “did operate a motor vehicle while under the influence of intoxicants or while having an alcohol level of .08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath.”

The legal limit is .08.

Getchell said a conviction of operating under the influence charge has a minimum, mandatory fine of $500 and a 90-day loss of driver’s license. Getchell said a .15 blood alcohol level, if proven, would lead to a mandatory 48 hours in jail.

The maximum fine for leaving the scene of an accident would be $1,000, Getchell said.