By Wayne E. Rivet

Staff Writer

HARRISON — At the end of last year’s budget process, the Harrison Select Board approved a pay raise and contract extension for Cass Newell.

The vote, however, occurred while the board was still in executive session, which is a violation of the Maine Freedom of Access Act.

The issue surfaced last month when resident Rick Sykes, who served as a Select Board chairman, questioned when the vote was taken since a search of approved meeting minutes posted on the town’s website failed to show any official action on the pay raise and contract extension.

The News checked the minutes dating back to March 28 through Sept. 12. During that timeframe, the board held four executive sessions regarding “personnel matters.” Three dates — March 28, May 30 and July 11 — had no votes reported. Minutes regarding the Sept. 12 executive session were detailed, noting when the session started and vote to enter the session, as well as when the session ended and meeting was adjourned.

The March 28 executive session went 2 hours and 34 minutes.

The vote was to raise the town manager’s salary to $107,000 and extended the contract for one year, expiring in June 2026. Typically, the town negotiates a three-year contract.

According to state statute, “Final approval of certain items prohibited.  An ordinance, order, rule, resolution, regulation, contract, appointment or other official action may not be finally approved at an executive session.”

According to the Maine Press Association, the proper procedure is, “All votes must be cast in a public meeting. The process should have been that the board exited executive session and reconvened in a public meeting, and then made motions, voted, and properly recorded the outcome.”

The News met Monday morning with Select Board chairman Matthew Frank and vice chairman Phil Devlin regarding the illegal vote.

“I’ve done some research and what I found out is that we didn’t do it the right way. As I looked back, we haven’t done it the right way for a number of years,” said Frank, who noted a check of past minutes regarding similar contract approvals there were not votes mentioned. “I went to the town’s attorney, who I think consulted with Maine Municipal Association, as to what do we do next. The question was whether we announced it (pay raise and extension) to the public. Clearly, we did at a number of meetings and it was certainly part of the budget process, and it came up at town meeting. We announced it at that time. Each week, we sign the warrants, which include the raise…The advice is we don’t have to revisit the past, but we need to do it right in the future.”

Frank continued, “This is not the best way to do it, but we’ve been told it is legal. I’m sure we’re not the first town to have this problem. It’s not our finest hour. We were wrong. I was the chairman, so it’s 90% on me. I screwed up. That’s as honest an answer I can give.”