OUSTED FAIRFAX OFFICIAL FILES SUIT

Ousted Fairfax official files suit
Former DRB chair claims dismissal came without cause
By LEE J. KAHRS
Messenger Slaff Writer - Tuesday, May 10, 2005

FAIRFAX — A former Development Review Board member here, who was ousted last month by the selectboard, has filed suit against the town seeking reinstatement and damages.

Former chair and longtime DRB member Barbara Young filed the complaint in Franklin County Superior Court on April 25 against the Town of Fairfax, appealing the selectboard's March 30 decision to remove her from the DRB.

The selectboard made the decision following a March 28 public hearing, citing Young's " inability to work with all members of the DRB in a respectful and cooperative manner, and failure to deal with all persons who appear before the DRB in a respectful and courteous manner." The board also said the DRB was "operating in an inconsistent and erratic manner."

Former DRB member and chair Colleen Steen also was removed from the board that time for the same reasons.

Young had served on the town plannu commission from 1991 to 2000, when the DRB was formed. She was chair of the DRB from 2002-2004.

Her family owns and operates L. W Young Excavating in Fairfax.

Young said on Monday that the purpose of the complaint is to clear her name.

"The charges are public information. They are on the public record," she said. "My goal is to clear my name and preserve my integrity."

Fairfax Town Attorney Steven Stitzel did not return a call for comment by press time today.

Young claims in her complaint that there was no due process in her dismissal, as no witnesses appeared at the hearing to substantiate the charges. The complaint also states that Young was given 15 minutes to defend herself during the hearing.

The suit, filed by Young's attorney Paul Gillies, argues that the selectboard did not find cause for her dismissal, did not present evidence, and therefore was not justified in making the decision to dismiss Young from the DRB. "Ms. Young agreed that the DRB had been operating in a inconsistent and erratic manner,” the complaint read, but denied any inability to work with all members of the DRB or to deal with anyone in anything less than a respectful and courteous manner."

A court date has not been set. Young is seeking a reversal of the selectboard’s decision by the court, and damages as the court deems appropriate, including costs and attorney's fees.

Young was asked if she felt she could serve effectively, should she win the appeal and be reinstated to the DRB.

"I don't know," she told the Messenger. "I'll cross that bridge when I come to it. At this time, I just want to clear my name.”

This is not the first time the Fairfax selectboard has been named in a civil suit Former Town Clerk Tina Levick filed a suit last October stemming from the selectboard's refusal to pay Assistant Town Clerk Melissa Allard. Levick claimed the selectboard has no legal control over the office of town clerk because it is an independently elected post.

The selectboard filed a counter suit, but both court actions were dropped as part of a settlement agreement with Levick, who resigned in January. Levick reportedly received more than $13,000 in back pay, benefits and attorney's fees.

Melissa Allard, brought a small claims suit against the selectboard in November for $450 in back pay. Judge Ben Joseph found for the selectboard in that case, saying the board has the power to set compensation over town employees, according to statute. Allard then file a motion to reconsider, which was denied in March