Fryeburg town manager fired for 'just cause'

By Lisa Williams Ackley
Staff Writer

FRYEBURG Ñ Selectmen here voted unanimously Monday night to fire Town Manager Martin Krauter for "just cause," saying he breached his contract with the town.

The selectmen voted in public session to fire Krauter, following two closed-door executive sessions that lasted a total of two and one half-hours on the night of March 1.

Chairman Cliff Hall said he and the other two selectmen plan to interview a prospective temporary town manager who would replace Krauter, at their workshop tonight (March 4). Hall said the gentleman they will be interviewing to fill the post for approximately two months has "managed large communities and has strong budgeting" skills. He said a town manager selection committee will be appointed soon.

Krauter, who did not attend Monday night's selectmen's meeting at which his firing took place, said Tuesday he will make no comment about it until he sees something in writing that says he was, in fact, terminated.

"I can't say anything more," Krauter said Wednesday. "I have received nothing that changes my status as town manager of Fryeburg, nor have I heard of any action taken by the selectmen that legally changes my status, and also the fact that my attorney has attempted to reach Mr. Hall and Mr. Hall refuses to return his calls Ñ he won't answer the phone and he won't return his calls."

Selectman Hall said it was Krauter who would not return his phone calls.

Reached by phone at his home earlier on Tuesday, Krauter said the first he heard of his firing was from The Bridgton News.

Asked if he plans to appeal his firing, Krauter said March 3, "'Appeal' is not the right word, because he's (Hall) got the procedure all wrong. My attorney and I will discuss our options when we have an official copy of his letter."

In their letter to Krauter informing him of his firing, the selectmen said:

"Dear Mr. Krauter, Please consider this formal notification of your immediate dismissal from employment with the town. The reasons will be explained in detail in a forthcoming letter. It is the opinion of the majority of the selectmen that you have breached various categories of your contract, personnel policies and state statutes governing manager actions according to the state of Maine. It is our belief that you have breached the contract you initiated with the town Sections 4, 5 and possibly 7. In addition, Section 11 lists specific reasons for severance without compensation and allowed as just cause. A violation of just one of these is grounds for dismissal and a majority of the selectmen believe you have violated more than one of these subsections A through F, also Sections 14 and 15. If you feel this dismissal is in error you are allowed a public appeal to selectmen. As the Personnel Policy for the town specifies, you are to return all town property in your possession at once, including all passwords, access codes and any other material or informational property of the Town of Fryeburg."

The letter is signed only by Selectmen Hall and Ed Wilkey. Selectman Tom Klinepeter's signature, however, does not appear at the bottom of the letter that was filed with the town clerk's office late Tuesday afternoon and will be sent to Krauter via certified mail, according to Hall.

Section 4 of Krauter's contract deals with compensatory time; Section 5 of the policy stipulates the "manner and performance of an employee's duties"; Section 7 outlines vacation time and sick leave; while Section 11 deals with "removal, severance and liquidated damages" and specifies items A through F as: "A.) demonstrated incompetency, B.) moral turpitude, C.) criminal acts, D.) intentional falsification of information, E.) violation of the code of ethics of the town, or F.) other justifiable cause." Section 14 is listed as "Employee's Loyalty to Employer's Interest" and Section 15 relates to "Nondisclosure of Information."

Was state law followed?

The discussion or consideration of the disciplining or dismissal of an employee is permitted, under state law, to be conducted in private. However, state law specifically requires that an employee who is to be the subject of an executive session must be permitted to be present at the executive session, if he so desires. Maine law also dictates that any person charged or investigated may request in writing that the investigation or hearing of charges or complaints against him be conducted in open session and that the request, if made, must be honored.

Chairman Hall said he notified Krauter that there would be an executive session, but not that he, Krauter, was specifically the one who would be discussed.

"He didn't ask (if he was the subject of the executive session)," said Hall.

Hall said he made every attempt Tuesday to notify Krauter of his termination, especially because he wanted him to hear it first from the selectmen rather than have him read about it in the newspapers.

The three selectmen entered into a second executive session for a personnel issue at 8:36 p.m. on March 1, but no members of the public or press were present when they reconvened in public session shortly after 10 p.m., according to Hall.

Hall said the board members were unanimous, in voting to terminate Krauter's employment as town manager "with just cause," and that he and Selectman Wilkey were in favor of "immediate" termination. Hall said that Selectman Klinepeter, however, went on record saying he preferred to give Krauter more time.

Earlier in the selectmen's meeting Monday night, Hall read a letter into the public record from Fryeburg resident John Snyder, who is a member of the Fryeburg Budget Committee, asking the selectmen to terminate Krauter as town manager immediately "for lack of performance and incompetence." Snyder's Feb. 25 letter to the selectmen also asks them to terminate Ella Cressy as town treasurer. In his letter, Snyder listed several of his opinions as to why he believed Krauter should be fired, but listed no reasons, whatsoever, as to why he was seeking Cressy's dismissal.

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