BUCKFIELD — After a sometimes-contentious discussion Tuesday night, Selectman Maida DeMers-Dobson resigned as a town ballot clerk after the board reviewed two legal opinions on the matter.

At the board’s request, Town Manager Cindy Dunn sought two legal opinions when the issue was brought to light by resident Vivian Wadas in March after selectmen appointed ballot clerks earlier that month, including DeMers-Dobson.

The issue was addressed at the March 22 meeting, at which time, DeMers-Dobson had agreed to resign.

Susanne Pilgrim of Maine Municipal Association’s Legal Services Department said there is no specific law prohibiting the dual appointment, but she advised against a selectman serving as an election or ballot clerk because these positions are normally appointed and compensated by selectmen.

The second opinion came from Mary Costigan of Bernstein Shur law firm.

“In this case, due to the duties of an election clerk (versus) the duties of an elected official, it is likely that the two offices could be found incompatible,” Costigan wrote in an email to Dunn. “What you should keep in mind is that someone could challenge the selectman’s appointment as election clerk, and there is the potential for a court to find the offices incompatible.”

At Tuesday’s meeting, Board of Selectmen Chairwoman Cheryl Coffman made a motion that the town follow the state statute “that a selectman shall not be hired as a ballot or election clerk for the duration (of) his or her term and for one year after.”

DeMers-Dobson seconded the motion and discussion ensued.

“By her accepting the swearing in of the ballot clerk position, by rights, she gave up her (seat) as selectman here as an incompatible of office,” former Selectman Martha Catevenis said.

“We have a whole gray area as far as this is concerned,” Coffman said. “Unless this is taken and challenged somewhere, there is really no way to tell.”

Dunn said someone could challenge the issue in court, but noted that DeMers-Dobson had not served as a ballot clerk since she was last sworn in.

“May I ask who in town is served as pushing this as a challenge?” DeMers-Dobson asked.

Coffman called on resident Penny Horsfall, who said, “The discussion to research this further happened outside of this room.”

Dunn clarified it was not the board, but Dunn, who offered to research the matter further.

Wadas noted this was the fourth or fifth meeting on the issue and said because of the legal opinion from MMA, the town’s handbook and state statutes, it could have “been very easily settled.”

“To answer your question, Maida, for me, this is about town government following the law,” Wadas said. “It is not about you personally. It’s about the incompatibility of offices.”

Audience members asked how the issue would be resolved.

“If the selectmen approve this motion tonight, a resignation automatically has to come forth,” Dunn said. “There has been an honest oversight with this issue. … I apologize.”

She said she thought selectmen should officially accept DeMers-Dobson’s resignation letter.

After voting 3-0 for Coffman’s motion, the entire board, including DeMers-Dobson, accepted her resignation in another motion.

The board adjourned its meeting until 9 a.m. Friday, May 6, so members could further review the proposed fiscal 2017 budget before discussing it in public.

[email protected]