ORANGE — It’s just shy of six month’s since the former Selectboard chairman announced his resignation. Now he wants back, and says he has a legal right to do so.
Richard Sheridan, who was in his fourth term as a member of the Selectboard, rather abruptly announced his resignation on May 2 following some disagreements over hiring a town administrator. The board has since chosen Ryan Mailloux as its chairman and decided on May 16 not to hold a special election to fill Sheridan’s seat, but to get by with four members until the spring election. A regular election will be held in March, when Sheridan’s term was set to expire.
But Sheridan contends that his resignation was never formally accepted by the Selectboard and therefore is invalid. He has attempted to withdraw his resignation, and came before the Selectboard Wednesday to make his case.
“It’s past practice every resignation that’s come before the town until this one and a couple others goes to the Board of Selectman. Whether it’s a board member or not, the board reads that letter of resignation, accepts it with regret and sends a letter,” Sheridan said. “That’s past practice, but it wasn’t done.”
Since Mailloux, Selectboard Vice Chairwoman Jane Peirce and member Tom Smith said his resignation was in fact official as far as they are concerned, Sheridan said there will be “recourse,” although he did not elaborate on what that meant.
“I was voted to represent the people of Orange, and I felt I wasn’t doing the proper job at the time, and that I would resign for health reasons as well,” Sheridan said. “I assumed there would be representation. This board chose not to (hold a special election), and I feel that that’s depriving the people of proper representation.”
Sheridan said he feels the members of the Selectboard are being “adversarial” by not allowing him to return to the elected position, and that he would welcome someone in his position back if he were still on the Selectboard.
“My not being there, I think I’m derelict in my position,” Sheridan said. “I can’t do what I was elected to do. That’s why I withdrew my resignation, since it had not gone through the proper channels to begin with, and I would like to rejoin the board.”
Sheridan had resigned following a long and tempestuous hiring process for the town administrator position. He announced his resignation in public following a meeting where he endorsed a candidate different than his colleagues, who all voted for Gabriele Voelker to take the position. Sheridan did not initially give a reason for his resignation, but said Wednesday that health problems, not just “political” issues, led to his resignation. He says his health is better now, and he is fit to sit on the Selectboard and bring more “diversity” of opinion, he said.
“I could come in and sit down behind the table, but what’s that going to do?” said Sheridan, adding that if he knew his seat was not going to be filled, he would never have resigned
Mailloux said he would be “remiss” if he did not allow Sheridan to come before the Selectboard Wednesday, but also said that the Selectboard cannot bring him back because the voters — not the Selectboard — are the appointing authority in this case.
Mailloux also said the town’s lawyer, Donna MacNicol, was contacted following Sheridan’s attempt to withdraw his resignation a few weeks ago, and that MacNicol stated the resignation is indeed final, because Sheridan submitted a letter of resignation to the town clerk.
“You filed a resignation with the town clerk and that made it final and now it’s out of our hands,” Mailloux said.
Smith and Peirce also said the Selectboard should follow their lawyer’s advice, and that they hold nothing personal against Sheridan.
“I think that we were all properly notified whether there’s a piece of paper or not,” Peirce said.
Chapter 41 Section 109 of Massachusetts General Law states, “No resignation of a town or district officer shall be deemed effective unless and until such resignation is filed with the town or district clerk or such later time certain as may be specified in such resignation. Upon receipt of a resignation the clerk shall notify the remaining members, if the resignation is received from a board of two or more members, and he shall further notify the executive officers of the town or district and such notification shall include the effective date of the resignation.”
Selectboard Clerk James Cornwell suggested that more legal advice should be sought, and was surprised that the town’s attorney was contacted without his knowledge.
“We’re supposed to be a board, not an individual,” said Cornwell, adding that he “was not only shocked, I was pretty upset” to learn about the debacle.
Mailloux did tell Sheridan that he deeply regrets not having the Selectboard send him a letter thanking him for his years of service to the town, and would entertain a motion to do so.
Reach David McLellan at dmclellan@recorder.com or 413-772-0261, ext. 268.