Sangerville officials admit violation
12/3/09 | 21 comments

Sangerville officials admit violation


Error, alleged toolbox break-in prompts protection from harassment orders
By Diana Bowley
BDN Staff

SANGERVILLE, Maine — A mistake by Sangerville selectmen could cost the town hundreds of dollars in legal expenses.

The board on Nov. 24 admitted it erred when Selectman Charles Cleaves acted as overseer of the Public Works Department in late October during the absence of the town manager, a violation of Maine law.

That oversight and an alleged break-in on Oct. 30 of his personal toolbox at the town garage prompted Randy Cookson, Sangerville’s public works director, to request protection from harassment orders against Cleaves and resident Frank Ruskznis and to file a grievance with the town.

When selectmen learned of Cookson’s court filings, they voted to go into executive session on Nov. 10 for a legal matter, but actually discussed whether they needed to hire an attorney, a clear violation of Maine’s Right to Know law. They later voted in open session to consult with an attorney regarding the court action and the violation.

That move was criticized at a Nov. 24 selectmen’s meeting by resident Chuck Bean, who asked why the town hired an attorney to represent Cleaves at the hearing when Cleaves alone was named on the protection order request. He suggested that if the town was paying for an attorney to represent Cleaves, then it also should be paying the legal expenses incurred by Cookson.

Since Cookson’s harassment complaint and the toolbox incident were lumped together in Cookson’s petition to the court, the board felt justified in getting legal advice, according to Selectman Harold Leland.

Cleaves said the attorney, who represented the town at the Nov. 19 court hearing on the protection requests, was there to monitor the proceedings. “This lawyer was only monitoring the events for the town of Sangerville,” he said at the Nov. 24 board meeting. “He did not represent me [or] give me any legal advice.”

The harassment complaint stems from when Town Manager Joe Clark was on vacation in late October. Cleaves stepped in for Clark, but his supervision of road work was in violation of Maine Revised Statutes, Title 30A, Chapter 123, Sections 2634 and 2635, selectmen admitted at their Nov. 24 meeting.

Maine law stipulates that a town manager must designate a qualified person, subject to board approval, to perform his duties during an absence or a short-term disability. Otherwise, the board must vote to appoint a temporary replacement.

The law also is specific in that selectmen act as a body to deal with administrative services solely through the town manager and, as such, they cannot give orders to any employees who are under the town manager’s supervision, either publicly or privately.

“Joe was absent for 10 days. During that 10 days, work continued on the roads and Charlie took some concern about that and was overseeing that,” Selectman Len Nilson said at last month’s meeting. “He was not overseeing independently. We had sort of agreed that something needed to be done; we have since found out that was an incorrect procedure to follow.”

Cleaves said that any direction he gave on road work during Clark’s absence had been discussed by the three selectmen.

The toolbox incident was part of a pattern of harassment Cookson claims has been meted out by Cleaves since September and which prompted him to file protection from harassment requests against Cleaves and Ruksznis, who is plant manager of the Guilford-Sangerville Sanitary District.

Those protection requests were denied by District Court Judge Kevin Stitham, so Cookson filed an appeal heard Nov. 19 in Dover-Foxcroft District Court. At the appeals hearing, Cleaves agreed to a consent agreement that requires him to abide by Maine statutes. The request for a protection order against Ruksznis was dismissed without prejudice.

Cookson alleged both publicly and in his protection from harassment request that Cleaves and Ruksznis entered the town garage together on Oct. 30 and broke a padlock on his personal toolbox and rifled through his tools. Another town employee alleged he saw both Cleaves and Ruksznis inside the garage the day the toolbox was broken into.

Nazier Clukey said this week that he opened the town garage on Oct. 30 and left the building for about 10 minutes to collect the garbage at the town office and fire station. During that time, Clukey said Cleaves came to the fire station and asked him how long he was going to be and then left. When Clukey returned to the town garage, he alleged he saw Ruksznis rifling through the toolbox and Cleaves leaning on his crutches next to Ruksznis. Although Clukey said he did not see anyone cut the padlock, he did see a pair of bolt cutters on the floor.

Cookson told police he had been working on Burrough’s Road on Oct. 30 when he received a text message from his friend Alex Ruksznis, Frank Ruksznis’ son. In that text message dated 10:48 a.m. Oct. 30, the younger Ruksznis advised Cookson that Ruksznis’ father and Cleaves both had looked in his toolbox.

No one has publicly said why the pair may have been allegedly searching the toolbox.

Cleaves has denied breaking into the toolbox and Ruskznis declined to comment Monday, saying it was a legal matter.

State police Trooper Paul White confirmed this week he had investigated the toolbox incident and had forwarded the information last week to Piscataquis County District Attorney R. Christopher Almy for his review.

Almy said Tuesday that no charges will be filed in the case. “There’s no solid evidence in this case,” he said. “The evidence is ambiguous at best.” Almy said an eyewitness, Cleaves, said the toolbox was not broken into. If the case were presented to a jury or a judge, Almy said there was no way they would come to a conclusion of guilt beyond a reasonable doubt.

Cookson said the state trooper never came to the town garage to discuss the toolbox incident but had discussed it with him over the telephone.

Cookson said he does not know if anything is missing from his toolbox. He said he had not touched the toolbox since the incident, because he thought the state trooper was going to inspect it and perhaps take fingerprints. He said he had not been told that the complaint had been dropped.

Clukey said he also had talked with the trooper over the telephone and had been asked to fill out a witness statement, but had not yet submitted it to the district attorney. He was surprised Almy had already ruled out prosecution.

At his grievance hearing held at the Nov. 24 meeting, Cookson said “it’s not right” that his toolbox was broken into. He always kept the toolbox locked, just as a homeowner would keep his house locked, Cookson said during the grievance session, which was aired publicly at his request. He asked the board who had authorized the break-in of his toolbox.

Nilson said at last month’s meeting that the toolbox incident was under investigation by the state police and therefore was not in the board’s hands. “Clearly if somebody broke into the box, it is not right,” Nilson said. “The question is, who did it.”

To which Cleaves replied, “I wasn’t in your toolbox.”

Cookson, who also was surprised that Almy was not pursuing the case, said this week he had no plans to drop the matter and would be consulting with his attorney.

dianabdn@myfairpoint.net

876-4579

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Comments
21 comments on this item
On 12/3/09 at 4:09 AM, beatdown wrote:         Repeated separate thumbs down will cause comment to be hidden

Is this a joke? HUNDREDS of dollars? THOUSANDS of words wasted describing hearsay conversations and second hand nothingness... hardly newsworthy, except for the poor people who have to live in Sangerville.

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On 12/3/09 at 5:20 AM, bwhite wrote:         Repeated separate thumbs down will cause comment to be hidden

Public officals to use the name loosly get caught then they appoligise but they knew what they where doing they got caught and they need to pay hopefully they are fined if found guilty and it is assed against them as induviduals as the law also applies i believe. Hows that cover up beatdown.

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On 12/3/09 at 6:54 AM, stewie wrote:         Repeated separate thumbs down will cause comment to be hidden

On 12/3/09 at 5:20 AM, bwhite Can someone translate what this person wrote

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On 12/3/09 at 7:12 AM, maine1 wrote:         Repeated separate thumbs down will cause comment to be hidden
On 12/3/09 at 7:39 AM, otisfieldman wrote:         Repeated separate thumbs down will cause comment to be hidden

sounds like a playground fight but just with adults! I'am telling Iam telling!

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On 12/3/09 at 8:23 AM, mainer321 wrote:         Repeated separate thumbs down will cause comment to be hidden

And this is just one of the many reasons why I moved FAR away from this area a long time ago!

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On 12/3/09 at 1:00 PM, bumpinroad wrote:         Repeated separate thumbs down will cause comment to be hidden

this is a problem with lots of small towns throughout maine. they elected these baffoons who know nothing about how municipalities are run and because they are called selectmen it goes right to their heads. they think they are smarter than the employees who have been working there for years in most cases. they want to run things the way they see fit not follow any of the state laws, won't listen to advice from any of their employees (who are in the know), because they don't want to appear dumb they try to answer questions they know nothing about. town's people should be caustious who they elect for their officials. it may save them some money in the long run. playground fights to some but serious business for the employees who have to put up with the selectman's incompetence. too bad having to get legal action is the only way these people can be held accountable.

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On 12/3/09 at 1:02 PM, olmainer wrote:         Repeated separate thumbs down will cause comment to be hidden

this is only the tip of the iceburg in sangerville politics,,we have a history of needing lawyers for our managers and such ,dick drummond stepped down ,couple more here should have the decency too,

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On 12/3/09 at 1:02 PM, DougLavigne wrote:         Repeated separate thumbs down will cause comment to be hidden

Call the Waaaabulence, break out the whine and chez, hurry please someone pilfered. through my tool box, yes it has been violated and I’m falling and I can’t get up… Why would this even make the paper, have they run out of stupid articles.

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On 12/3/09 at 3:02 PM, tomthompson_1 wrote:         Repeated separate thumbs down will cause comment to be hidden

Good for you Mr. Cookson. Continue to fight for your rights and those of the citizens of Sangerville. Mr. Cleaves is splitting hairs when he says he wasn't in your tool box. Perhaps not technically Mr. Cleaves, but you know darned well who was because you were standing right there. You also know under what circumstances entry was gained into that toolbox. You are an accomplice in a crime and you are also hindering prosecution by lying about what you know about that crime to law enforcement. There is no way on earth that the citizens of Sangerville should be footing the legal bills for you Mr. Cleaves. You are splitting hairs too when you say the attorney was only there as an observer. If not for your actions, he would not have needed to be there in the first place . I hope that when the selectmen have to call a special town meeting to approve the hiring of this lawyer, because trust me he was not there for free, the meeting turns the expenditure down flat. You and the rest of the selectmen should pay for your own legal problems. The selectman may say that you were operating on their behalf, but you weren't doing it legally and neither were they. That is a mistake that the citizens of Sangerville should not have to pay for. Every one of you should have to pay for your own mistakes, and I urge the citizens of Sangerville to reject the legal fees. Keep on pushing for that evidence Mr. Cookson and for effective, accountable, and legal government in Sangerville. Keep the pressure on the District Attorney in the mean time. This wouldn't be the first case he has prosecuted with strong circomstantial evidence, which there is plenty of in your case. He is splitting a very technical hair himself.

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On 12/3/09 at 4:37 PM, olmainer wrote:         Repeated separate thumbs down will cause comment to be hidden

heres 1 question im awaiting an answer too,mr ruksznis son alex texted a message....

Cookson told police he had been working on Burrough’s Road on Oct. 30 when he received a text message from his friend Alex Ruksznis, Frank Ruksznis’ son. In that text message dated 10:48 a.m. Oct. 30, the younger Ruksznis advised Cookson that Ruksznis’ father and Cleaves both had looked in his toolbox.

how was this knowledge known had not he either was told of the break in of the toolbox or was he there ?i bet there was a father and son talk on that 1 lol

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On 12/3/09 at 5:43 PM, DougLavigne wrote:         Repeated separate thumbs down will cause comment to be hidden

Nothing like throwing Dad under the bus.

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On 12/3/09 at 7:10 PM, tomthompson_1 wrote:         Repeated separate thumbs down will cause comment to be hidden

His father should be proud of him. He did the right thing.

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On 12/3/09 at 9:44 PM, amethystshadows wrote:         Repeated separate thumbs down will cause comment to be hidden

HUNDREDS of dollars?! WOW!! Is this REALLY worth a 'news story'?

No offense to anyone involved in this, but I do appreciate Randy's courage to be a 'whistleblower' - stepping up in these towns is extremely difficult, most likely he will not be able to keep his job after this and no doubt will have trouble finding another job in this area...

That said, I would be pretty pissed if someone touched my 'box' without permission, too! No matter what the reason! ; P

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On 12/4/09 at 1:35 PM, mainegirlinpensacola wrote:         Repeated separate thumbs down will cause comment to be hidden

Come on people you have to think that this would not be the first time that a Ruksznis’ got away with something because of his last name now would it. That is the problems with those small little towns. Its to hell with the law as long as you or family know someone.

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On 12/4/09 at 7:59 PM, samuel wrote:         Repeated separate thumbs down will cause comment to be hidden

He said.... She said.....Playground fights or news... I think not.... Diana Bowley.. find some news and get it right next time.

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On 12/4/09 at 9:04 PM, olmainer wrote:         Repeated separate thumbs down will cause comment to be hidden

yup mainegirlinpensacola,you are so right,death by auto or boats ,these laws only apply to the uninfluecial and poor folks,dont have to take my word for it ,just read the cover up ,all of a sudden theres no evidence, heres just another case even though its a much lesser offence

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On 12/4/09 at 9:34 PM, trudyvineyard wrote:         Repeated separate thumbs down will cause comment to be hidden

Charlie,Charlie...you are still the little braceface kid who was goofy and could be talked into anything by the other boys.Frankie you are still the locker room towel-snapper from your PCHS days.Nice to know you fellas made something of yourselves-ha!

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On 12/6/09 at 10:34 AM, dinchara wrote:         Repeated separate thumbs down will cause comment to be hidden

Not enough evidence? Posh! I, for one, am totally fed up with the "good ole boys" syndrome. What makes these guys above the law? When one is caught "with their hands in the cookie jar" by a witness, seems to me that is sufficient. My second comment would be, why do local court officials turn the other cheek when these people mess up and get caught? The names Cleaves and Ruksznis do not come with special privaleges. No different than Smith or Jones. You guys put your pants on the same way I do.

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On 12/6/09 at 10:39 PM, LorenHersey wrote:         Repeated separate thumbs down will cause comment to be hidden

I don't usually have time to waste my life reading about useless small town politics repeating them selves but Frank always catches my interest. You know I am related to this dare I say, man, but you don't see me getting any free rides. Anyway, some of us grow up and realize how immature we are acting, and choose to change our lives. I guess the only reason I wanted to post something is because I just wanted to say, thank you. Now I never thought I would say this but thank you Frank Ruksznis for giving me incentive to do better in life. I look at your pathetic life and laugh. It makes me feel good that I am 22 years old and have already accomplished more in life than you ever could or will. And Randy, keep fighting THE MAN. Just remember your going into a gun fight with a knife so make sure and do your homework.

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On 12/7/09 at 8:45 AM, RedHandOfUlster wrote:         Repeated separate thumbs down will cause comment to be hidden

Classic example of letting the inmates run the asylum.

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