HAMPDEN, Maine — Despite a ruling on Monday night that Mayor Carol Duprey did not violate the town’s code of ethics when she made negative campaign robocalls targeting two fellow councilors who are seeking re-election on Nov. 4, Hampden town councilors issued a vote of no confidence in her performance as their chairwoman.
Duprey’s requests that the council look into her allegations of ethics code breaches by two other councilors and that it conduct similar no-confidence votes on them fell flat when her four motions to that end died for lack of seconds.
In his ruling that Duprey did not violate the town’s ethics code, which followed a roughly half-hour executive session, town attorney Thomas Russell said he had determined that Duprey was acting as a private citizen — and not in her role as an elected official — when she made robocalls on Sept. 30.
“As you may surmise, this was about the robocalls, which was fully discussed at the last council meeting. Based on my knowledge of what took place and what I heard in executive session, it’s my opinion that there was no violation of the code of ethics,” Russell said.
“The code of ethics requires that the activity in question be taken in an official capacity. And the code also says that this person may take action in a personal capacity when engaging in political affairs,” he said.
“It’s my understanding that there was no identity [given] in the robocalls, no official statement of who was calling, so I don’t see anything to conclude that the individual was acting in her official capacity and not as a private citizen. And the ordinance and the First Amendment protect your right to act as a private citizen.”
The no-confidence vote came after a subsequent executive session, which also lasted about half an hour. The vote was 6-1, with Duprey casting the lone vote of confidence in herself.
After the no-confidence vote on the mayor, Councilor Thomas Brann requested that Duprey step down from the mayorship.
“Request denied,” Duprey said.
Duprey came under fire from some council colleagues and numerous residents after a political action committee she and her husband formed in August made negative campaign robocalls blaming Councilors Ivan McPike and Jean Lawlis, who are seeking re-election to their council posts, for a 10 percent property tax increase over the past two years.
The robocalls were paid for by the Republican Leadership and Training Fund, a PAC registered with the Maine Commission on Governmental Ethics & Election Practices on Aug. 11 by the mayor and her husband, state Rep. Brian Duprey, who is seeking re-election to his House seat and who also is a candidate for the Regional School Unit 22 board seat in local elections Nov. 4.
While not all the calls that the mayor made were negative, candidates in two of Hampden’s four voting districts apparently were targeted:
“This is a friendly reminder that your Hampden property taxes are due by 7 p.m. tomorrow. Hampden property taxes have increased over 10 percent in the last two years,” said the female voice on the call, a recording obtained by the Bangor Daily News. “You can thank your Hampden Town Councilor Ivan McPike for voting to raise your taxes. It is time for a change. Stephen Wilde is running for Town Council and vows to work hard to reduce Hampden’s tax burden. Please remember to vote for Stephen Wilde on Nov. 4. Thank you. Paid for by RLTF at 207-808-0414. Not authorized by any candidate.”
A similar message went out about Councilor Jean Lawlis to residents of her voting district, according to Lawlis and McPike. Lawlis’ opponent for the District III seat is Philip “Terry” McAvoy.
Also during Monday’s meeting, former Mayor Janet Hughes took Duprey to task for the robocalls, saying that she initially thought they were simply a tax due date reminder. She said she was aghast when she heard the call pointing fingers at two councilors for increasing property taxes.
Hughes also asked who had requested some of her emails from 2011 under the state’s Freedom of Information Act and why, given that the emails were from three years ago and she is no longer on the council.
After a brief silence, Duprey acknowledged she made the request.
“I needed [them] for informational purposes. That’s all I can tell you at this time,” she said.
Hughes later said she had no idea what the mayor was trying to find out.