MACHIAS, Maine — Washington County and two of its commissioners, David Burns and Billy Howard, have filed a response in federal court to County Manager Renee Gray’s wrongful termination lawsuit and are asking a judge to dismiss six of the 13 counts.
Gray filed a lawsuit last month against Washington County and two of its commissioners alleging wrongful firing and claiming violations of her due process rights and Maine’s Freedom of Access Act, or FOAA, including hiring Calais lawyer Dennis Mahar outside of a public meeting, among other allegations.
After Gray filed the lawsuit, a temporary restraining order reversing her termination was issued by a state court, which determined commissioners interfered with Gray’s state and due process rights when she was fired.
The lawsuit was later moved to federal court at the request of the county, and all parties involved agreed to honor the temporary order.
The county, which filed its answer to Gray’s lawsuit along with its motion to dismiss six allegations Tuesday, asks that the court dismiss all claims of FOAA violations and wrongful firing, intentional infliction of emotional distress and defamation, leaving claims of breach of contract, whistleblower violations, sexual harassment and discrimination and due process violations intact — all of which the county denies.
Court records show the county’s request to dismiss claims of defamation and infliction of emotional distress is based on Gray’s failure to provide proper written notice within 365 days of the behavior — or underlying cause of action — that led to the claim, as required by the Maine Tort Claims Act.
The motion to dismiss also asserts that Gray failed to comply with immunity requirements under the act, which requires a plaintiff to show that the government’s action fits within one of the specific exceptions to immunity in order to file a lawsuit.
Burns and Howard voted to fire Gray on July 2, with a 20-day notice as required under her contract. Both are named in the lawsuit in their official and individual capacities.
Commissioner Courtney Hammond, who is not individually named in the lawsuit, opposed the termination and has publicly supported Gray.
At the regular monthly commission meeting July 9, Gray’s lawyer, Jeffrey Davidson, read aloud a three‑page letter threatening to sue the county, along with Burns and Howard, unless they rescinded Gray’s termination by the end of the following day.
Almost immediately, Burns made a motion to put Gray on immediate paid leave until July 22, which was her termination date.
Howard supported the motion, while Hammond opposed it.
Gray, who was hired in June 2023, claims in her lawsuit that she was not told about the special meeting July 2 or that commissioners would be discussing her termination at the meeting. She was not given any cause for her termination.
When commissioners voted to enter executive session at the meeting, they asked everyone except Mahar to leave the room, including Gray. Then, according to allegations in the lawsuit, commissioners shared Gray’s personnel files with Mahar even though she was not in the room. At some point during the session, Mahar left the room, invited Gray back in and asked her to resign — an offer she refused.
State law sets out specific procedures for terminating municipal and county managers, including providing notice of termination, a statement of the cause for termination and holding a public hearing where commissioners and the employee can be heard before the termination becomes effective.
In the complaint, Davidson asserts that because the commission did not follow those required steps, Gray’s termination is null and void.
In Gray’s 11‑page complaint, she asserts that Burns and Howard conspired to deprive her of her rights because “she was aware of certain acts of Commissioners Burns and Howard which amount to potential civil and criminal acts that they did not wish for the public to know, which could be discussed in a public termination meeting.”
She also asserts that the two commissioners have “violated public hearing and records laws on numerous occasions, committed financial mismanagement of the County of Washington and directed sexually discriminatory and derogatory language toward her and other females in county government.”
Gray further asserts that the county is attempting to silence her because she is cooperating with the Maine attorney general’s office investigation into financial management in Washington County and is aware of “several acts that may constitute criminal violations of the law committed by Washington County through the acts of its commissioners and others,” which she says gives her whistleblower status.
Gray is seeking a permanent injunction prohibiting the commission from terminating her employment, any lost future wages, reasonable damages for emotional distress and defamation and attorneys fees.
In their answer to the lawsuit, the county and commissioners are also seeking attorneys fees.
According to court records, Gray is required to respond to the county’s request for dismissal by Sept. 1.
Burns and Howard are also being sued in their individual capacities and have not yet filed their response, which is due Aug. 18.
This story appears as part of a collaboration to strengthen investigative journalism in Maine between the BDN and The Maine Monitor. Read more about the partnership.