MACHIAS, Maine — In a unanimous vote Wednesday morning, the Washington County Commission rescinded the termination of County Manager Renée Gray, effective immediately.
Commission Chair David Burns made a motion to rescind the termination based on legal counsel’s advice and to comply with an extended temporary restraining order issued by the Washington County Superior Court.
Burns said it does not mean that the commission necessarily agrees with the decision.
The commission voted to fire Gray following an executive session July 2, giving her a 20-day notice as required in her contract.
During the commission’s regular meeting July 9, Gray’s lawyer, Jeffrey Davidson, told commissioners that Gray intended to sue if she was not reinstated, after which the commission voted to put her on paid leave through her scheduled termination date.
Gray filed a wrongful termination lawsuit against the county July 13.
Commissioners Burns and Billy Howard were named in the lawsuit in their official and personal capacities.
Commissioner Courtney Hammond, who voted against Gray’s termination and has publicly supported her, was not named in the lawsuit.
Hours after the lawsuit was filed, Washington County Superior Court issued a temporary restraining order reversing the firing after finding commissioners interfered with Gray’s rights by not giving her a written explanation of why she was fired, which is required by state law, or giving her an opportunity for a public hearing.
A hearing on that temporary order was scheduled for July 30, but was canceled after the defendants requested the case be moved to federal court.
At that time, defendants agreed to honor the temporary restraining order as the case proceeds.
Gray did not attend Wednesday’s commission meeting, but Burns said “as soon as she pulls in [to the parking lot], she’ll be starting immediately.”
Gray’s lawsuit asserts violations of public meetings laws and of her right to a public termination hearing; breach of contract; whistleblower violations; sexual harassment and discrimination; intentional and/or negligent infliction of emotional distress; defamation; and violation of her due process rights under the Maine Constitution.
Gray also 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.”
In response, defendants have asked the court to dismiss all claims of Freedom of Access Act violations; wrongful firing; intentional infliction of emotional distress; and defamation.
That would leave claims of breach of contract; whistleblower violations; sexual harassment and discrimination; and due process violations intact — all of which defendants deny.
The motion to dismiss some of the counts is based on the defendants’ position that Gray failed to state a claim, meaning the allegations are too vague or legally insufficient to link to actions of the county or of commissioners.
Gray has until Sept. 1 to respond to the motion to dismiss filed by the county and commissioners in their official capacities, and until Sept. 8 to respond to a similar motion filed by commissioners in their individual capacities.
Defendants Washington County and the commissioners have requested trial by jury.
The court has ordered all parties to complete discovery — the process of gathering evidence, including witness statements, to be shared between parties — by Dec. 30.
If either side intends to seek summary judgment by asking the court to rule before trial, notice of intent must be filed by Jan. 6, 2027.
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.