Legislation addresses commission dilemma

MACHIAS — The executive director of the Maine County Commissioners Association has proposed legislation that would solve problems presented by the incapacitation of a Washington County commissioner.

Robert S. Howe has proposed a three-part bill, LD 1700, that would help Washington County resolve its commissioner vacancy problem, authorize a referendum on expanding the county commission to five members elected from five separate districts and enable the governor to appoint replacements for elected county officials who could not serve out their terms.

Howe said Thursday that the first part of his bill contained a pair of options for resolving problems that presented themselves last June when commission Chairwoman Mary Follis was incapacitated in a highway accident. Short of a commissioner’s resignation or death, current state law fails to provide a mechanism to replace incapacitated officials.

Howe’s first option proposes that the commissioners appropriate funds sufficient to pay Follis’ health insurance premiums for the remaining year of her term “and obtain her resignation from office through her guardian.” Her father is her legal guardian.

While the employer is under no legal obligation to pay any portion of the insurance premium, there is nothing to prohibit the employer from agreeing to pay any part or all of it, the director said.

The second option dealing with Follis’ prolonged absence from the board would introduce a special law to permit the appointment of a temporary replacement for her until she returns to work or her term expires on Dec. 31, 1996, “whichever occurs first, and to permit the county commissioners to continue her health insurance coverage under the county plan.”

In conjunction with the second option, Howe said, a determination needs to be made whether it is necessary to continue the salary of the incapacitated commissioner in order to continue health insurance. He has asked representatives of the Blue Cross & Blue Shield insurance company to determine if the county must continue the salary.

Washington County’s two active commissioners, Norman Nelson and Edward Cline, have been unfailing in their commitment to provide Follis with all of the county’s available medical and hospital insurance benefits.

According to Sen. Vinton Cassidy, R-Calais, the first option is preferred by most of the county’s legislative delegation. The full delegation met Wednesday in Augusta and accepted Howe’s proposed legislation dealing with the commission.

The second part of Howe’s bill would repeal the law establishing a five-member commission and call for a referendum to establish a new five-member commission with five separate districts and elections for each seat beginning with the 1998 election. Initial terms would be staggered with three seats expiring at one time and the other two at another time.

The third part of Howe’s bill enables the governor to appoint replacements for any elected county official when there is a vacancy for reasons of incapacity, resignation, removal from the county or other reason. The third part applies to all counties.

The Washington County commission’s next meeting will be held at 1:30 p.m. Thursday, Jan. 18, at the courthouse in Machias.