YORK, Maine — The Selectboard will not be taking action against its member Mike Estes over a complaint that he violated the board’s code of ethics when he made “disparaging remarks” to the town historian in March.
The Selectboard held an executive session just 15 minutes before their meeting Monday, April 28, to discuss the complaint filed by resident Kiki Tidwell. The complaint alleged Estes made the remarks to town historian James Kences at the March 10 meeting after Kences criticized President Donald Trump.
An ethics complaint was filed against Selectman Mike Estes for his response to town historian James Kences over Kences’s comments on Donald Trump at a recent meeting.
Board Chair Todd Frederick said at the 7 p.m. start of the public meeting that the board entered the executive session and decided no action on the ethics complaint was necessary. He then asked board members one final time if they wanted to act on the complaint and, seeing no response, concluded the discussion.
“The understanding of myself is that, from our executive session, is that members do not believe a formal investigation was warranted at this time,” Frederick said.
Estes has not spoken on the complaint, filed with the town on March 26. He is retiring from the Selectboard after 15 years in May, choosing not to run for re-election.
Tuesday, he said he was waiting for the complaint process to play out before speaking. He was thankful the board did not find him in violation of the ethics code.
“It’s too bad I’m leaving my career after 25 years (total in politics) with this little mark against it,” Estes said, “But I really knew that I didn’t violate the code of ethics, so I’m happy.”
Tidwell said she was disappointed the board took no action against Estes.
“I believe in the rule of law and that everybody follows the same rules,” Tidwell said, “So, I believe people should follow the same rules they expect of all citizens.”
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Free speech debated in wake of Estes ethics complaint
In the meeting on March 10, Kences spoke at Citizens’ Forum about the lawsuits stemming from Trump’s executive actions. He regularly appears to speak on town history but has spoken against Trump since the president’s reelection.
“To him, nothing is sacred,” Kences said of Trump before the Selectboard on March 10. “The now over 100 lawsuits directed at overturning his policies are all the proof that any of us need that, to him, the oath, the office, the government, the American people, are all subjects of his contempt.”
As Kences walked away from the podium that evening, Estes addressed Kences, saying, “It gets sickening every night when you get up here.
“One thing was history,” Estes said to Kences. “But your personal opinions of politics is not something that should happen at this podium. There are other podiums for that.”
Frederick said at the meeting that Kences was allowed to make such comments as a citizen. Tidwell’s complaint alleged Estes’ comment was “derogatory,” “abusive,” and “disparaging,” asking Estes to publicly apologize and resign.
Others in town spoke during the Citizens’ Forum in April questioning whether Kences’ comments on non-town related issues should be allowed. Residents like Greg Gosselin said his concern was people getting up and speaking about “their own personal convictions.”
“It’s not about free speech,” Local veteran Wade Fox said during the April 14 Selectboard meeting. “It’s about using the right free speech at the right time in the right venue about the right subjects because you have more than enough to deal with.”
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Selectboard member: Case ‘closed’ on ethics complaint
Selectboard members did not elaborate on their decision not to take action on Monday. Frederick did not return a call seeking comment Tuesday but said previously he was a “strong advocate of free, open speech,” as long as people are respectful and polite.
Selectboard member Marla Johnson declined to comment on Estes because it is a personnel matter. She said the debate is “always healthy,” though, and said that Kences did well in tying the town to federal actions in his comments in the most recent meeting.
“I’m fine with people speaking their mind within the guidelines we’ve set forth and fine with people seeing things a different way,” Johnson said. “As far as I’m concerned, the matter’s closed.”
Kences has previously said he intends to continue speaking about global events at the Citizens’ Forum. In his remarks Monday, he listed numerous ways that decisions by the Trump administration could affect York directly.
Kences said that included seasonal workers facing the threat of “illegal kidnappings” by the Immigration and Customs Enforcement, as well as that fewer Canadians are expected to return for vacation in Maine this year in the wake of Trump’s spat with Canadian leaders over tariffs.
“One hundred days of this administration, and already this town has been reached by its harms,” Kences said. “So, you can see Citizens’ Forum is very much a suitable venue for these remarks.”
Estes said he also is a proponent of free speech. He maintains that personal opinions about politicians have no place at public town meetings and called the targeting of any candidate on either side of the aisle “hate speech.”
“Never did I say anything about Mr. Kences for getting up and talking about history,” Estes said. “It’s just when it went to hate speech, I didn’t think it was the proper venue.”
This article originally appeared on Portsmouth Herald: York Selectboard rejects ethics complaint against Mike Estes
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