WINDHAM – Windham Town Councilor Scott Hayman can continue to serve on council after temporarily moving out of his district, fellow councilors ruled this week after hearing from the town attorney.

Lane Hiltunen, a Windham resident and Lakes Region Weekly columnist, questioned Hayman’s residency at the Sept. 14 meeting, saying Hayman had moved out of the district in which he was elected to serve on the council.

Hayman confirmed he had moved out of the North District in early August, a move town attorney Ken Cole III explained wouldn’t violate the town charter’s rules on residency.

Cole wrote in a letter to the council that Hayman may be temporarily living in a different district but, according to the charter and common law, his intention to return to his district is enough to warrant continuous service on the council.

“He still owns land in North Windham and intends to move back to North Windham,” Cole wrote, which Hayman confirmed at the meeting and expanded on after the meeting.

“I used to live at 24 Cross Ridge Drive (in North Windham). I sold that property. I still own a piece of land on Cross Ridge Drive, a house lot, and (since August) I live at 732 River Road which is in a different district and that house (732 River Road), is for sale,” Hayman said.

“But I own property out back of that that if I want to, I can build a house there or I can build a house on my land in North Windham,” he continued. “But in the meantime, if I sell my house tomorrow, I’m going to rent a property in the North District at 77 Basin Road. And in two weeks it won’t matter because I’m going to run at-large.”

By saying he intends to move to 77 Basin Road if his house sells on River Road, Hayman is showing his intention to move back to the district from which he was elected. That intent, according to Cole, is enough for Hayman to represent the North District.

According to the town charter, there should be a resident elected from each of the four districts (West, North, South, East) on the council, plus three at-large members. However, “interestingly enough,” Cole wrote, “the charter doesn’t require continuous residency. In fact, in Article II, Section 2, it clearly states the councilor should reside in the town during the term of office.”

By indicating his desire to move back to the North District, “As such, (Hayman) has not necessarily changed his residence,” Cole said. “The reason for this is that under common law, the issue of residence is an issue of intent and therefore the councilor, so long as he intends to return to North Windham, can continue to maintain his legal residence there although he may actually live elsewhere.”

Cole also said the charter allows the Town Council to have the final say in the matter and “judge the qualification of one of its own members,” Cole said.

With that, none of the councilors had an issue with Hayman filling out the remainder of his one-year term. Hayman is slated to run for an at-large seat in the Nov. 2 election.