GORHAM – More drama is being played out among members of the Gorham Town Council this week as two councilors said they would not seek re-election in November, another councilor’s resignation letter was not accepted, and still another has pleaded not guilty to charges of drunk driving and leaving the scene of an accident.

Brenda Caldwell, chairwoman of the council, and Councilor Matt Mattingly, both said this week that they would not run this fall.

“I’ve had two terms and I always felt two terms were sufficient,” said Caldwell, who also cited family health concerns.

Mattingly, a Republican, is challenging incumbent Rep. Linda Sanborn, a Democrat, for her Maine House District 130 seat.

“As of right now, I’m not seeking re-election to the council,” Mattingly said.

Philip Gagnon Jr., council vice chairman, sent a resignation letter to Caldwell and Town Manager David Cole June 28. On July 3, a measure was added to the council’s regular meeting agenda to accept his letter of resignation. But it failed in a deadlocked 3-3 vote, with John Pressey, Councilor Suzanne Phillips and Mattingly opposed; Gagnon abstained.

“I thought he should stay,” Mattingly said.

Meanwhile, Phillips is accused of drunk driving and leaving the scene of an accident in Gorham on May 4. She was due in court for an arraignment July 11, but her attorney filed a not guilty plea to both charges.

“A waiver of appearance and not guilty plea was filed with the Cumberland County Unified Criminal Docket yesterday morning. This entered a not guilty plea to both charges on Ms. Phillips’ behalf without the need for her to appear in court,” Amanda J. Doherty, Phillips’ attorney, said Wednesday. “We will next have court again in September.”

The case has stirred dissention on the council, which fought over efforts to discuss the matter publicly.

Doherty last week cautioned the council that it was not appropriate to comment further about Phillips’ case.

“It is irrelevant to town business,” Doherty said.

“I think Councilor Phillips has done a wonderful job on the council,” Town Councilor Matthew Robinson said last week, but did not comment on Phillips’ case in the July 3 meeting. He did say that if it were him, he’d resign. “I’m not telling anyone what to do,” Robinson said.

Wednesday, Robinson said, “I have very little tolerance for drunk driving. If she gets a harsh sentence, how do you not resign?”

“If she gets off easy, it looks like she got a special favor,” Robinson said.

Strife has marked recent council meetings and Wednesday, Robinson, who did not mention names, was critical of some council members, charging that some have discussed town business privately.

“I don’t like it,” he said.

Gagnon, citing personal reasons, resigned from the council effective on Election Day – Tuesday, Nov. 6 – with the intention voters would choose his replacement this fall.

But under town charter rules, it would take a special election to fill Gagnon’s term, which expires in November 2013.

The town charter reads: “If a seat in the council becomes vacant more than six months prior to the next regular town election, the vacancy shall be filled for the unexpired term within 60 days from the date that the vacancy occurred by a special election.”

“I guess resigning is not as simple as just giving a date,” Gagnon said.

Gagnon’s resignation appears valid, even though the council did not accept it.

“The town council does not have to vote affirmatively to accept a fellow councilor’s resignation,” Bill Dale, town attorney, wrote in a letter July 10 to Town Manager David Cole. “I recommended it because it is usually done that way as a matter of practice.”

Dale also wrote that the council could vote again on accepting Gagnon’s resignation with either the current Nov. 6 date or some other date.

It was unclear Wednesday whether Gagnon would resubmit or let the situation stand as is.

Gorham Town Clerk Connie Loughran said nomination papers would be available on Monday, Aug. 13, and are due to be returned on Monday, Sept. 24.

The seven-member town council includes Pressey, Michael Phinney, Phillips, Caldwell, Robinson; Gagnon and Mattingly.

Gorham Town Councilor Philip Gagnon, left, and Matt Mattingly, at a special meeting Tuesday night, are both exiting the board. (Staff photo by Robert Lowell)