Personal tensions are getting in the way of efficient management in the Town of Old Orchard Beach, and threatening to land the town in an unpleasant and costly legal fight ”“ which doesn’t serve anyone well, least of all the taxpayers.

Here’s the rundown: The town manager is firing the public works director; the council is challenging the decision of the town manager, who they had recently been considering firing; and the town manager’s lawyer is crying conflict of interest against the head councilor.

Public Works Director Bill Robertson was placed on administrative leave in December by Town Manager Mark Pearson, who later sent him a notice that his last day of employment with the town would be April 5.

The charter appears unclear on who has the authority to remove Robertson from his position, but the council voted late last week to rescind his decision. Council Chairperson Sharri MacDonald said she never got a legal opinion on the matter, but believes the town council has the authority to reverse the decision, per the charter and the town personnel policy. Not all councilors agree, and different sections of the charter can be cited to support varying positions.

This dispute has left Robertson in limbo; though he’s back on the job for now, Pearson’s attorney has maintained that the town manager’s decision was final and Robertson will be out the door come April 5. Before that date comes, a ruling will have to be made on the status of his employment.

The final outcome for Robertson must be determined as soon as possible, out of respect for all parties involved, and with a minimum of legal expense. Indeed, it should take no more than an opinion from the town attorney, but that will probably be challenged considering that both of the other parties have also “lawyered up.” It’s unfortunate that the job of a town employee, who appears to be held in high esteem by many, is caught in the middle of a power struggle, left with uncertainty about his future employment.

It seems there are a few reasons why the council sought to rescind Pearson’s decision, chief among them being that the majority of the council supports Robertson and believe he is doing a good job. Secondly, the council had not been consulted on the matter, according to MacDonald, and wanted to weigh in. And thirdly, MacDonald wants Pearson gone, so it’s no surprise that she’d challenge his decision.

She offered him the option to quit back in December and was pursuing discussions with the council about terminating him. At the time, MacDonald said the majority of the council thought Pearson should resign because he was not a good fit for the town and had reportedly been acting outside of his purview. The council, however, did not vote on the matter.

In other complications, Pearson’s lawyer says MacDonald’s real motivation in retaining Robertson is to keep getting public works contracts for her family members; Robertson is claiming that Pearson harassed him; and one town employee has reportedly said Robertson made comments about shooting Pearson.

It’s not our place to comment here on these allegations, Pearson’s job performance, or whether or not Pearson’s grounds for firing Robertson are valid. It’s the process that appears to be the problem here, on all fronts, and the roles of the council and town manager need to be clarified for everyone moving forward, which may mean a charter revision to clarify roles and avoid such disputes in the future. Obviously, some personality conflicts are going on here, but all those involved need to swallow their pride and focus on doing their jobs. The disagreement must be resolved quickly so the town, and especially Robertson, can move forward, and if the council cannot work well with Pearson, they will have the option not to renew his contract when the time comes.

If it is determined that the town manager does have the authority to fire personnel, the council should be made aware of such an intention in the future before it goes public. As well, councilors and town employees must improve communication and do all that they can to avoid conflicts of interest and the appearance thereof. Perhaps such measures will help the town avoid stormy seas like the one in which they currently find themselves.

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Today’s editorial was written by Managing Editor Kristen Schulze Muszynski on behalf of the Journal Tribune Editorial Board. Questions? Comments? Contact Kristen by calling 282-1535, Ext. 322, or via email at kristenm@journaltribune.com.