ALFRED — A trial is expected to soon move forward in the case of a Buxton selectwoman charged with assaulting the town’s solid waste manager.

Jean Harmon, 55, was issued a summons for assault by Saco police on Nov. 8.

Harmon allegedly assaulted Solid Waste Manager Gregory Heffernan in the town of Buxton on Oct. 3, according to documents filed at Biddeford District Court.

Jury selection for the case was scheduled to take place Tuesday and as of late Tuesday afternoon, a trial date had not yet been set for the case.

Harmon has served on the Buxton Select Board for 16 years. Her current term ends in 2020.

Harmon’s attorney, Michael Ayotte, said in court documents that Harmon and Heffernan had a 15-year working relationship, and over the years, Harmon would give Ayotte a “Gibbs slap,” on the back of his head.

“Ms. Harmon and Mr. Heffernan had a joking, friendly working relationship in which he often took his hat off, bowed his head and had her ‘Gibbs cuff’ him. He had never complained about such a slap. Never asked her to stop, and never indicated he was offended by them,” wrote Ayotte.

Ayotte has filed a post-trial motion stating that in the event that Harmon is found guilty of assault, the court should drop the charge against her.

Under state law, dismissal of charges based on de minimis conduct can occur if the court finds that the defendant’s conduct was within a customary license or tolerance, which was not expressly refused by the person whose interest was infringed and which is not inconsistent with the purpose of the law defining the crime, did not actually cause or threaten the harm sought to be prevented by the law defining the crime or did so only to an extent too trivial to warrant the condemnation of conviction; or presents such other extenuations that it cannot reasonably be regarded as envisaged by the legislature in defining the crime.”

The Buxton Town Charter states that a member of the Board of Selectmen must forfeit their seat if they are convicted of a crime or offense punishable by a term of imprisonment for more than six months.”

Assault is a Class D crime and is punishable by up to 364 days incarceration and a $2,000 fine.

— Staff Writer Liz Gotthelf can be reached at 780-9015 or by email at egotthelf@journaltribune.com.