ALFRED — A Buxton selectwoman accused of assaulting a town employee is asking for the court to consider dismissing the charge, given that the two had a long-time, friendly working relationship in which she would occasionally give him a “Gibbs smack” to the back of the head.

Jean Harmon, 55, vice chairwoman of the Buxton Select Board, was issued a summons on Nov. 8 by Saco Police for allegedly assaulting Solid Waste Manager Gregory Heffernan on Town Hall property on Oct. 3, according to court documents.

The Buxton Police Department asked the Saco Police Department to investigate the incident to eliminate any potential conflict of interest, said Saco Deputy Police Chief Jack Clements in a December phone interview.

Harmon pleaded not guilty to the charge through a Jan. 2 letter to Biddeford District Court from her attorney, Michael Ayotte.

Jury selection for a trial has been scheduled for Tuesday, June 18.

Ayotte has filed a post-trial motion to dismiss for de minimis infraction.

Under state law, under a de minimis infraction, “the court may dismiss a prosecution if, upon notice to or motion of the prosecutor and opportunity to be heard, having regard to the nature of the conduct alleged and the nature of the attendant circumstances, it finds 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.”

Ayotte is asking if Harmon is found guilty, the court should hold a hearing to determine whether the violation is de minimis and should be dismissed.

In court documents, Ayotte said, Harmon and Heffernan had a 15-year working relationship, and over the past years she would often give him a “Gibbs cuff” to the back of the head.

A “Gibbs slap” was coined by the actions of “NCIS” character Special Agent Leroy Jethro Gibbs, who slaps the head of other agents on the back of the 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.

Heffernan only complained about the Gibbs slap after Harmon asked him to institute a policy in which he disagreed, Ayotte said. Heffernan did not complain to the chairman of the Selectmen Board or to Harmon, but went straight to the police.

Harmon has been a member of the Buxton Board of Selectmen for 17 years. Her current term ends in June 2020.

Buxton is a rural community with about 8,300 residents, according to the 2017 census. It is governed by an elected, five-member Board of Selectmen and does not have a town manager.

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, 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.