Belmont says employee error led to $11k payback to Selectman Pike

BELMONT — Town Administrator Jeanne Beaudin and Selectman Ronald Cormier said yesterday, through Town Attorney Laura Spector in a response to a suit filed by George Condodematraky, that a town employee closely connected to Selectman David Morse allegedly mislead Selectman Jon Pike about his ability to stay on his ex-wife's health insurance.

Pike had alleged “that when he was divorced from his wife (a town of Belmont employee) he was incorrectly instructed by a town employee that he was required to be removed from his ex-wife’s health insurance, requiring him to incur substantial expense to secure his own health insurance,” wrote Spector.

“Given the town’s past practice and lack of clear policy, the selectmen undertook to consider whether Selectman Pike was entitled to compensation for the health insurance premiums he had paid over the previous (three) years,” read the response and answering the question of why the town settled with Pike for $11,100.

The meeting for that consideration was held on June 6, 2011. Spector joined the full Board of Selectmen just after 7 p.m. Pike recused himself immediately and left the room while Morse, after legal consultation, also recused himself and left the room about 15 or 20 minutes after Pike left.

Minutes reflect that Cormier, the last remaining elected official in the room, “moved and seconded” to award Pike the $11,100 to settle a potential legal claim Pike had against the town.

Condodemetraky said he repeatedly tried to get more detailed information about why Pike was given $11,000. Some basic information was included in the disclosure agreement and confidentiality statement kept on file in the Town Clerks Office.

When rebuffed by Beaudin because of the confidentiality agreement, he filed suit in Belknap County Superior Court against Beaudin, Cormier and Pike — but not the town of Belmont. The crux of his request for summary judgment is Cormier violated the Right to Know Law by making a decision without a quorum.

His suit also claims Beaudin failed as town administrator by not posting the topic on the agenda and failing to keep accurate minutes. In the response, Beaudin denied both allegations.

Spector’s response on behalf of Cormier said that while it is true Cormier was the only selectman left standing at the time of the vote, there is no provision in N.H. State Law to appoint alternate selectmen in this situation. The response notes that two former selectmen were consulted about Pike’s threatened suit and both, Ward Peterson and Ron Mitchell, agreed the best way to end the matter was for the town to pay Pike the out-of-pocket money he had spent on health insurance.

Condodemetraky’s recommended remedy was that the court invalidate the settlement and order Pike to reimburse the taxpayers. He also requests the court remove Pike from office and that the town codify a policy that disallows divorced people from remaining on their former spouses health insurance — a move already taken by the town, although it is “grandfathered” to exclude Pike from the new policy.

Spector has argued that because Condodemetraky sued the individuals and not the town of Belmont, there is no remedy. “…an order of an investigation into the towns’ actions requires that he town itself be a party to the lawsuit,” wrote Spector.

Condodemetraky is a pro se litigant meaning he is representing himeself. Beaudin and Cormier are represented by Belmont town Attorney Laura Spector and Jon Pike has retained Paul Fitzgerald as his attorney.