Belmont selectmen sued over Jon Pike health insurance decision

BELMONT — A local man has legally challenged the Selectboard's August decision to have the town pay a selectman $11,000 in one lump sum payment, plus the cost of heath insurance premiums until he turns 65.

George Condodemetraky has asked a judge in Belknap County Superior Court to invalidate the portion of the June 6 non-public meeting where Selectman Ron Cormier decided to allow colleague Jon Pike to gain insurance coverage through the town's policy, at the town's expense. The move apparently came in reaction to the threat of a lawsuit made by Pike.

Condodemetraky also asks the court to order Pike to return all the town money he has gotten stemming from Cormier's decision.

Condodemetraky, who crafted his own motion for a declaratory and summary judgement, also asked the judge to dismiss Pike from the board for "violating the oath of office by ignoring the requirements of RSA 91-A, by negotiating secretly with the town and including threats of claim against the town . . . and by acting against the town of Belmont for his own pecuniary interest."

Condodemetraky also asked the judge to investigate or order an investigation "regarding the town's practices of paying benefits and cash awards to divorced spouses of town employees, particularly if they are town officials."

This fall, the Selecboard voted to make it town policy that ex-spouses of town employees may not remain on Belmont's health insurance policy unless they exercise their temporary so-called COBRA rights under federal law, and in that case they must pay the premiums themselves. Apparently that has not always been the case, as selectmen exempted anyone currently enjoying that circumstance from the new policy.

Condedemetracky's suit stems from the revelation that during a June 6 non-public meeting, all three selectmen met to bless the agreement worked out between Pike and the town's attorney.

After the meeting was called to order, Pike immediately recused himself and left the room. Selectman David Morse, who is in some way connected by marriage to Pike or one of his relatives, also recused himself from the discussion and vote but staying in the room during the balance of the meeting.

Those listed as attending the meeting were Welfare Director Donna Cilly, who was attending the meeting for an entirely different reason and Town Administrator Jeanne Beaudin. Released minutes show Town Attorny Laura Spector joined the meeting after it began.

At one point, minutes indicate Cormier "moved and seconded" a motion to give Pike $11,o00 and to allow him to continue on his ex-wife's health insurance plan through COBRA, at the town's expense. Pike's ex wife is Town Clerk/Tax Collector Cynthia DeRoy.

The is no mention in the minutes of a vote being taken in response to Cormier's motion, only that he was the only selectman participating in the meeting at that point.

Also included in Condodemetraky's pleading is an affidavit from Morse describing the actions taken by Pike and Cormier the evening of June 6, but also stating that he learned the decision to reinstate Pike's insurance was made in October or November of 2010 without his knowledge.

"Upon discovery, I was informed of a predetermined meeting with legal counsel," wrote Morse in a affidavits written on Dec. 8, 2011 and notarized by a Hillsborough notary public.

He also wrote "that the intent of legal counsel was to advise me to recuse myself from the consideration of an unwritten claim by Jon Pike."

He said with the exception of a phone call he received in February of 2011, he had gotten no more information about Pike and the insurance situation until the June 6 non-public meeting.