A meeting of the Maine Motor Vehicle Franchise Board was held on Monday March 27, 2006, in the First Floor conference room at the Bureau of Motor Vehicles, 101 Hospital Street, Augusta, Maine.
Chairman John McCurry, Esq. called the meeting to order at 9:30 am.
Present: John McCurry, Carol Kontos William Dowling and Adam Lee; Nelson Carlson and Wallace Camp participated by telephone. Dan Rosenthal., Esq. was present on behalf of Ford and Judy Metcalf, Esq. attended for Darling's.
- Chairman McCurry opened the meeting and told those present that he had been unable to reach Nelson Carlson by telephone. After a brief discussion and a break, the Board reached Mr. Carlson and went into executive session to determine whether it was ready for a public vote. The public session began again with all present as noted above in the roll call and Attorney Rosenthal restated Ford's objection to deliberations in executive session. Adam Lee responded for the Board that such deliberations were needed to protect the attorney client privilege and to allow Board members to speak freely. Members Carlson, Camp, Kontos and Dowling agreed and William Dowling added that the Board's need for continuing advice from counsel required deliberations to be held in executive sessions.
- William Dowling moved that the Board adopt the draft decision as its Decision. Member Kontos did not vote on Counts IV and V or on the penalty. Members Carlson, Camp, Kontos, and Lee agreed with Mr. Dowling's motion. The Chairman noted that Ms. Kontos could not vote on the civil penalty and Nelson Carlson and Adam Lee favored one level of civil penalty and Wallace Camp and William Dowling favored a different level. In order to break the deadlock, McCurry voted to impose the penalty Camp and Dowling had proposed.
- The meeting adjourned at 10:10 am.