Cape Public Works supervisor draws reprimand

CAPE ELIZABETH — James Green, a public works supervisor for Cape Elizabeth, has been issued a written reprimand for having town employees work on his own vehicles while on the clock, and for using town equipment for personal use.

According to Town Manager Michael McGovern, on Saturday, Jan. 14, Green took two snowmobiles he owns to the public works garage and had a subordinate perform maintenance on them. McGovern said Green “asked,” rather than directed, the employee to do so, and that the repairs only took “about 15 minutes.” However, he acknowledged the worker was on overtime hours when the incident occurred, due to a department-wide call-out for road conditions.

Then, on Friday, Jan. 20, McGovern said, Green “allegedly” used a pickup truck belonging to the Cape Elizabeth Public Works Department to “partially” plow a driveway on Fickett Street in South Portland, as well as his own, on Chapel Street in South Portland.

McGovern said the town has written policies barring both activities, which came to light following complaints made by Mark Dennison, a Cape native who now lives in South Portland. Dennison, who saw the snowmobiles being transported during what would normally be work hours, and also observed the plowing activity, called McGovern and Public Works Director Bob Malley immediately after the latter incident. He then followed up with a letter to town councilors, delivered in person at their Feb. 13 meeting.

In his letter, Dennison does not say how he learned of the repair work, although he does make it clear that he expects no retribution against his son, Josh, a public works employee since 2008 who is a shop steward who leads the Teamsters at Cape Public Works.

Dennison has his own history with Cape’s public works. His father was once public works director and he, too, worked there, until resigning 25 years ago. Dennison also had a run-in with Malley and Green – “about two years ago” according to McGovern – over a sewer hook-up he completed to his son’s Cape Elizabeth home. McGovern said Dennison’s version of that event, as related in the letter to councilors, glosses over parts “not exactly complimentary to him.” However, McGovern declined to discuss the matter on the record, in part because it deals with personnel issues, but also because, as he wrote in an email, “criticizing the critic when he has some legitimate concerns on other issues is not professional.”

Regardless of Dennison’s history with the town, McGovern said, the complaints against Green were valid. Still, McGovern acknowledged that the town did not attempt to interview an employee who was with Green during the plowing in South Portland, to determine the extent of work done, as requested by Dennison.

“There really didn’t seem to be any point in going that far into it, as we’d already determined that something inappropriate had occurred,” he said. “We were sufficiently satisfied with the evidence that was obtained that a written reprimand was appropriate.”

McGovern added that the reprimand was issued to Green before Dennison addressed the Town Council.

Green could not be reached for comment. He has worked for Cape Elizabeth since December 1979. The recent reprimand is the only disciplinary action taken against him in that time, McGovern said.