The opinion
STATE OF MAINE SUPERIOR COURT
KENNEBEC, SS. CIVIL ACTION
Docket No. AP-00-7
CITY OF CARIBOU, SkKS-KEN- &)/Y ji bees
Appellant
v DECISION ON MOTION
SUSAN OUELLETTE, .
and
MAINE LABOR RELATIONS BOARD,
Respondents
The petitioner City of Caribou has moved this court to allow the taking of
additional evidence pursuant to M.R. Civ. P. 80C(e) and 5 M.R.S.A. § 11006(1). The
proffered evidence would be a transcript of testimony by a Douglas Bell before the
Caribou City Council Personnel Committee subsequent to Mr. Bell’s testimony
before the Maine Labor Relations Board.
The court has reviewed excerpts of Mr. Bell’s testimony set forth in the
petitioner’s memo and the extensive decision and order of the Maine Labor
Relations Board. Although there is a doubt in the court’s mind as to the materiality
of this subsequent testimony, that is a question which can only be answered with
confidence by the Board itself. For this reason, the court will remand this matter to
the Maine Labor Relations Board for its review of the proffered testimony and for
its determination of the materiality of the proffered evidence. The Board may take
.
‘ee
any other action which may be necessary as a result of that review, including the
D taking of additional evidence and further consideration of its decision.
The entry will be:
Remanded to the Maine Labor Relations Board for
its further review and proceedings consistent with
this order.
DATED: June 14, 2000 |
S. Kirk Studstrup
Justice, Superior Court
Rate Filed ___2/3/00 Kennehec Docket No. APO0-07
County ,
Action Change of Venue
Rule 80C Appeal J. STUDSTRUP
City of Caribou VS. Susan Ouellette & State of Me. Labor
Plaintiff’s Attorney Defendant’s Attomey Relations Board
Clare Hudson Payne, Esq. A**Poyce A. Oreskovich, Esq (Labor Rel. Board)
PO Box 1210 90 State House Station
Bangor, Mainr 04402-1210 Augusta, Maine 04333-0090
x
**Charles W. March, Esq. (Susan Ouellette)
PO Box 7060 DTS
97 India Street
Portland, Maine 04112
Date of **Marc P Ayotte Esq (2/28/00)
Entry 90 State House Sta
ARN
Mt
A te Ww OHA,
AGEUSta Me GFF
2/3/00 Change of Venue from Caribou Superior Court with all papers, filed.
Case File Notice mailed to atty.
Record filed. s/Oreskovich, Esq.
Certification, filed. s/Marc P. Ayotte, Exec. Dir.
2/3/00 Notice of briefing schedule mailed to attys of record.
2/14/00 Copy of letter to Atty Oreskovich filed. s/Payne Esq
2/14/00 Petitioner City of Caribous motion for the taking of additonal evidence
filed. s/Payne Esq
Petitioner City of Caribous statement and memorandum in support of the
taking of additional evidence filed. s/Payne Esq
2/17/00 Copy of respondents exhibit R-15 missing from the record filed.
s/Oreskovich Esq
2/28/00 Letter entering appearance filed. s/Ayotte Esq
Maine Labor Relations Boards response to petitioners motion for the
taking of additional evidence filed. s/Ayotte Esq
3/6/00 Opposition of Susan Ouellette to Petitioner's Motion for the Taking of
Additional Evidence, filed. s/March, Esq.
em be
Notice of setting for Lp BL 1 22
sent te attorneys of record.
5/31/00 Hearing had on motion for additional evidence with Justice Studstrup
presiding, Attys Payne, Ayotte and March present.
Court to remand to Board of Maine Labor Relations
6/15/00 DECISION ON MOTION, Studstrup, J.
Remanded to the Maine Labor Relations Board for its further review and
proceedigns consistent with this order.
Copies mailed to attys of record.
Copies mailed to Deborah Firestone, Garbrecht Law Library and Donald Goss.