Report on Tori McMechan's removal


Sue Frederiksen

Co-editor, The Nunnion Newsletter

February 4, 2010

At a hearing held tonight, the Board of Trustees voted unanimously to remove Tori McMechan from her position as Town Clerk / Town Treasurer / Court Clerk after 8 of 11 charges were founded. When the attorney’s for the town called McMechan as their first witness, Ms McMechan’s attorney said she would not testify. The Town Attorneys called several witnesses who gave testimony regarding the charges and several exhibits that were presented. No witnesses were called on behalf of McMechan.

By unanimous vote, the 8 charges that were founded were:

Violation of NMC 2.24.010 – Town Treasurer Duties -

1) Violating her fiduciary duty as town treasurer by failing to submit the town’s audit to the state as required by statute for the last two years.

2) Stating at the February 5, 2009 Board Meeting the 2007 audit had not been filed but the town had gotten an extension when in fact the extension deadline had expired four months prior to the February 5, 2009 meeting.

3) Stating at the October 1, 2009 Board Meeting she had talked to the State Auditor’s office advising them the 2008 audit would not be filed until November 15th and that the person she spoke to said it was fine and that the state would work with the town when, in fact, the state did not make that statement.

Violation of NMC 2.12.010 – Town Clerk Duties –

1) Failing to post approved bills within twenty days as required by state statute.

2) Posting legal notices with incorrect dates and failing to honor those dates.

3) Failing to promptly deliver a letter from the Town Auditor to the Board.

Violation of NMC 2.44.060 – Prohibited Conduct – Town Officer –

1) Violating the fiduciary duty to act in the best interest of the town by signing recall petitions and refusing to recuse herself as hearing officer for those protest hearings giving rise to the appearance of impropriety.

2) Town Clerk changed Trustee Karen Burd’s recall response for the Recall Election without permission.

After voting on each of the charges Mayor Bender read NMC 2.08.070 – Removal from Office – Decision, “…If four (4) members of the Board find the accused guilty of any of the charges, they shall resolve that the accused be removed from office, and his / her office is declared vacant.”

The Board then asked for any Town property McMechan has to be returned. McMechan’s attorney said he would return the keys and a shredded Town Credit Card tonight and requested a list of other items the Board believed were in McMechan’s possession. The return of the credit card and keys were a moot point since all doors in the Town Hall had been rekeyed and the credit card canceled.



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