Selectman apologizes for ‘lack of judgment’

Nicholas Hay Westminster Selectman Nicholas Hay apologized Monday night during the board’s regular meeting for “a lack of judgment” that caused him to receive two criminal citations from the Westminster Police Department, but asked residents to let him move on with the business of town.

“As some of you may know, I recently received a motor vehicle citation issued by the town of Westminster Police Department. I sincerely apologize to all for my lack of judgment, and I assure you that I take this matter very seriously. Notwithstanding my personal situation, I intend to keep focused on the operations of the town and my duties as a selectman. Over the past three years I have worked very hard and diligently to make Westminster a great place to live,” Hay read from a prepared statement.

Westminster Police charged Hay with the felony charge of misuse of a RMV document after conducting a motor vehicle stop and checking his vehicle’s inspection sticker. Police allege that the inspection sticker on Hay’s pickup truck was assigned to a sedan owned by a Winchendon resident, and based on a plate that was cancelled by a Leominster resident. The alleged violation was discovered during a traffic stop on South Ashburnham Road on Monday, Nov. 16.

Hay was summonsed to court on two charges, forgery or misuse of a RMV document, and driving without an inspection sticker. He has yet to be arraigned on the charges.

At Monday’s meeting, Hay said he believes the town’s record unemployment rate, reduced state funding and a variety of other issues should be the focus of the selectmen.

“Please work with me as we focus on the economy, the budget, improving the conditions for our senior citizens, working towards a better facility for our children, and making Westminster a desirable place to live in the future. I am very grateful for your continued personal support,” he went on to say.

Hay remains chairman

After finishing his statement, Hay moved on to the next item on the board’s agenda, which was the re-organization of the board because Monday’s meeting was the first for newly-elected Selectman Laila Michaud. She was elected on Nov. 17 to replace Thomas O’Toole, who resigned because of a change in his employment on Nov. 1.

Selectman John Fairbanks moved to make himself chairman, Michaud vice chairman, and to remove a board title from Hay.

“Since last Friday I have thought of little else. … Citizens should expect a certain level of honesty, a level of performance. I’m disappointed in yours,” Fairbanks said.

In his view, selectmen had three options: bury their heads in the sand and ignore Hay’s alleged crime, ask for Hay’s resignation (which they cannot force), or remove him from the chairmanship. Fairbank’s motion did not receive a second and died on the floor. No other motion was made for the board’s reorganization, so Hay remains chairman and Fairbanks remains vice chairman and clerk. The board last reorganized after O’Toole’s departure.

“I can’t play judge and jury,” Michaud said. “I think he needs to move forward and we need to move forward as a board.”

Later in the meeting, while the Board of Selectmen were determining whether or not to support an article that will appear before voters at Tuesday’s Special Town Meeting to pay two police officers the correct wages retroactively, Hay voted to support the article but then decided to abstain from that vote as well as a vote on whether or not to support a citizens’ petition that would change the police detail account.

Hay cannot be recalled from his position on the board because a 1995 state law, which governs the recall process for Westminster, states that: “Any holder of an elected office in the town of Westminster with more than six months remaining in the term of office may be recalled there from by the registered voters of the town as herein provided.”

Hay is in the third year of his first term; he has five months left on the term before the town’s annual election, at which time he could seek re-election.