WILTON — The co-owner of a restaurant in downtown Wilton filed a formal complaint Thursday against the town’s code enforcement officer following a heated public dispute.
James Butler, a partner in The Square, delivered the complaint to the town manager and Board of Selectpersons.
The filing follows a Tuesday night Board of Selectpersons meeting where Butler and code enforcement officer Gary Judkins clashed, an argument witnesses said continued outside after adjournment.
Butler’s complaint demands that the manager and board immediately suspend Judkins. It also calls for an investigation into whether Judkins violated the town conduct code and state certification standards, and asks leaders to “formally terminate” him.
Butler cited “bias, aggressive public conduct … and the immediate legal liability he has created for the town,” among other allegations.
Board of Selectpersons Chair David Leavitt confirmed that the town received the complaint. He said the review begins with Dylan Toothaker, the director of finance and human resources.
“The process will include any town policy regarding employees along with processes outlined in the collective bargaining agreement,” Leavitt said.
Judkins is already preparing for that process. On Friday, he said, “As of right now, I do not have legal representation, but I do have union representation.”
Butler and Judkins clashed at the Board of Selectpersons meeting when Judkins, who said he was speaking as a town resident and not as the code enforcement officer, criticized Butler for doing work around the town Civil War monument before the Independence Day observance and for cutting down two trees that were damaging his fence on Rowell Street, among other assertions.
Butler maintains that a survey has shown that he and his partner, Ashley Rand, own the property on which the monument stands.
Leavitt has said the issue of ownership is in litigation.
The complaint Butler filed states that at the board meeting, Judkins “alleged that my hiring of a company to clean the town war monument ‘was a disgrace to every resident of this town.’”
Butler called the statement “baseless, unprofessional and indicative of personal animus, rather than any legitimate enforcement concern.”
The complaint also states that Judkins called it “a disgrace to the whole town and to every firefighter in Maine” that Butler had not lowered the flag at the monument to honor a firefighter who had died on duty.
Butler said he has never been responsible for lowering the flag.
“My only involvement has been replacing the flag at my own expense due to weather damage,” Butler said.
Concerning the Rowell Street trees, Butler’s complaint states Judkins “alleged that my fence encroaches on town property” and that the trees were “removed over the property line.”
Butler said the trees “were removed with the express permission of the current town manager because they were falling and damaging our fence.”
Rhonda Irish served as town manager when Butler requested permission to remove the two trees. She retired in 2022 after 13 years in Wilton.
Leavitt previously told Monitor Local, “I do believe James (Butler) was allowed to cut the trees as they were damaging his fence.”
Butler’s complaint outlines four legal bases for his grievance.
Among them, he notes that state law requires a code enforcement officer to “enforce state and local codes equally and impartially.”
He states that Judkins has made “public declarations of animosity.”
Butler further argues that Judkins has an “untenable conflict of interest” and “cannot impartially review permits or compliance matters associated with my clients.”
At least one other Wilton property owner has engaged Butler as a consultant on issues before the code enforcement officer.
Butler told Monitor Local on Tuesday that he is a certified code enforcement officer and, though he has returned to western Maine to live, he remains the deputy code enforcement officer for the town of Alfred.
Butler alleged in his complaint that Judkins violated Rule 80K of the Maine Rules of Civil Procedure. According to the Maine Department of Economic and Community Development, Rule 80K “prescribes the legal procedure which must be followed in prosecuting land use violations.”
The department manual notes, “Every code officer, whether prosecuting violations through a municipal attorney or without the assistance of counsel, should read this rule and become familiar with its requirements.”
Butler also alleged in his complaint that Judkins’ “bias, malice and lack of professional judgment critically compromise his credibility as a municipal witness” should he have to testify in court on the town’s behalf.
Butler further alleged that the town of Wilton is in “negligent retention” if it does not remove Judkins from his position. To retain him would jeopardize the town’s liability standing in any legal action, according to the complaint.
Officials have yet to set a timetable for processing Butler’s complaint.
