Finance Committee takes a closer look at how a downtown parking plan was funded
By RANDY SEAVER, Editor
A controversial and temporary downtown parking program will be reviewed by the Biddeford City Council at its next meeting, Feb. 3.
As first reported in the Biddeford Gazette earlier this week, Mayor Liam LaFountain and members of the city council were unaware that nearly $20,000 was being spent to offset parking costs for business owners and their employees during a seven-month long sewer upgrade project in the downtown area.
The parking plan was never reviewed or discussed by the city council or Finance Committee before it was launched last year, but the subject dominated Tuesday’s Finance Committee meeting, which raised new questions and drew a sharp rebuke from City Councilor Marc Lessard.
Biddeford’s Pearl Street Parking Garage (City photo)
Subsequent to the Jan. 19 story, the Biddeford Gazette conducted additional interviews and filed a FOIA (Freedom of Information Act) request for more information, much of which was discussed during Tuesday’s meeting.
City Attorney Harry Center told the Finance Committee that he was “troubled” by how the plan was implemented.
“I’m not a CPA. I’m not an auditor, but it troubles me as a lawyer regarding how the [invoices] were characterized as professional/consulting services,” Center said.
City Manager Truc Dever told committee members that the plan was envisioned to be “net neutral” and would not add additional spending beyond the ongoing subsidy payments that the city gives to the city’s parking garage operators, Premium Parking.
According to Dever, the city makes two payments each year to the parking garage owners so that they are guaranteed a profit — an agreement the city made years ago to entice developers to build the parking garage on city-owned land.
The most recent payment to Premium Parking was $146,570 to cover the period from July 1 to Dec. 31, 2025.
Brad Favreau, the city economic development coordinator, said that Brian Phinney – then the acting city manager – assured him that the program would be revenue neutral. He said it was Phinney who decided which account would be used to make the payments.
Phinney retired from the city earlier this month.
Favreau told the committee that former mayor Marty Grohman approved the project after some discussion between Grohman, Phinney, Favreau and Delilah Poupore, executive director of the Heart of Biddeford, a private downtown booster organization.
Favreau said only 43 downtown employees took advantage of the program.
Dever — who began her job weeks after the parking program was launched –described the program as “well-intentioned” and said no one tried to keep it a secret.
Dever said flyers about the program were made and distributed and it was posted on the city’s website and discussed during a May 28 meeting of the Downtown Development Commission (DDC).
Poupore told the Gazette that her organization was aggressive in raising awareness about the program and that she and Favreau both handed out flyers to merchants throughout the downtown area.
Former city councilor Neva (Gross) Lance served as the city council’s liaison on the DDC. She told the Gazette on Wednesday that she recalled “some vague discussion” but no official decision or approval was made at that May 28 meeting.
Councilor Lessard – a member of the Finance Committee – said it does not matter if the program was well intentioned.
“The fact that this was done during the city’s election cycle makes me raise my eyebrows,” Lessard said. “If this program was so good, it would have been brought to the council.
“Instead, it was buried in an innocuous budget line. Call me a little bit crazy, but I’m not so ready to say that there is nothing wrong with this. I’m not ready to hold hands and sing Kumbaya,” Lessard said.
Councilor Dylan Doughty said he was concerned that the program was being funded by TIF (Tax Increment Finance) funds, which are strictly regulated.
“As a whole, we have committed ourselves to accountability and transparency,” Doughty said, adding that he thinks the city should take a closer look at how all TIF funds are being used to ensure that the city doesn’t end up in a “questionable position.”
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“The fact that this was done during the city’s election cycle
makes me raise my eyebrows.”
— Councilor Marc Lessard
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Mayor LaFountain told the committee he shares their concerns about how the program was launched and operated.
“My concern is not the intentions of the program,” LaFountain said. “We’re just coming off the review of a FY 23 audit that was quite scathing. When we go down this route, we lose public confidence.”
LaFountain told the city manager he would like to see plans and policies put in place to prevent another similar event. “It doesn’t matter who is sitting in these seats,” the mayor said. “We have process failures that we need to correct.”
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Randy Seaver is the editor and founder of the Biddeford Gazette. He may be reached by email: randy@randyseaver.com
c.) 2026 All Rights Reserved
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Biddeford voters could be asked to approve more than $47 million in municipal bonds to support ongoing sewer separation work and improvements to the city’s parks and recreational facilities.
During their July 15 meeting, city councilors discussed the prospect of an overall spending package intended to address items that would be much more costly if they were to be funded through the regular budget.
According to Acting City Manager Brian Phinney, the city will likely need to spend as much as $100 million over the next decade to continue state-mandated sewer separation projects.
(Photo courtesy of Associated Press)
The city is currently under a consent agreement with the Maine Department of Environmental Protection.
The city could face significant state and federal penalties if it fails to fund those sewer projects, Phinney told the council. Potential penalties could run as high as $10,000 per day.
Phinney said that in the near term, the city will need approximately $40 million to address the most pressing sections of the overall sewer separation work that needs to be done, as outlined in the consent agreement with the state.
Several councilors said they are concerned that voters might reject the bond because of its hefty price tag.
“We’re in this situation because prior councils – if you go back decades – didn’t make those investments.”
— Liam LaFountain
One option that many councilors seemed to favor was to break the $40 million into four separate bond questions or the ability to stagger the withdrawal of bond funds from their designated accounts.
According to Councilor William Emhiser, the impact of a $40 million bond would be approximately $350 per year for the average homeowner, based on an average $382,000 home.
Mayor Marty Grohman pointed out that current interest rates are running between 5.5 and six percent.
“It’s not fun to spend money on these types of projects,” said Council President Liam LaFountain. “But we really don’t have a choice. We have to do these projects. It’s the responsible thing to do, and we’re in this situation because prior councils – if you go back decades – didn’t make those investments.”
Most councilors agreed that a voter education effort will be critical in order to get the bonds approved at the Nov. 4 municipal election.
In a later discussion, LaFountain raised the idea of another bond package to support long overdue improvements and upgrades to the city’s recreational facilities, including Mayfield Park, Clifford Park, Rotary Park, Shevenell Park and the J. Richard Martin Community Center.
“It may seem like a lot, and it is,” said Councilor Marc Lessard. “But people ask us for these things, whether it’s a new skatepark or a Splash Pad. Now it’s going to be up to the people to decide if they want to spend the money on these items.
Councilor Doris Ortiz said she liked the idea of doing recreation funding through a bond package.
“I think it’s a good idea because there never seems to be enough funding for these needed items when get to the annual budget process,” she said.
The council is expected to vote at its next meeting scheduled for August 5 on whether to send the bond requests to voters in November.
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Randy Seaver is the editor and founder of the Biddeford Gazette. He may be contacted by email: randy@randyseaver.com
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Following a two-year period of tumultuous staffing turnovers at Biddeford City Hall, another department head has announced his resignation.
The Biddeford Gazette was able to confirm today that George Gervais– the city’s director of economic and community development — has resigned his position, a little less than 18 months after he was hired by the city.
Gervais was unavailable for comment as of press time. Acting city manager Brian Phinney said Gervais’ last day will be July 31. Phinney said he was not sure what prompted Gervais to offer his resignation.
George Gervais (LinkedIn)
Gervais previously worked at the Maine Department of Economic and Community Development beginning in 2008. Three years later, he was appointed by then Governor Paul LePage to become the department’s commissioner, a role he served until 2018.
Gervais was hired by the city of Biddeford on Jan. 16, 2024.
Former city manager James Bennett lauded Gervais as “the best possible candidate” to replace former director Greg Mitchell last year. “I don’t think we could have done much better,” Bennett wrote in a press release announcing the hiring of Gervais.
After being hired in 2024, Gervais described Biddeford as a “dynamic community that is making significant progress.”
Biddeford Mayor Marty Grohman was unavailable for comment at press time.
Over the last three years, Biddeford has experienced a significant amount of turnover in several key departments, including the finance and planning departments.
This story will be updated as more information becomes available.
CORRECTION: A previous version of this story contained a factual error, stating that Mr. Gervais was the commissioner of the Maine Department of Community and Economic Development from 2008- 2018. Although Gervais began working for the agency in 2008, he was not appointed as commissioner until 2011. We apologize for the error.
Randy Seaver is the editor and founder of the Biddeford Gazette. He may be contacted by email: randy@randyseaver.com
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Following a nationwide search, the Biddeford City Council is expected next week to confirm the hiring of Truc Dever as the city’s next professional manager.
Dever currently serves as the public works director for the city of Kirkland, Wash., a city with a population of roughly 93,000 people located about eight miles east of Seattle.
According to Mayor Marty Grohman, Dever will begin her new job in Biddeford in August. Details about her contract will not be available until her hiring is confirmed by the city council next week.
Biddeford City Manager Truc Dever
“Truc distinguished herself as the top candidate for the position for several reasons,” said Mayor Martin Grohman. “She brings over two decades of public sector leadership across a range of city operations, as well as experience in human resources and public health. The members of the city council and I are excited to welcome her to Biddeford.”
In her previous position as public work director in Kirkland, Dever oversaw a staff of more than “170 employees across multiple divisions, including utilities, transportation and capital projects,” according to the city’s website.
Dever held various leadership roles before becoming Kirkland’s public works director, including serving as human resources director in Kirkland; general manager at Greater Los Angeles County Vector Control District, and director of community affairs within the same agency, where she managed public health communication initiatives.
She also has experience as a small business owner and working in public relations and media roles. She has a bachelor’s degree in communications and political science from UCLA and a master’s degree in public administration from California State University, Fullerton.
“I am honored to be considered for this position as Biddeford’s next city manager,” said Dever. “I look forward to working alongside city leaders and community members to continue building a future focused on opportunity, sustainability and resiliency.”
Dever will become the city of Biddeford’s fifth city manager, taking over the helm from acting City Manager Brian Phinney. Previous city managers include Bennett, John Bubier, Edward Clifford and Bruce Benway.
According to the Kirkland city website, as the city’s human resources director, Dever “helped negotiate six collective bargaining agreements with the city’s labor unions; spearheaded the effort to provide affordable, accessible, and quality childcare benefits to Kirkland employees.
Grohman said Dever was selected from a pool of 34 applicants in a nationwide search for candidates.
Dever will begin her tenure Monday, August 11. Brian Phinney, the city’s chief operating officer, will continue to serve as acting city manager until Dever’s contract begins.
Randy Seaver is the editor and founder of the Biddeford Gazette. He may be contacted by email: randy@randyseaver.com
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The Biddeford City Council was presented Tuesday with preliminary budget proposals from both the School Department and the acting city manager.
There were a lot of grim faces in the room after both acting City Manager Brian Phinney and School Superintendent Jeremy Ray reviewed their budget projections with the council.
Because of a technical glitch, Phinney was unable to provide detailed information regarding salaries, but said that information should be available by early next week.
Ray described the annual budget process as a “Superbowl event” for those who have to develop public budgets.
Much later in the meeting, Biddeford City Councilor Norm Belanger said he felt like he was being served “saltines and cauliflower” instead of chicken wings for this ‘Superbowl.”
The largest number of the evening came from the School Department, which is requesting an 11.6 percent increase over last year.
Acting City Manager Brian Phinney (center) presents the council some grim budget realities (Seaver photo)
Though the city does not have its municipal budget finalized, Councilor Marc Lessard predicted a bleak outlook for the public and his fellow councilors.
Lessard, who has served on the council since 1993, said the upcoming budget review is going to be a “monumental task,” which will require plenty of pain and needed belt-tightening.
“The city council has never been able to shrink a budget request by more than two or three percent,” Lessard said. “Although we don’t yet have the numbers, I wouldn’t be surprised to see a seven to eight percent increase [on the city side of the budget]”
According to Lessard, the city’s combined budgets (School and City) have increased by roughly 20 percent over the last three years.
“This may be the year when we zero fund some social services,” Lessard said.
The social service budget includes funding for non-municipal services and programs, including things such as the library, the Heart of Biddeford, the Biddeford Housing Authority, Seeds of Hope, La Kermesse and the Biddeford Mills Museum.
A few highlights and details
Supt. Ray gave the council an impassioned presentation, pointing out the biggest factor for the school budget was directly tied to dwindling reductions in state subsidies because of the city’s skyrocketing valuation.
“This is the real picture and it’s going to involve some tough conversations,” Ray said. “But I firmly believe that our conversation should be about what is right, not what is on the spreadsheet.”
Ray said the school department is “hanging on” with its proposed budget and operating with minimum staffing levels and supports for students.
While student enrollment has risen only risen slightly since last year, Ray said an increasing number of students are facing significant challenges, including food insecurity and homelessness.
“I firmly believe that our conversation should be about what is right, not what is on the spreadsheet.”
— School Supt. Jeremy Ray
Ray told the council that between 100 and 150 Biddeford students are homeless, and that the large majority of students are living in poverty.
“Roughly two-thirds of our kids are living below the federal poverty line,” Ray said.
Ray told councilors that the school department has also seen a spike in students who need English as a Second Language services, up more than 100 from last year’s total of 300 students needing those same services.
Ray said looming concerns about federal funding for education along with changes in state funding are creating an extraordinary set of challenges, asking councilors and members of the public to show support for two bills now being reviewed by the Maine Legislature.
LD 501 would slightly increase the weighted count in the school funding formula for economically disadvantaged students under the Essential Programs and Services Funding Act, from 0.15 to 0.25 beginning next year.
LD 193 would amend the school funding formula to provide an additional .50 weight to a school administrative unit’s per-pupil count for each student experiencing homelessness.
On the municipal side of the budget, Phinney said he and his staff are presenting a “needs-based” budget.”
Phinney listed five new positions including a deputy fire chief, a fire inspector and a part-time administrative assistant in the fire department. The Recreation Department is requesting a part-time custodian, and the Assessing Department is requesting a “field lister” position.
Of those five new positions, Phinney said he was only recommending the field lister position.
Phinney said the council may want to look at reducing staff and building operations for the city’s public-access television studio that is now located on Pool Street near the West Brook skating park.
The budget process will continue Thursday, beginning at 5:30 p.m. as the council hears directly from those requesting social service funding from the city, including City Theater, the My Place Teen Center, Caring Unlimited, Biddeford Community Gardens and several others.
Randy Seaver is the editor of the Biddeford Gazette, He can be reached at: randy@randyseaver.com
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Less than 48 hours later, we received a detailed and comprehensive reply from Brian Phinney, the acting city manager.
Below, you will find our list of questions along with the unedited answers from Phinney:
Question: According to your comments at Tuesday’s meeting, the city is nearly three years behind on its annual audit obligations, going back to FY 2023. How did we get so far behind?
Given that we have not gone through an audit, how can we possibly put together a budget of more than $40 million with any degree of confidence?
Why was this delay with conducting an audit not addressed sooner?
Can this situation adversely impact the city’s bond rating?
RESPONSE:
“The audit delay is not unique to Biddeford; many municipalities across Maine and beyond have reported delays in completing audits as far back as FY22. The Office of the State Auditor maintains a website of municipal annual audit reports at https://www.maine.gov/audit/municipal/annual-audit-reports.html. It is assumed that these municipalities faced similar challenges due to either a shortage of auditors and increasing complexity in financial reporting requirements or other factors. While I cannot speak to the specific details related to delays in completing audits for other municipalities, it is known that Biddeford’s financials records were not kept current for FY23 resulting in the need to contract with Berry Dunn for services. This has delayed completion of subsequent audits. For reference, Biddeford’s typical audit schedule for each fiscal year, which runs from July 1 through June 30, usually begins in early July. The auditor will perform a pre-audit to perform a high level review of records in preparation for the audit. The audit is then typically started in late August and may run though December resulting in delivery of the audit between December and March. The actual dates vary based on availability of the auditor. As of today the City has two audits pending – FY23 and FY24. The FY25 Audit is not due to begin until July. While it’s not an ideal situation, we are on a tight timeline and fully committed to getting the audits completed as soon as possible.
The budget process is based on real-time financial data, revenue projections, and careful oversight from the City’s finance department, City Council, and professional staff. While an audit provides a third-party verification of financials, the absence of a completed audit does not mean we lack reliable financial information. Our team has continuously monitored revenues, expenditures, and fund balances to ensure fiscal responsibility. Additionally, our budgeting practices have been consistent with prior years, and we have not faced any operational issues as a result of the delay.
The City has been working on this issue for some time, and we have been in constant communication with our auditors. That said, we recognize the importance of getting the audits back on track, and we are exploring all possible avenues—including potentially engaging additional resources—to complete them as soon as possible.
The delay in audits is something we take seriously, and we are aware that financial reporting is a key factor in maintaining a strong bond rating. However, credit rating agencies look at a variety of factors beyond just audit timelines, including our overall financial health, debt management, and economic growth. To date, we have continued to meet our financial obligations, and there has been no indication of an imminent impact on our bond rating. That said, we are prioritizing the completion of the audits to ensure we maintain our strong financial standing.”
Our team has continuously monitored revenues, expenditures, and fund balances to ensure fiscal responsibility.
— Brian Phinney
QUESTION: You also told the city council that the city may have “a considerable exposure” of $790,000 in penalties from the IRS. You said you are “negotiating with the IRS” but the city (combined with school department) could still face a $233,000 liability. Can you provide specific details about how this happened?
RESPONSE: “The issue stems from payroll tax reporting errors that occurred several years ago. These were administrative oversights, and the City is now taking steps to address them. We have been working closely with the IRS to resolve the matter, and our goal is to minimize any financial impact on the City and taxpayers.
The initial penalty amount was $790,000. Absent report data the IRS calculated the penalty based on the total number of W-2 forms prepared rather than the actual number of 1095-C statements issued. Through proactive engagement and a detailed assessment of issue we have calculated a significant reduction in the potential liability. At this stage, the potential remaining exposure is approximately $233,000, though we are continuing our efforts to reduce or eliminate that amount entirely.
It’s important to note that while this is a serious issue, the City has taken corrective action to help ensure this does not happen again. We have additional oversight measures in our payroll and reporting processes and may consider using an outside payroll processing firm. Such a firm would be obligated to meet these IRS reporting requirements, thereby reducing or eliminating this concern going forward.”
QUESTION:HUD funding for Lead abatement: You told the council that the city may be facing a $350,000 penalty for our failure to properly “close out” the 2019 grant. What does this mean, and how did it happen?
RESPONSE:
“The issue with the 2019 HUD lead abatement grant stems from administrative requirements related to the formal “closeout” process of the grant. When a federal grant is awarded, there are specific reporting and documentation steps that must be completed to demonstrate that funds were used appropriately and that the project met all compliance standards. In this case, some of those final reporting requirements were not completed in a timely manner, leading to the possibility of the grant being rescinded.
The City has been in active discussions with HUD to resolve this issue, and we are working to provide the necessary documentation to properly close out the grant. We are optimistic this can happen.
There is no penalty, but rather, as a reimbursement grant the funds that had been expended would not be reimbursed.
It’s important to emphasize that this issue does not mean funds were misused—rather, it’s a matter of ensuring all federal reporting obligations are met. Moving forward, we are strengthening our grant management processes to prevent similar issues and ensure full compliance with federal requirements.”
QUESTION: Last year, the council approved a measure to spend up to $300,000 for an investigation and report concerning irregularities in the finance department. You said you anticipate that report later this month. How much did we end up paying for those services, which are above and beyond the annual audit, which is typically performed by Runyon, Kersteen & Ouellette?
RESPONSE:
“It’s important to clarify that BerryDunn is not conducting an investigation or preparing a report. Rather, they have been providing professional accounting services to help the City catch up on prior years’ financials. This includes tasks such as preparing journal entries, reconciling accounts, and other essential accounting cleanup work needed to get us ready for the audit.
“The Council authorized up to $300,000 for these services, and we are tracking expenses carefully to ensure we use only what is necessary. While this work is separate from the annual audit conducted by Runyon, Kersten & Ouellette, it is an essential step to ensure our financial records are in order and to facilitate the audit process. We will provide a final cost breakdown once all work is completed.
“We anticipate continuing to use BerryDunn’s services as needed until all outstanding financial issues are fully resolved. Their expertise has been critical in helping us catch up on prior years’ accounting work and prepare for the audit. Given the complexity of the work involved, we expect their support will be necessary on an ongoing basis to ensure all financial records are fully reconciled and that we remain on track moving forward, and we will need to approach the Council for additional funding for their work. We will continue to monitor costs and provide updates as this work progresses.”
QUESTION: You told the council “you all know the conditions of our books.” Can you please elaborate and provide some details about that statement?
RESPONSE:
“When I said, “you all know the conditions of our books,” I was referring to the well-documented challenges we’ve been working through in our finance department. The delays in our audits, the need for accounting cleanup work, and the backlog of reconciliations are all issues that the Council has been regularly briefed on. These challenges are precisely why we brought in BerryDunn, a highly regarded and award-winning accounting firm, to assist with financial reconciliation and why we are working diligently to bring our records fully up to date.
“It’s important to note that while there have been delays and areas that need improvement, the City is now taking every necessary step to ensure financial accuracy and transparency. Indeed, with the new Finance Director’s leadership backed up by additional outside expertise, we are making steady progress toward getting everything back on track.
QUESTION: You indicated that there are now two vacancies in the city’s finance department, saying “there’s no capacity down there, but also praised the new Finance Director for her professionalism and accomplishments in just the last few weeks.
You said that you had an applicant interested in one of the vacancies but they decided not to accept the city’s offer. Can you shed any light on why the applicant declined the offer?
RESPONSE:
“Yes, there are currently two vacancies in the finance department, which does present challenges. However, our new Finance Director has already made significant progress in just a few weeks, bringing a high level of professionalism, expertise, and fresh energy to the team. She is actively working to stabilize operations, improve internal controls, and move the City’s financial processes forward. In these roles, the level of public scrutiny can sometimes feel unfair to those simply trying to do their jobs. This is something we have to acknowledge when recruiting, as it can be a deterrent for potential hires.
We recognize that staffing shortages have added to the workload, but we are committed to filling these positions with highly qualified candidates who will contribute to the long-term strength of the department. As noted above, we may also engage outside services, such as for payroll processing, to provide additional support. Also, based on a decision of the Council, we will soon be transitioning sewer billing to Maine Water. Many surrounding municipalities (including Saco) handle sewer billing this way, which reduces errors and improves efficiency, since the sewer bill is based on the water bill, and Maine Water already does the water billing.
Despite these financial reporting challenges, the City remains on solid financial footing. We have a significant fund balance, skilled management, and improved oversight in place to ensure responsible fiscal stewardship. While we acknowledge the need to catch up on financial reporting and complete past audits, these issues do not reflect a financial crisis—rather, they are administrative hurdles that we are actively addressing. With a strong Finance Director in place, additional professional support from BerryDunn, and a commitment to transparency and best practices, we are making steady progress. The City continues to meet its financial obligations, provide essential services, and invest in our community’s future with confidence.
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During the March 4 Biddeford City Council meeting, acting city manager Brian Phinney provided the council with some concerning and significant updates regarding the finance department.
According to Phinney’s regular report to the council, the city could be facing:
Potential penalties of $790,000 from the Internal Revenue Service;
Penalties of roughly $350,000 from the federal Housing and Urban Development (HUD) regarding a 2019 grant for lead abatement.
According to Phinney, the city is also nearly three years behind on its regular audits. He said the FY 2023 audit should be completed this month.
Last year, the city council authorized spending up to $300,000 for an independent, forensic analysis of problems in the finance department. That report, Phinney said, is expected later this month.
Phinney praised the work of Gerry Matherne who was hired just a few weeks ago as the city’s finance director. “She is doing a fantastic job,” he said. “But we don’t have capacity down there.”
Phinney alluded to financial complications by telling the council: “You all know the conditions of the books.”
The city has gone through six finance directors in the last five years.
Below is the text of an email we sent to Brian Phinney today, seeking answers and clarifications regarding these issues. We have shared these questions with every media outlet that covers City Hall.
********
Dear Mr. Phinney,
I recently watched the Biddeford City Council’s March 4, 2025 meeting, and I have a few questions regarding your update as acting city manager to the council.
I know this is an extremely busy time for you and city managers all across the country as you begin putting together the FY 2026 budget.
Further complicating matters are two vacancies in the Finance Department and a rather abrupt transition in leadership.
Considering all that, I thought (and Mayor Grohman agreed) that it may be helpful to put my questions regarding your recent report in writing.
Make no mistake, if you would prefer, I am more than happy to meet face-to-face and anticipate the interview would take less than 15 minutes.
Here are my questions:
Three-year delay on audit: According to your comments at Tuesday’s meeting, the city is nearly three years behind on its annual audit obligations, going back to FY 2023. How did we get so far behind?
Given that we have not gone through an audit, how can we possibly put together a budget of more than $40 million with any degree of confidence?
Why was this delay with conducting an audit not addressed sooner?
Can this situation adversely impact the city’s bond rating?
IRS Exposure: You also told the city council that the city may have “a considerable exposure” of $790,000 in penalties from the IRS. You said you are “negotiating with the IRS” but the city (combined with school department) could still face a $233,000 liability. Can you provide specific details about how this happened?
HUD funding for Lead abatement: You told the council that the city may be facing a $350,000 penalty for our failure to properly “close out” the 2019 grant. What does this mean, and how did it happen?
BerryDunn report: Last year, the council approved a measure to spend up to $300,000 for an investigation and report concerning irregularities in the finance department. You said you anticipate that report later this month. How much did we end up paying for those services, which are above and beyond the annual audit, which is typically performed by Runyon, Kersteen & Ouellette?
Misc. You told the council “you all know the conditions of our books.” Can you please elaborate and provide some details about that statement?
You indicated that there are now two vacancies in the city’s finance department, saying “there’s no capacity down there, but also praised the new Finance Director for her professionalism and accomplishments in just the last few weeks.
You said that you had an applicant interested in one of the vacancies but they decided not to accept the city’s offer. Can you shed any light on why the applicant declined the offer?
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Earlier today, the Biddeford Gazette learned that an email regarding the abrupt departure of former City Manager James Bennett was sent from one member of the Biddeford City Council to Mayor Marty Grohman and every other member of the council.
According to our sources, the email was sent at 7:05 a.m. today (Feb. 27, 2025).
The city has been tight lipped ever since we reported Bennett’s abrupt and surprise departure. That action by the mayor and council has led to speculation throughout the community. Thus, the Biddeford Gazette filed a FOIA (Freedom of Information Act) request with the city.
All the President’s Men/ New Yorker magazine photo
In October, Bennett announced his resignation. He said he would stay on the job until Apri with 14 months remaining in his current contract, leaving a $15,000 retention bonus on the table.
Last week, all city employees were sent an email announcing that Bennett was being immediately replaced by Brian Phinney, the city’s chief operations officer.
Today’s email from one member of the council to all other members of the council and the mayor is now a public document. The Biddeford Gazette believes the people of Biddeford deserve to know what is happening, especially given many irregularities in the city’s finance department over the past two years.
Per state and federal law, some issues such as current legal matters or personnel issues are exempt from FOIA requirements. However, once those documents are distributed (electronically or otherwise) to several elected officials from another elected official, they become public documents.
Our Feb. 27, 2025 FOIA request is copied below:
_____________________
February 27, 2025
To: Mayor Marty Grohman, City Council, Harry Center, esq; City of Biddeford, Maine; et al.
Re: FOIA request
Pursuant to and under the Maine Freedom of Access Act § 402 et seq., I am hereby — on behalf of myself and the Biddeford Gazette — requesting an opportunity to inspect or obtain copies of the following:
A copy of an email that was sent to you and every current member of the Biddeford City Council at approximately 7:05 a.m. today (February 27, 2025) from a city councilor regarding the appointment of Brian Phinney as acting city manager and regarding former City Manager James Bennett.
2..Any other written correspondence between members of the council and mayor between Wednesday, Feb. 19 and today regarding the leave of the former city manager.
If you believe that this request is invalid and not the purview of the general public, please advise and explain with your specific objections in writing.
Please also provide whatever other documents (as outlined above) even if you deem other parts of this request to be invalid as defined by the State of Maine.
I believe these requested records should be provided free of any monetary obligation, given the nature of this request. However, if you anticipate a cost associated with gathering these materials, please advise me of those costs in advance.
Thank you for your attention to this matter.
Sincerely,
Randy Seaver
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THE BIDDEFORD GAZETTE 