York Town News
York selectman in tax and voter registration conflict
By Steve Rasche and Jennifer L. Saunders
YORK - Public records from both Maine and Massachusetts show that for at least the past three years Selectman Len Dorrian has been listed by both states as simultaneously filing for homestead exemptions as a permanent resident of York and of Boston.Dorrian, a former member of York's Property Tax Task Force and the owner of a home in York Harbor, is also listed on the assessor's database for the city of Boston as owning a residence there for which he has received thousands of dollars in tax abatements since 2003 on the basis of permanent residency in that city.
At the same time, records from the town of York show that Dorrian requested and received homestead exemptions from York for 2002, 2003, 2005 and 2006, and that he is scheduled to receive the exemption again this year.
Laws in both Massachusetts and Maine allow for homestead exemptions or residential abatements only for the applicant's permanent place of residence, and specifically prohibit any applicant from having more than one permanent home or legal residence.
When contacted Tuesday, Dorrian said he believed he had done everything necessary to change his residence in January of 2005, including updating the location of his income tax filing, driver's license and retirement benefits.
In recognition of the difficulty in enforcing homestead eligibility, the Maine Homestead Exemption Application requires applicants to disclose whether they have owned a homestead in another municipality within the past 12 months, and to state the municipality where any previous homestead is located. The application further limits eligibility for the exemption to those who have qualified as permanent residents for a minimum of 12 months prior to making application.
A copy of the most recent application for a Maine homestead exemption signed by Dorrian on Feb. 7, 2005, indicates that he did not disclose the existence of the Boston residence at the time of application, although public records in Boston indicate he had received a residential tax exemption in the amount of $1,222.97 on his Boston property based on a claimed permanent residency in that city just one month earlier, in January of 2005.
When asked why he had not disclosed the existence of the Boston residence as required by law at the time of filing for the Maine exemption in February 2005, Dorrian stated that he could not recall ever filling out or signing any form and only remembered visiting the Assessor's Office in York to request the Maine homestead exemption.
Additionally, Boston voting records show that Dorrian voted in that city on Nov. 2, 2004, just three months prior to filing for the exemption in York.
Public records in Boston show that Dorrian has continued to receive residential property tax abatements there in the amount of $1,344.70 in 2006, and $1,525.05 in January of 2007, all based upon permanent residency in that city.
When asked to explain why Boston tax records showed him as continuing to receive a residential abatement there in the years since moving to Maine, Dorrian responded that he was unaware that he was receiving any such abatements and further stated that he just paid the bills online and has never checked up on his Boston property taxes.
Dorrian also stated that his Boston property has been renter occupied since 2006 as income property.
Records in York indicate that the tax savings for Dorrian based on homestead exemptions here have been far less, amounting to only $109.88 in 2005 and $106.80 in 2006. Although Dorrian is scheduled to receive an exemption from the town for 2007, the assessor has not yet calculated the final amount.
Despite the apparently small dollar amount at issue in Maine, a spokesman from the Maine Attorney General's Office, who asked to remain unidentified, said that while his office could not comment on the Dorrian matter, the state has prosecuted similar cases in the past on the basis of their importance as a matter of public policy.
The Maine Homestead Exemption Application requires that all applicants sign a declaration as to their belief that the answers being provided are true, correct and complete, under penalty of perjury. The application further states that "a person who knowingly files false information for the purpose of obtaining a homestead exemption is guilty of a criminal offense."
According to the Maine Attorney General's Office, knowingly providing false information on a homestead exemption form is prosecuted as a Class E crime, subject to fines and imprisonment for up to six months.
The spokesman provided, as an example, a case where the state prosecuted and convicted an attorney who had claimed residency in both Maine and Massachusetts for the purpose of achieving residential homestead exemptions in both states.
In that case, the lawyer was prosecuted by the state of Maine and convicted in September of 2003 for having received one year's worth of unlawful exemptions totaling only $106. He received a criminal fine, was ordered to pay restitution and was reported to the Maine and Massachusetts Bar Associations for further disciplinary action. The lawyer's failure to disclose the existence of his Massachusetts residence on the Maine homestead application was the key evidence that led to the conviction.
Separate from the tax abatement issue, voting records obtained from the Registry of Voters in Boston and the Town Clerk's Office in York also indicate apparent conflicts in Dorrian's voter registration status.
Specifically, Dorrian is currently listed as an active voter in Boston and also in York. Although records indicate that Dorrian has not voted in Boston since November of 2004, the city of Boston's annual census shows that Dorrian or his authorized agent has continued to report Dorrian as a permanent resident of that city for the years 2005, 2006 and 2007.
Dorrian said that he did not know whether he still showed up on the voter registry for Boston and suggested, if he did, that they may not have updated their records.
Apart from the tax-related issues, Dorrian's apparent permanent residency status in Massachusetts may conflict with his ability to run for or hold public office in York.
A spokesperson from the York Town Clerk's Office confirmed that elected public office in York is limited to those who are valid registered voters and permanent residents in York, and is not open to permanent residents or registered voters of other municipalities.
Dorrian first ran for the office of selectman in April of 2005, successfully beating out longtime Selectwoman Carole Allen in a recall election of Allen and former Selectmen Chairman Stan Wilson. Dorrian filled the remaining two years of Allen's term.
Dorrian is currently seeking reelection to a three-year term on the board in the upcoming May referendum after filing his nomination papers for candidacy last month.
