MARIJUANA VOTE DRAWS FIRE

MANCHESTER - Mayor Frank Guinta has asked state Rep. David Scannell to
resign as spokesman for the Manchester school district after Scannell
voted Tuesday to decriminalize possession of small amounts of marijuana.

Scannell insisted he will not resign, saying his vote is a form of
political speech protected by the U.S. Constitution. He also raised
the possibility he would take legal action against the mayor or anyone
who tries to strip away his job.

In a letter signed yesterday, Guinta said Scannell's vote on the bill,
which passed the House but is unlikely to become law, "permanently and
irrevocably harms" Scannell's ability to serve Manchester's schools.
The mayor argued Scannell's resignation is necessary to "help restore
the integrity" of district anti-drug policies.

"He's the face of the district," Guinta said yesterday. "He interacts
with kids on a daily basis, and he is taking a position to
decriminalize marijuana. That is counter to logic, in my view."

Scannell, 41, has been the district spokesman since March 2004. He
also heads the district's safe schools program, an anti-violence
initiative. A Democrat, he won the Ward 2 House seat in a special
election last May.

In interviews, Acting Superintendent Henry Aliberti and several city
school board members said they consider Scannell an upstanding
employee. Guinta, too, said he had no qualms with Scannell's
performance as the district's coordinator of community relations. The
city charter does not authorize the mayor to fire school district
employees. Only the school district holds that power, Aliberti said.

Scannell stood by his vote yesterday, saying he believes the bill
would allow young people to "get into a rehabilitative system that
enables them to become functioning adults."

"We're not condoning drug use in any way, shape or form," he
said.

The bill would make possession of up to one-quarter ounce of marijuana
a violation punishable by a $200 fine. Under current law, a person
could face a $2,000 fine and jail time and may not be eligible for
some forms of college aid.

The bill passed the House by a vote of 193 to 141. It has yet to go
before the Senate, and Gov. John Lynch has said he would veto the bill
if it reached his desk.

Three Manchester Fire Department employees who double as state
representatives also voted in favor of the bill: Jeff Goley, Patrick
Garrity and Daniel Sullivan. All three are Democrats.

Guinta has not asked for their resignation and declined to say whether
he would.

"I'm focusing on the school district," said Guinta, a Republican
considering a run for governor. "We have drug policies that the
district is responsible for adhering to, and the person who is
responsible for public relations is taking a completely counter view.
I think that is going to impact (his) credibility with parents and
students."

Guinta said he left a voice mail for Scannell but did not speak with
him before he sent the letter asking for his resignation. The mayor
sent a copy of the letter to Aliberti.

Aliberti declined to say whether he thinks Scannell should keep his
job. He called Scannell a "fine employee" and said he has, in the
past, kept his legislative responsibilities separate from his duties
as a district employee.

Some members of the Manchester school board rose to Scannell's defense
yesterday. Joyce Craig, the committeeman representing the North End,
said Scannell's politics should not have any bearing on his job.

Chris Herbert, a Republican representing Ward 4, said he disagrees
with Scannell's position on the bill but would not want him to lose
his job because of it.

"I don't know what the mayor's deal is. A majority of the House voted
for it," Herbert said.

Scannell is a Central High School graduate and has a law degree from
the University Maine. Before taking the school district job, he spent
several years working as an aide to Mayor Robert Baines.

He currently sits on the board of directors for Makin' It Happen, an
organization that discourages children from using drugs, tobacco or
alcohol. The group's executive director, Tym Rourke, said Scannell
asked to be taken off the board at least a month ago because he took a
position with the Bean Foundation, which provides funding for groups
like Makin' It Happen. No action been taken yet.

The organization has not taken a position on the bill, but Rourke said
he thinks it sends a "dangerous" message that marijuana use is "not a
big deal."