East Lyme ― Despite protest from two Democrats on the zoning commission, the commission on Tuesday appointed its former Republican-endorsed chairwoman to fill a vacancy for a full seat after she lost hers in the November election.

Newly elected Democrats Gary Pivo and Denise Markovitz informed the commission in a Tuesday email they would not be attending the special meeting due to procedural concerns about how members are being appointed.

Anne Thurlow, an unaffiliated candidate who ran with the Republicans in November, was appointed in a 4-0 vote by the remaining members ― unaffiliated acting chairwoman Nancy Kalal and Republicans Norm Peck III, Michael Foley and Marc Peterson, an alternate member seated in the absence of a full commission.

Thurlow replaces Debbie Jett-Harris, a Democrat who resigned earlier this month for health reasons. Jett-Harris was elected chairwoman in December by the commission.

The controversy has pitted the two Democrats against the rest of the board, including the unaffiliated Kalal. She ran under the Democratic banner but has since distanced herself from her two running mates.

“The Dems, they’re doing their thing and I’m not exactly in agreement with anything they’re doing,” Kalal said.

Thurlow’s appointment creates a tie between Republicans and Democrats at three members each, compared to a 4-3 Democratic majority before Jett-Harris resigned. The state minority representation law, which says no more than four members can be from the same party, treats the unaffiliated Kalal as a Democrat and Thurlow as a Republican because they were elected under that banner.

Both sides allege political maneuvering as part of the appointment process.

The special Zoning Commission meeting was called a day before the Board of Selectmen were set to vote Wednesday on a separate appointment of a commission alternate to replace Democrat Jay Ginsberg, who moved from the commission to the Board of Finance after the November election. On Wednesday night the selectmen appointed Democrat Cathy Yuhas, a registered nurse and real estate agent, as the alternate.

Kalal said the commission would have appointed someone within the required 30 days of his resignation if all members knew of Ginsberg’s resignation letter.

Reacting to what she characterized as “dirty” behavior among Democratic operatives in town, Kalal said she requested a police presence at Tuesday’s commission meeting based on emails, phone calls and public comment at previous meetings attempting to influence who was appointed.

“All it took was two guys, and they were huge guys,” Kalal said of the two officers who showed up. “Everybody had to file between them and it was enough to keep it civil.”

Pivo and Markovitz argue the appointment of Jett-Harris’s replacement should have been included in the agenda for the regular commission meeting scheduled for Thursday. They cited Robert’s Rules of Order, the authoritative text on how to run meetings, when they said special meetings should only be called when critical matters come up that must be dealt with quickly.

Pivo in a Wednesday email to the Board of Selectmen said members voted preemptively to appoint Thurlow so the selectmen’s decision the next day didn’t alter who was chosen for the full position – and who is ultimately endorsed by the commission as chairman.

Pivo also called on Town Clerk Karen Galbo “not to record that Ms. Thurlow has taken the oath” of office until the matter was resolved. Galbo on Wednesday said she swore in Thurlow that morning.

Town attorney Mark Zamarka was at Tuesday’s zoning meeting and did not object to the appointment.

Peck, one of the Republicans, in a Wednesday phone call acknowledged the commission’s desire to retain control of the process.

“All I can tell you is the zoning board wanted to elect a replacement as we usually do, and not leave it up to the Board of Selectmen,” Peck said. “This is all within our rights and totally legal, according to the town attorney. It’s nothing unusual but for the odd political opposition we are faced with. And somebody is causing this commotion unnecessarily.”

Several residents spoke up during public comment against Tuesday evening’s appointment, including newly-elected Planning Commission member Nick Menapace, a Democrat. He launched a failed bid for state representative against state Rep. Holly Cheeseman, R-East Lyme, in 2022.

“The voters spoke loudly and clearly, and as elected officials it is your responsibility to uphold their will,” Menapace said. “When unsavory elected officials try to operate in shadows and subvert the rule of the people, they’re practicing a form of voter suppression. We operate in an era of anti-democratic forces and, frankly, the calling of this meeting seems like a way to bypass democracy.”

The controversy is among the latest in a series of disputes over the filling of vacancies on the pivotal commission. It comes amid fears of overdevelopment in town that contributed to an Election Day shakeup that displaced Thurlow, who is a real estate agent, and fellow Republican David Schmitt.

Resident Lisa McGowan also characterized Thurlow’s appointment as a way to subvert the democratic process.

“I just want clean water for my grandchildren to swim in. We want bees in our yard. And this is really dirty pool. You know it,” she said.

e.regan@theday.com

Editor’s note: This article was updated to correct Thurlow’s political affiliation and the first name of David Schmitt.