Board of Ethics Report - 1/11 & 1/26 Meetings

    The following report is courtesy of Board Member Jack Conway.

    The Board of Ethics held meetings on January 11 and January 26.  Due to the amount of work involved in drafting a new Code of Ethics we have agreed to meet twice each month in order to expedite the process.  The January 11 meeting was attended by Jim Breig, Jack Conway, Joseph Slater and Dave Youmans.  Before the January 26 meeting Justine Spada was appointed to the board and so at that meeting we had the full board for the first time.

    The January 11 meeting featured a discussion with Town Attorney Joe Liccardi.  We asked Mr. Liccardi to attend and provided him with a list of questions before the meeting so he had time to prepare.  He very graciously spent two hours with us discussing issues that we raised.  Mr. Liccardi agreed with the board's position that anonymous complaints should not be allowed since the accused should have the right to face his accuser.  He also convinced us that non-residents will be allowed to file complaints with the Board of Ethics since someone doing business in the town may not be a resident but could have a legitimate complaint that concerns the town.  He didn't feel that the Town Attorney should represent the Board of Ethics since he would have to represent town officials against complaints made to the board and this would present a conflict of interest.  The board agreed and will have to arrange for outside counsel on an as-needed basis.

    A major issue raised was when and how confidentiality can be granted to people who file complaints.  Mr. Liccardi walked us through his understanding of this issue and outlined our options.  The board is still struggling with this issue as we try to understand how we can encourage the filing of legitimate complaints while reducing the fear of retribution.  Since most of the business of the Board of Ethics must be public, it is hard to see how this can be achieved.  Mr. Liccardi also clarified the issue of FOIL requests about board activities.  He feels that nothing is available to be FOILed while a case is in process but all final determinations are public information.  Joe Liccardi's participation was greatly appreciated.

    The January 26 meeting was the first with a fully constituted board.  Justine Spada, an attorney, was the fifth appointee and the second lawyer on the board.  This meeting began the work of drafting a new Code of ethics.  The sections of the draft code discussed were Disclosure of interest in legislation and other matters; Recusal and abstention; Situations where disclosure, recusal and abstention are not required; Investments in conflict with official duties; and Private employment in conflict with official duties.  We will re-draft these sections based on the discussion and each of the five members has a new section to review and re-draft for the next meeting.

    The next meeting is scheduled for Monday, February 7th at 7:00 p.m. at Town Hall.