Not Withdrawing As a Responsible Way to Deal with a Conflict in Stamford, CT
There are times when withdrawing from a vote is in fact not a
responsible act, but rather an act in one's own self-interest. In such
a case, a responsible official should participate and do what is in the
public interest.<br>
<br>
According to <a href="http://www.stamfordadvocate.com/news/article/Board-of-Finance-blocks-et…; target="”_blank”">an
article in Saturday's Stamford (CT) <i>Advocate</i></a>, one such instance
occurred in Stamford on Friday. I've written about this ugly situation
on a couple of occasions (see below) and made <a href="http://www.cityethics.org/content/stamford-ethics-controversy-involving…; target="”_blank”">a
three-part recommended resolution</a> which has, of course, been
completely ignored.<br>
<br>
Since I last wrote, according to <a href="http://www.stamfordadvocate.com/default/article/Finance-chairman-seeks-…; target="”_blank”">another
<i>Advocate</i> article</a>, the board of finance member against whom two
ethics complaints were filed has begun <a href="http://dockets.justia.com/docket/connecticut/ctdce/3:2010cv01583/90909/…; target="”_blank”">a
federal court proceeding</a> claiming that those who filed the
complaints broke the law. He also named two other top officials, <a href="http://www.cityofstamford.org/content/25/64/1168/2990/default.aspx" target="”_blank”">the
city's board of ethics</a>, and the city itself. He unsuccessfully
sought an injunction to prevent the ethics proceeding from going
forward.<br>
<br>
With no sign of a settlement in
sight, the ethics board was forced to ask the finance board for funds
to pay for an attorney to represent it in the ethics proceeding. The ethics board breaks into two panels, one to
hear a case, the other to investigate and prosecute it. The hearing
panel has counsel, as do the respondent and the complainants. But the
prosecuting panel does not.<br>
<br>
The finance board rules require a supermajority vote to approve new
appropriations. That means four votes, since there are six members. The
respondent in the ethics proceeding recused himself and left the room.
A member of the finance board who had been involved in another ethics
proceeding abstained, saying later that he did not want the appearance
of a conflict; but he did participate in the discussion about the ethics board request, opposing it.<br>
<br>
According to <a href="http://www.stamfordadvocate.com/news/article/Board-GOPs-facing-ethics-h…; target="”_blank”">another
<i>Advocate</i> article</a>, both members voted back in September to hire an
attorney to advise the finance board on ethics issues when these two
members were involved in ethics proceedings, even though the city
attorney suggested that it would be a conflict of interest for them to
vote. The other finance board member involved in an ethics proceeding
is quoted as saying, "We need a legal opinion from an impartial legal
scholar to evaluate the city ethics code and decide whether it is
constitutional, because it restricts the First Amendment right of
elected officials to ask questions." This is not general advice, but
specific research to help the two finance board members.<br>
<br>
In fact, the meeting to pay for finance board counsel was a special meeting with two days' notice,
and the two opposition members could not attend. The above-quoted
member said, "The allegations against me are completely false and I'm
not giving up my right to vote on this board because of false
allegations." Had either member withdrawn from participation, there
would not have been enough votes to hire an attorney.<br>
<br>
But when it served their interests, and when their votes were once
again needed to fund an attorney, both board members showed that they
would happily give up their right to vote.<br>
<br>
By not voting, the board member currently involved in the ethics
proceeding effectively was voting to prevent the prosecution against
him from having counsel (the other board member had no conflict and,
therefore, no excuse not to vote). No one would say this is fair. Since
the reason for withdrawal is to make things fair and make them look
fair, withdrawal was not the responsible way to handle the board
member's conflict in this situation.<br>
<br>
The finance board's attorney should have advised the board of
this, but I doubt that anyone asked or, if someone did, I doubt that
the attorney looked beyond the law, as if laws were all there was to
ethics.<br>
<br>
The ethics board should go before the finance board again and give its
members a little lecture on the purposes behind government ethics,
including withdrawal. And the finance board's counsel should confirm that the finance board members should not stand in the way of giving the prosecution panel the counsel it needs.<br>
<br>
The ethics board should also consider how best this case can be settled, because this messy case is fueling enmities and undermining
trust in the government. It's going to be hard to negotiate with someone as pigheaded as the finance board member, but the ethics board should try its best.<br>
<br>
My earlier blog posts on this situation:<br>
<a href="http://www.cityethics.org/content/stamford-ethics-controversy-involving…; target="”_blank”">A
Stamford
Ethics Controversy Involving Time Limits, Enforcement of Policy
Declarations, and More</a><br>
<a href="http://www.cityethics.org/content/stamford-officials-attempt-prevent-go…; target="”_blank”">Stamford
Official's Attempt to Prevent Government Employees from Filing Ethics
Complaints Is Nipped in the Bud</a><br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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