Representative Town Meeting Annual Meeting Materials (linked)

SEPTEMBER 16, 2021
TO DAVID CAMPO,
DAVE,
ENCLOSED IS A COPY OF THE RECENTLY PASSED ADVISORY OPINION FROM THE ETHICS COMMISSION.
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT ME.
THANKS,
[inte
MARTIN ZELDIS
CHAIRPERSON, WATERFORD ETHICS COMMISSION

anni SEP 24 PH 2:08
TOWN OF WATERFORD ETHICS COMMISSION ADVISORY OPINION:
The Town of Waterford Ethics Commission presents this Advisory Opinion, which applies to all
public officials of the Town of Waterford (defined as members of Boards and Commissions and
Town Officials, whether elected or appointed, in concurrence with the Code of Ethics Sec.
2.50.020 H).
As in any small town, public officials may find themselves involved in votes on policies, budgets,
and other decisions that may directly affect themselves or their family members. Waterford
maintains a Code of Ethics that specifies when a board or commission member should not take
official action. Further, the Town of Waterford Ethics Commission previously published
advisories about when action by a Town official is ethically improper. Following inquiries and
complaints, and in response to a subsequently requested Advisory Opinion to address the
relationship conflict question, this Opinion is an effort to state situations in which public officials
should refrain from voting.
The Preamble to the Code of Ethics, in Sec. 2.50.010 B, states, “The proper operation of town
government requires that all public officials and town employees shall be impartial and
responsive to the public interest, that public office and employment should not be used for
personal gain or advantage, and that public officials and town employees should not place
themselves in positions where private interest conflicts with pubic duty.”
This Advisory Opinion specifically addresses the meaning and intent of the Code in its definition
of conflict of interest. It comes as a result of a series of concerns and complaints made by
community members over the years. It acknowledges that previous opinions have not explicitly
defined instances where a conflict may exist and reflects a desire to ensure confidence in
government. This Opinion recognizes that the Waterford Ethics Commission is adjusting its
posture on the question of family relative conflicts, and is taking a specific position on this
question —one that we have long debated.
Sec. 2.50.030 A of the Code defines the existence of a substantial conflict of interest as follows:
“Public officials and town employees have an interest that is in substantial conflict with the
proper discharge of duties or employment in the public interest and of responsibilities as
prescribed by the laws of this state if they have reason to believe or expect that they, their
immediate family, or a business with which they are associated will derive a direct monetary
gain or suffer a direct monetary loss, as the case may be, by reason of their official activity.” The
Code further states, in Sec. 2.50.030 C, that “A public official or town employee may not take
official action on any matter in which a substantial conflict (as defined in subsection A of this
section) exists. If the conflict is disclosed, a public official or town employee may participate in
discussions with or give opinions or recommendations to a town board, agency, commission,
committee, department, or another public official or town employee.”

These sections of the Code preclude public officials from taking actions where a conflict of
interest exists. Such conflict includes circumstances where a benefit - real or perceived - would
accrue to the official, their family, or their business relations as result of such action. Public
officials take official action when they vote “yes” or “no” where this type of question is before
them. This Advisory Opinion does not intend to restrict or limit any representative from full and
active discussion and examination of any and all issues that come before them, as is provided in
Sec. 2.50.030. It is, however, our opinion that public officials must abstain from voting in
situations in which circumstances exist that give rise to a conflict of interest or a public
perception of such a conflict. Examples include situations. when the Board or Commission
member is employed by the Town, has a family member employed by the Town, has a business
relationship with the Town, or is in a circumstance that gives rise to a perception of conflict of
interest.
It should be noted that this opinion resolves the issue of whether a real or perceived conflict of
interest takes precedence over the exception allowed in Sec. 2.50.030 B: “Public officials or
town employees do not have an interest that is in substantial conflict...if any benefit or
detriment accrues to them, their immediate family, or a business with which they are associated
as a member of a profession, occupation, or group to ho greater extent than any other member
of such profession, occupation, or group.” For example, a town official is not immune or exempt
from a real or perceived conflict of interest when voting on issues affecting a family member in
a collective bargaining unit. Actions taken by public officials that appear to the public as
improper will determine the existence of a conflict and, subsequently, determine the
appropriateness of the behavior.
This Advisory Opinion is broad and is intended to be applicable to all Town activities, including
the Board of Education; public safety and fire services; and the Town’s numerous permanent
and temporary Boards, Commissions, and committees. It supercedes previous Opinions on this
issue and presents a specific position for all future Town activities. It is the result of
investigation into a specific complaint and the subsequent request for an Advisory Opinion that
followed that investigation. (In accordance with the code 2.50.060 C, it should be noted that
the results of our investigation into the complaint may be different if different facts are
presented to the Commission at a later date.) This Opinion applies to future situations only; it
clarifies the meaning and intent of the Code in its definition of conflict of interest and gives
guidance to Officials as they work on behalf of the Town. it is intended to secure and keep
public confidence in our volunteer and elected officials.