| Title | Name | Term | Address | Phone | |
| Chair | Prudence Grant | 2011 | 23 Free St. Lisbon Falls, Maine 04252 |
(H) 353-4603 | pgrant@gwi.net |
| Vice Chair | Janice Comber | 2009 |
|
(H) 353-6151 | jcomber_SchoolCommittee@myfairpoint.net |
| Traci Austin | 2010 | 72 Webster Rd. Lisbon, ME 04250 |
(H) 353-9802 | taustin_lisbon@yahoo.com | |
| Deborah Danuski | 2009 | 607 Lisbon St. Apt. B Lisbon Falls, ME 04252 |
(H) 809-2359 |
dldanuski@aol.com | |
| Robin Tupper | 2009 |
3 Reid Street |
(H) 353-7428 |
|
Lisbon Ethics Panel
TO:
Lisbon Town Council; Stephen Eldridge, Town Manager
Lisbon School Committee; Shannon Welsh, Superintendent of
Schools
FROM: David
Bowie, Chairman, Lisbon Ethics Panel
The Lisbon Ethics Panel held an
organizational meeting on October 30`h
at the Lisbon Town Office. All five
members were in attendance:
David Bowie, chairman
Mary Callahan,
alternate member
Sandy Craig, regular
member
Ross Cunningham,
alternate member
Michelle
Swatsworth-Turmelle, regular member
Members.not
already sworn in were sworn in by Jody Durisko, Administrative
Assistant. After exchanging personal introductions the Panel reviewed
its charge as described in Chapter 12 of the Lisbon Municipal Code. All
members were provided with copies of this code and the state and local
codes referenced in Section 12-4.
We present here an outline of our process as we understand it. The
intent of this outline is to publicize the procedure and to allow a
review of the process by both the Council and School Committee. We would
ask that we be advised, if any part of the process conflicts with other
portions of code or policy.
Conflicts of interest are quite clèarly defined in Chapter
12 and the related statutes. A key element is awareness of what
constitutes a conflict of interest. All persons governed by Chapter 12
should be given copies of the Code with additional explanation as
needed, and ethics should be a regular part of staff training. Conflicts
of interest can be avoided or resolved through personal action or by
actions of the Council or School Committee. If such actions do not
resolve an apparent issue of conflict of interest, then the matter can
be referred to the Ethics Panel.
Referral to the Ethics Panel can be made by a public
official having a potential conflict of interest, by two members of a
board concerning members of that body, or by citizen petition. Any
referral must be in writing and
must clearly and fully describe the action or. situation which is
believed to constitute the conflict of interest. Referrals to the Ethics Panel will be submitted to
the Panel Chairperson via standard mail, email, or personal delivery.
Upon receipt of a referral the submission will be verified
with the person(s) making referral, the person alleged to be in conflict
will be notified, and the affected board will be notified. The Panel has
set the first Wednesday of each month at 6:30 pm as its tentative
meeting time. The Panel will meet, if a referral has been submitted for
review. If timeframes require a more immediate review, the Panel will be
convened as soon as is practicable by its membership.
Chapter 12 provides
specificguidelines for the Panel in conducting its review and making its
findings. Certain details are not addressed in the Code, and the Panel
has tentatively adopted the following procedures:
1) Ethics Panel
meetings, other than requested public hearings, are open only to the
Panel, the person named in the referral, and that person's
representative (if desired). 2) Minutes of Panel meetings will
record the decision of the Panel regarding the alleged conflict of
interest and an explanation of the reasoning supporting the decision of
the Panel. 3) In any decision that is not unanimous, the dissenting
member may submit a minority opinion. We recognize both the need to
address lapses of ethics and the need to protect individuals from undue
harm.
We are prepared to serve as Lisbon's Ethics Panel. The best
measure of success would be if the Panel never had to review a referral.
This would indicate that identified conflicts of interest were being
resolved by individual officials or by the affected boards before they
became problems. The City of Auburn has had a nearly identical ethics
code since 1994. Its Panel has been called upon to review a referral
only once in fourteen years. We hope that the adoption of Chapter 12 and
the existence of a referral process will provide guidelines that will
eliminate or properly manage any potential conflicts of interest that
may arise. |
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Chapter 12 ETHICS AND
CONFLICTS OF INTEREST
Sec. 12-1. Statement of policy.
Sec. 12-4. Conflicts of interest.
Sec. 12-5. Additional standards.
Sec. 12-7. Effect of advisory opinion.
It is the policy of the Town of
This article shall not prevent the town
council, the school committee, the town manager, or the superintendent
of schools from adopting additional procedures and employment standards
intended to prevent the exercise or appearance of improper influence or
bias in the conduct of government business.
(T.M. of 5-15-2007, § 2007-067)
As used in this article, the following
terms shall have the following meanings:
Conflict of interest.
The term "conflict of interest" means a situation where a public
official cannot participate in a matter because of a personal
relationship, financial involvement, or other situation that would cause
a reasonable person to believe that the public official cannot act in
his or her official capacity without self-interest or bias.
Financial involvement.
The term "financial involvement" means any existing (or current efforts
toward achieving) ownership or investment interest, contract right,
significant customer relationship, or employment relationship, of or
with a public official or a person with whom the public official has a
personal relationship.
Municipal board.
The term "municipal board" means the Lisbon Town Council, the Lisbon
School Committee, the Lisbon Planning Board, the Lisbon Board of Zoning
Appeals, and the Lisbon Board of Assessment Review.
Participation in a
matter. The term "participation in a matter"
means action by a public official to vote, decide, deliberate, influence
or direct others regarding matters currently before, or anticipated as
coming before, a municipal board, committee or commission or which
involve the operation of municipal government or the school system.
Personal relationship.
The term "personal relationship" means any family, affectional, or
social relationship that is characterized by one or more of the
following:
a. Persons who are husband and wife, or
parent and child;
b. Persons who share an ongoing physical
intimacy with each other;
c. Persons who acknowledge an ongoing
romantic relationship with each other;
d. Persons who live together in the same
residence;
e. Persons who intermingle their
financial assets without an accounting of separate ownership interests.
Public official.
The term "public official" means (1) any person holding an elected or
appointed position with a municipal board, committee, or commission; (2)
the town manager; (3) directors of municipal and school system
departments; (4) the town finance director; (5) the superintendent of
schools; (6) school principals; (7) any person designated as a town
officer or official under state law; (8) employees.
(T.M. of 5-15-2007, § 2007-067)
(a) Establishment
of ethics panel. There shall be established an ethics
panel consisting of three regular voting members and two alternate
members. Two regular voting members and one alternate member of the
ethics panel shall be appointed by the town council, and one regular
voting member and one alternate member of the ethics panel shall be
appointed by the school committee. A regular voting member or alternate
member of the ethics panel may not hold any other town or school
department office or position or be a member of any board or commission
to which the town council or school committee have appointing authority.
(b) Term.
The regular voting members of the ethics panel shall be appointed to
staggered three-year terms. When the first appointments are made, one
member shall be appointed by the council to a three-year term, one
member shall be appointed by the school committee to a two-year term,
and one member shall be appointed by the council to a one-year term. The
town council chair annually shall appoint one of the regular voting
members to serve as chair of the ethics panel. Alternate members shall
be appointed to three-year terms.
(c) Role
of alternate members. Alternate members of the ethics
panel may participate and vote in ethics panel proceedings if a regular
voting member is incapable or unavailable to serve in regard to a
particular referral or is disqualified from participation because of a
conflict of interest. The alternate member designated shall be selected
by the chair of the ethics panel.
(d) Powers
and duties. The ethics panel shall have the authority
to issue advisory opinions on questions relating to conflicts of
interest.
(T.M. of 5-15-2007, § 2007-067)
(a) Standard
of conduct. A public official shall refrain from
participation in a matter when there exists an actual, potential or
reasonably perceived conflict of interest.
(b) Statutory
and policy standards. There are applicable provisions
of the General Statutes of the State of
17 M.R.S.A. § 3104 Conflicts of Interest;
Purchases by the State
17-A M.R.S.A. § 456 Tampering with Public
Records or Information
17-A M.R.S.A. § 602 Bribery in Official
and Political Matters
17-A M.R.S.A. § 603 Improper Influence
17-A M.R.S.A. § 604 Improper Compensation
for Past Action
17-A M.R.S.A. § 605 Improper Gifts to
Public Servants
17-A M.R.S.A. § 606 Improper Compensation
for Services
17-A M.R.S.A. § 607 Purchase of Public
Office
17-A M.R.S.A. § 608 Official Oppression
17-A M.R.S.A. § 609 Misuse of Information
17-A M.R.S.A. § 903 Misuse of Entrusted
Property
21-A M.R.S.A. § 504 Persons Ineligible to
Serve
30-A M.R.S.A. § 2605 Conflicts of Interest
30-A M.R.S.A. § 5122 Interest of Public
Officials, Trustees or Employees
(c) Standards
of representation. No public official shall appear on
behalf of any third party before any town board, committee or
commission, including a board, committee or commission of which the
official is a current member, or represent any third party interest in
any action, proceeding or litigation in which the town or one of its
agencies is a party. Nothing herein shall prohibit any public official
from appearing as a witness when duly called by a party for the purpose
of giving non-privileged testimony before any town board, committee or
commission or in any litigation. Nothing herein shall prohibit the
official from representing the official's personal interest and
appearing before any town board, committee or commission including that
of which the official is a current member, but during the representation
of such interest, the official shall be considered a member of the
general public, or interested party in the matter under deliberation,
and shall not sit with the board, committee or commission, deliberate on
the matter, or vote on the item concerned. The term "personal interest"
includes any interest of the public official as a resident, landowner,
or taxpayer who may be affected by the matter under consideration.
(d) Referral.
When a public official does not voluntarily refrain from participation
in a matter and there is a question as to the existence of a conflict of
interest, the matter may be referred to the ethics panel for its
advisory opinion as follows:
(1) A public official may refer to the
ethics panel the question of whether he or she has an actual, potential
or reasonably perceived conflict of interest; or
(2) Two or more members of the town
council, school committee, or other municipal board may refer to the
ethics panel the question of whether another member of that body, or of
a public official who serves under the authority of that body, has an
actual, potential or reasonably perceived conflict of interest; or
(3) A registered voter within the town
of
(e) Ethics
panel determination. The ethics panel shall determine
whether the public official should refrain from participation in a
matter because of the actual, potential or reasonably perceived
existence of a conflict of interest.
(f) Board,
committee or commission determination. Nothing in this
chapter shall affect, limit or preclude a particular board, committee or
commission from determining a question of ethics or conflict with
respect to one of its members at a particular hearing or meeting, by
vote of the board, committee or commission excluding the member alleged
to have an ethics or conflict issue that would preclude participation,
including voting, on a matter pending before that board, committee or
commission.
(T.M. of 5-15-2007, § 2007-067)
(a) Standard
of conduct. A public official, other than the town
manager or the superintendent of schools, who is a municipal or school
department employee shall not hold a supervisory position, or be senior
in the chain-of-command, to an individual with whom he or she has a
personal relationship or a financial involvement (other than the
municipal or school system employment relationship), unless:
(1) The relationship is disclosed by the
public official to the town manager or superintendent of schools,
whoever is the appropriate senior administrative officer; and
(2) The town manager or superintendent
of schools approves a management plan that is designed to prevent
favoritism or any other improper influence in connection with the
employment relationship and that provides ongoing oversight by a person
or persons not subordinate to either of the individuals who have the
personal relationship or financial involvement; and
(3) The town manager or superintendent
of schools reports to the town council or the school committee,
whichever is the appropriate legislative body, the existence of the
potential incompatibility of employment positions and the establishment
of a management plan to address the same.
Neither the town manager nor
superintendent of schools shall hold a supervisory position, or be
senior in the chain-of-command, to an individual with whom he or she has
a personal relationship or financial involvement (other than the
municipal or school system employment relationship), unless:
(1) The relationship is disclosed to the
town council or school committee, whichever is the appropriate
legislative body, by the town manager or superintendent of schools; and
(2) The legislative body establishes a
management plan that is designed to prevent favoritism or any other
improper influence in connection with the employment relationship and
that provides ongoing oversight by a person or persons not subordinate
to the town manager or superintendent of schools.
(b) Referral
for assistance of ethics panel. The town manager, the
superintendent of schools, or a majority of the members of the town
council or the school committee may request an advisory opinion from the
ethics panel relating to conflicts of interest, situations contemplated
under this section, and the formulation of a management plan.
(T.M. of 5-15-2007, § 2007-067)
(a) Referral
of cases. A referral to the ethics panel shall be in
writing and shall describe with particularity the factual basis of the
referral.The ethics panel promptly shall give notice of the referral to
the chair of the municipal board concerned and the public official whose
personal relationship or financial involvement is the subject of the
referral.
(b) Fact-finding.
Upon receipt of a referral, the ethics panel shall determine the facts
necessary to render an advisory opinion. The facts may be agreed upon
and set forth in the referral. If additional fact-gathering is
necessary, the ethics panel, or a person designated by it, may conduct
informal interviews and solicit additional information. The ethics panel
shall determine the facts through a formal hearing process only if so
requested either by the public official who is the subject of a referral
or by the public officials who submitted a referral.
In regard to its gathering of facts
relating to the existence and nature of a personal relationship, the
ethics panel shall be limited to the voluntary statements and other
information provided by the public official whose relationship is at
issue.
(c) Deliberation.
Upon conclusion of its fact-finding, the ethics panel shall deliberate
over the question referred to the panel. Any person may submit written
comments to the ethics panel setting forth his or her position regarding
the question under consideration.
(d) Decision.
Upon conclusion of fact-finding and deliberation, the ethics panel shall
issue a written advisory opinion that includes findings of fact,
application of the standards set forth in this article and
recommendations. The ethics panel shall furnish a copy of its advisory
opinion to the chair of the municipal board concerned and the public
official whose personal relationship or financial involvement is the
subject of the opinion.
(e) Time
limits. The ethics panel shall attempt to issue its
advisory opinion within two weeks of its receipt of a referral. The
ethics panel may decline to consider referrals regarding conflict of
interest questions relating to the final vote of a municipal board that
occurred prior to the referral.
(T.M. of 5-15-2007, § 2007-067)
The opinion and recommendations of the
ethics panel shall be advisory only. The members of a municipal board
may vote to adopt the recommendations of the ethics panel as it relates
to the participation in a matter by a public official.
(T.M. of 5-15-2007, § 2007-067)
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