Monday, November 26, 2007

Conflict of Interest

What constitutes “conflict of interest”?

In a small town with only so many people who are willing to serve their community, one could find “conflict of interest” in many areas, if they look hard enough or want to push the issue.

But is it a conflict?

Is it a conflict if you serve on a town board, town council or other town committee and you happen to makes wreaths for the town, fix cars, sell insurance, sell merchandise, create a website, or contract some sort of service?

If you look through the history of Dexter or any other town for that matter, you will find overlapping of such activities. Does that make it a conflict of interest and people are not serving you well?

Should that make civic minded people ineligible for serving their community?

According to the Town Charter in Dexter, ARTICLE IX: GENERAL PROVISIONS/CODE OF ETHICS
The charter reads as follows:

Section 9.01. Personal financial interests
Any town (officer) Councilor, Board Member or employee who has a conflict of interest, or a financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract with the town or in the sale of any land, material, supplies or services to the town or to a contractor supplying the town shall make known that interest and shall refrain from voting upon or otherwise participating in his capacity as a town (officer) Councilor, Board Member or employee in the making of such sale or in the making or performance of such contract. Any town (officer) Councilor, Board Member or employee who willfully conceals such a financial interest or willfully violates the requirements of this section shall be guilty of malfeasance in office or position and shall forfeit his office or position. Violation of this section with the knowledge express or implied of the person or corporation contracting with or making a sale to the town shall render the contract or sale voidable by the town manager or the town council.

I am making this point because I was informed by someone (after the election) that it would be a “conflict of interest” to continue my job as web designer for the Town of Dexter that I have been doing since 1997, (with no complaints) and also be on the Town Council, and we needed to talk about it.
If I would be forced to give up the website (DexterMaine.org), it would be like cutting off an extension of myself as well as making it a financial burden.

Five years ago when papers were taken out by current council member Dean Thompson on my behalf, I was concerned that my position on the Development Corp. or my job as web designer would be in jeopardy.
Former town manager Bob Simpson researched and found that Dexter Regional Development Corporation was not an issue due to it being a separate entity and not part of town government.
He also assured me that he found that it was not a conflict for me to continue with the website as long as I did not vote on my yearly pay during budget time or keep it a secret.

Upon the evidence found, I made the commitment to run for Town Council and sat on the council for 3 years, and I did refrain from voting when it seemed to be a conflict, as other council members continue to do.

So I ask you, is it a conflict of interest that the candidate you chose to represent you on the Town Council or people that serve you on other boards, be ineligible to provide products or services for the town? And if I am ineligible, are all the other people who provide services also banned from serving their community?

I hope that the people that are serving you are capable and honest human beings and will abstain from voting on issues if they feel that it will be a “conflict of interest”.

Please let me know your thoughts.
Thanks,
Judy

4 comments:

Anonymous said...

This article seems to be clear and to the point.
It is exactly as I might have written it.
I see no other way that any town could be run.

I would not want to live anywhere that the Town is run by non workers.

Anonymous said...

I completely understood the language and feel that it is straightforward and fair.
Whoever is causing, or initiating the problem, I suppose, is just trying to be a control freak and can't read very well or is just plain ignorant.

Maybe the matter should be brought up at a council meeting and the language be reinterpreted.

Anonymous said...

I guess the reason the local citizens are confused about certain town policy situations is that the town officials have been advised by their lawyer to not speak about any personnel issues in public. Personnel matters are private and protected by law. Everything the town has done so far is legal according to the town attorney.
In January,I am sure, the council will consult their attorney once
more regarding the conflict of interest issue.

Anonymous said...

Rumor has it some council is looking over budget items and see a 240% overspending $5,600 on lawyers 4 months into the budget year. And you want more lawyers ?