Dunbarton Ethics Committee Meeting Minutes

13 November 2003

Present: Gayle Troy, Nick Holmes, Scott Ives, Brett St. Clair, Jackie Kennedy

Co-chairman Nick Holmes called the meeting to order at 7:35 pm.

Motion to accept the minutes of the October 23 meeting was made by Gayle and seconded by Jackie, motion passed.

Following the agenda for the meeting:

Preliminary review of ethics complaints filed on October 20, 2003 regarding JR Swindlehurst:

1. Nick explained item (a) use of recording devices - that we only take minutes by hand and that tonight Jackie would be taking the minutes.

2. Disclosures; Nick began by stating that he personally knew the complainants and the respondent and that this would not interfere with any decisions he had to make. That he could remain impartial. Brett, Jackie and Gayle also stated that they in some way knew all the parties and that they could remain impartial. All of the above asked the complainants and the respondent if they had any problem with them hearing these complaints. The parties indicated they had none. Scott Ives stated that he knew the respondent too well and that he would have to recuse himself, the board accepted this and Scott left the meeting.

3. Nick moved to have all the complaints consolidated into a single procedure; a vote in the affirmative was taken.

4. Determination of whether the complaints meet the requirements of the Ethics Code; ascertain whether the group can prove their allegations. JR was asked if he understood that for the sake of argument all allegations against him are assumed true. JR was asked if he wanted the committee to wait until his attorney was present. JR said no that we should precede.

5. Nick wants to make sure that the committee understands all of the allegations and that there are four listed in the complaint.

1. August 2001 JR voted for the hiring of Woody Bowne when he should have recused himself from the vote? Brian Little - agreed; John Colter - agreed.
2. JR has let Woody Bowne leave the Transfer Station to attend fires and EMT calls? Brian Little – not sure John Colter – not sure
3. JR improperly authorized Woody Bowne the use of the Transfer Station pick up truck?

Brian Little - not sure, John Colter – agreed

4. As a selectman JR continues to vote where Woody is concerned.

Brian Little – agreed, John Colter – agreed

Nick asked the complainants to review the Code of Ethics. Stated in Section IV D. Complaints, top of page 11, “When signing the complaint, the complainant shall certify that he or she has read the Code of Ethics, that they believe the matter within the complaint is a fair subject of inquiry, and they have exhausted all other avenues of relief available to them within our town government”.

Nick asked if relief was sought on Complaint 1? Brian answered two selectmen are mentioned in this section and he feels he could not go to just one about this issue. John agrees as well.

Nick asked if relief was sought on Complaint 2? Brian answered; he wouldn’t know where to start. John Colter answered that the selectmen are his (Woody’s) boss.

Nick asked if relief was sought on complaint 3? Brian answered not to the selectmen, John answered not to selectmen.

Nick asked if relief was sought on complaint 4? Brian answered, not to the selectmen, John answered not to the selectmen.

Nick asked when both parties were aware of the vote taken on the hiring of Woody Bowne? Brian answered on that day; John answered, on the following day. Asked why they did not bring this issue before the board long before this? Brian answered that he did not feel he had enough evidence. John answered that he waited until he no longer worked for the town to come forward.

The committee then discussed the merits of the four issues. All were in agreement that these complaints should be brought to the selectmen before coming to the Ethics Committee. Item 1 - that we not consider it. Two years have passed since alleged misconduct, the original selectmen are no longer sitting. A lengthy delay such as two years can adversely affect a respondent’s right to due process and fundamental fairness (for example, in this case les Hammond has moved to California) and the complainants did not have a strong reason to delay bringing the allegation for more than two years. As to the other 3 complaints the committee remands them back to the selectmen.

The letter received from the selectmen was put aside since the complainants had not exhausted their administrative remedies and the committee had decided not to proceed.

Request for meetings to be changed to the 4^th Tuesday of the month were put on hold as not everyone can make Tuesdays. For now the meetings will continue on Thursday and some training sessions may take place on other evenings.

The next scheduled meeting of the Ethics Committee is 18 December.

Scott participated in a panel discussion on ethics at the NH Municipal Association meeting – thank you Scott.

The meeting was opened up to questions from attendees. JR pointed out that the envelope he received did not have a return address on it. Brett explained how we send out our mail via postal tracking.

Woody Bowne indicated that he too was a victim; although the complaints were directed at JR his name was used throughout the complaints. He felt that he too should have been officially notified of the complaints.

Since agenda items were completed, the committee decided to take this opportunity to discuss some of the concerns raised during the meeting:

1. The committee will use certified mail as well as postal tracking when sending out official mail.
2. The committee will reserve the right, on a case-by-case basis, to determine who receives copies of the complaints if an individual has been identified in such a complaint.
3. The committee will discuss at a future meeting exploring a statute of limitations on complaints.

The committee engaged in a general discussion about the different methods by which people could make disclosures of their relationships to other people who might be impacted by their decisions.

Brett moved to adjourn the meeting, seconded by Nick – motion carried.

Adjourn at 8:50 p.m.

Respectfully submitted,

Jackie Kennedy