DUNBARTON ETHICS COMMITTEE

Minutes of Meeting

1 May 2003

 

 

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

Absent:  Scott Ives (work commitments)

 

Meeting was called to order at 7:30 PM.

 

Brett moved, and Jackie seconded, that we accept the minutes of the Public and Non-Public meetings held on 27 April 2003.  Unanimously approved.

 

Nick then presented a brief memo, disclosing his personal contacts with a Complainant to the Ethics Committee.  Jackie presented a similar memo, disclosing her personal contacts with a Respondant named in several complaints.  The Committee does not believe that either situation requires the members of the Committee to recuse themselves, but we will disclose this information and discuss it at our May 13th Pre-Hearing, which allow the parties involved to voice their opinions and any concerns they may have.

 

Nick presented a draft of the Rules regarding the Conduct of Hearings.  Nick moved acceptance, seconded by Jackie, and they were unanimously approved.  (Attached.)

 

Nick presented a recent NH Supreme Court decision which addresses the issue of Public and Non-Public sessions.  Nick then moved, seconded by Jackie, that we apply the three-prong test in this written decision when determining whether or not an Ethics matter should be discussed in Non-Public session.  Unanimously approved.

 

We then discussed the current Complaints in light of the three-prong test.  We determined that the privacy interests of another individual named in the complaint tipped the scales in favor of some information being redacted and/or Non-Public sessions being held as appropriate.  Input on this discussion was given by several residents of Dunbarton, Alan Rockenbach and Chuck Williams, who were in attendance.

 

8:15 PM, Nick moved, seconded by Jackie, that the Committee go into Non-Public session for the purpose of discussing redaction/synopsis of the complaints.  Voting yes:  Nick, Jackie, Brett, Gayle.

 

8:40 PM, Jackie moved, seconded by Nick, that the Committee close the Non-Public session.  Voting yes:  Nick, Jackie, Brett, Gayle.

 

8:40 PM, Brett announced that the Committee was back in Public session and that no decisions had been made, or votes taken, during the Non-Public session.

 

Nick moved, seconded by Gayle, that all parties receive redacted copies of the complaints as soon as possible, along with a letter that included the amended rules and reiterated the dates scheduled for the Pre-Hearing Conference and the Hearing.  Unanimously approved.

 

Nick moved, seconded by Jackie, that the Committee extend an invitation to the Respondant to meet with us in Non-Public Session, at a time and place that is mutually convenient, to read the un-redacted complaints, under the restriction that the Respondant agree to not further disseminate the unredacted information.  Unanimously approved.

 

The Committee agreed on the following sequence of events, with input from Dunbarton resident, Donna Dunn:

 

v     5/13 – Pre-Hearing Conference, at the Dunbarton Elementary School

§         Meet with all parties

§         Discuss expectations of conduct at the hearing

§         Narrow the issues, if possible

§         No evidence will be presented

§         Explain the outline of the hearing and proper/improper ways of questioning those who testify

§         Discuss whether the formal Hearing should begin earlier than 7:30 PM.

 

v     5/22 – Hearing

§         Public session, based on redacted complaints

§         Brief opening statements by both sides, if desired                      

§         Complainants will present their case

§         Respondant question/cross-examine Complainants

§         Respondant present case

§         Complainants question/cross-examine Respondant

§         Committee members may ask questions or request clarification at any time

§         Closing statements (summations) by both sides, if desired.

§         Public deliberation by the Committee

§         Written decision issued by the Committee

 

Nick and Brett will collaborate to write and mail letters to all parties.

 

Dunbarton resident Alan Rockenbach questioned the purpose of having the Respondant read the full complaints since the information cannot be brought up in the Public Hearing.  The Committee responded that this allows the Respondant to more fully understand the nature of the charges, and to respond appropriately to the Complaints.  In addition, it gives the Respondant the opportunity to challenge the Committee’s decision to redact the Complaints and/or to discuss some items in Non-Public session.

 

Nick moved, seconded by Jackie, that we adjourn.  Unanimously approved.

 

Meeting closed at 9:07 PM.

 

Respectfully submitted,

Gayle Troy for the Committee

 

Next meetings (to be posted by Brett):

            May 12 – 7:30 PM – Mock Hearing

            May 13 – 7:30 PM – Dunbarton Elementary School, Pre-Hearing Conference

            May 22 – 7:30 PM (time may change) – Formal Hearing