Claims of Ethics Violations Fly at Town Hall

The agenda for Monday's regular Town Council meeting was run-of-the-mill. Town Manager Peter Souza set the mill rate. There was a report on improvements to the town's emergency management resources. The Friends of Northwest Park gifted nearly $27,000 to the town. But it was discussion outside of specifically planned items that raised eyebrows, perked up ears and caused one council member to suggest the governing body commission an internal ethics investigation.

Multiple residents addressed the Town Council, expressing concerns with what they perceive to be inappropriate or illegal conduct carried out by members of the Town Council or other town commissions.

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"Some elected officials have stretched the standards or bent the rules by making both public and private statements that have appeared as an attempt to influence voting," said former Board of Education president Rosemarie Miskavitch, a Poquonock resident. "The appearance of these possible improprieties is totally unacceptable and should not be tolerated."

Miskavitch's comments followed those made by Jane Mansur, Dennis Cicero and Bill Generous, each of whom called into question the manner in which residents have been treated by town council members, specifically during the Dollar Tree approval process.

"It is one thing to make an unpopular decision," said Generous. "It is another to use words to disrespect an area."

Mansur addressed the council, citing a number of actions taken by council members or the Town Planning and Zoning Commission that she said violate town code.

"Various actions by certain governing individuals have caused me to ask several questions related to processes and ethics," Mansur told council members Monday.

Among her questions and complaints were:

• The legality of altered time allotted to citizens wishing to address the Town Planning and Zoning Commission.
• The legality of procedure deviating from that expressed in a Town Planning and Zoning Commission meeting agenda.
• The legality of legal counsel provided to Town Planning and Zoning Commission Chair Anita Mips during a public meeting, but not made public.
• The time frame commission or board members are given to review materials upon which their decisions are based.
• Town Council members "violating the Windsor Town Charter and the Windsor Code of Ethics"

While Generous addressed his comments about council members' conduct to Deputy Mayor Simon (D) and council member William Herzfeld (D), saying they "should pay more attention to the model behavior of town councilors (Randy) McKenney (D) and (Jody) Terranova (D)," Mansur's comments focused on Simon and actions taken prior to the budget referendum on May 15.

Mansur alleged that Simon violated the Town Charter and Code of Ethics when he e-mailed members of the community involved in Little League and high school baseball, encouraging them to vote.

Mansur presented Council members with a copy of an e-mail, dated May 15, in which Simon wrote:

Sorry to interrupt this message. But wanted to remind you all to vote YES today for the budget. Polls open til [sic] 8 p.m.

There is money in the budget for 3 baseball related items: 1) Varsity field improvements 2) Welch park concession stand improvements and 3) continued Ellsworth field improvements.

All levels of Windsor baseball will benefit, and hopefully, it is just a beginning.

The 2013 budget does make reference to planned improvements to recreational facilities in the town's Capital Improvement Program, including funds for "Athletic Field Planning" at the landfill, and on town and school properties. Renovations to the field at L.P. Wilson. were also budgeted for.

Mansur said Simon's actions violated the Town Charter and Code of Ethics, referring to a similar items in both documents that forbids any town official from soliciting any favor or service for any person... "which would tend to weaken public confidence in the recipient or present a temptation which might undermine the officials' or employees' unselfish devotion to the public interest."

The residents weren't alone in their concerns.

Council member Donald Jepsen (R) said "I've had concerns about this for a while... maybe during our next meeting we can have an agenda item where we discuss actually hiring an investigator."

When pressed by Simon to elaborate on his concerns, Jepsen added "I've focused my thoughts in this just on the abatement. That's all that was before this. As you know, I voted against it...

"There are enough concerns when you have a former president of the Board of Ed. comes before us and says there's a loss of confidence in the town. That concerns me... I think those concerns should be addressed in some venue."

Council member Lisa Boccia (R) also supported those who addressed the council, urging its members to follow through on providing answers to the residents' many questions.

Simon was seemingly taken aback by Jepsen's call for an investigation, saying "This is the first I've ever heard you mention anything like this."

"People actually expressed confidence in our town last week, but some aren't happy with that," Simon continue, referencing the town's budget referendum in which residents voted to approve the Council's adopted budget.

According to Town Manager Peter Souza, it's the council's decision to decide how to move forward and address the claims made by residents, but a written complaint submitted to the council would be reviewed by the Board of Ethics.

Mayor Don Trinks said the council would not address the posting practices or conduct of the Town Planning and Zoning Commission because they are "beyond our purview."

Miskavitch reminded council members of the importance of confidence in public officials, quoting John F. Kenndy, who, in an address to Congress, said maintaining ethical behavior in both reality and in appearance is the fundamental responsibility of government, because public confidence is "the basis of effective government."