TOWN OF DUNBARTON

Ethics Committee

Minutes of Meeting

24 April 2003

 

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

Absent:  Nick Holmes (traveling out of state)

 

The meeting was called to order at 7:30 PM, at the Town Office.

 

Jackie moved, and Gayle seconded, that the minutes from our meeting of 27 March 2003 be approved.  Unanimously approved.

 

Gayle moved, and Jackie seconded, that Brett and Nick be elected as Co-Chairs of the Committee for 2003.  Unanimously approved.

 

Discussion regarding whether the Ethics Committee could or should go into Non-Public (Executive) Session when discussing Ethics Complaints.  Comments were given by Dunbarton residents Donna Dunn, Deborah Auger, Judy Petersen, and Alan Rockenbach, along with discussion by the Committee members.

 

The Committee agreed that we would consult with the NH Municipal Association for a legal opinion about whether hearings can (or should) be held in Executive session.  The Committee also agreed that generally Committee sessions to determine whether a complaint meets the criteria written in the Code of Ethics would be held as Executive (Non-Public) Sessions.

 

Scott made a motion, seconded by Jackie, to go into Executive (Non-Public) Session to discuss several complaints received by the Committee.  Scott, Jackie, Brett, and Gayle voted approval of this motion, and the Committee went into Executive Session.

 

Scott moved that the Committee come out of Executive Session, seconded by Jackie.  Scott, Jackie, Brett, and Gayle voted approval.  Brett announced that the Committee was back in Public Session, and that no votes were taken during the Executive Session.  Further, Brett noted that the proceedings of the Executive Session would remain confidential.

 

Scott moved, seconded by Jackie, that the records of the Executive Session be sealed until the first Committee meeting after we have consulted with the NH Municipal Association.  Unanimously approved.

 

Gayle moved, seconded by Brett, that the Committee determine that the received complaints be consolidated into one complaint, and that the complaints be considered to be within the scope of the Ethics Code.  Unanimously approved.

 

Gayle moved, seconded by Jackie, that Brett contact the NH Municipal Association regarding interaction with another Town Resident mentioned in the Complaints (not the Respondant) and regarding the issue of holding hearings in Executive Session.

 

Our next meeting is scheduled for after Brett has consulted with the NH Municipal Association, possibly as early as May 1st.  Brett will schedule the meeting after he has accomplished this task, and will ensure that the meeting is properly posted.

 

Another meeting will be held on Monday, May 12, 2003, to discuss the next steps that need to be taken, and to hold a Mock Hearing.

 

On May 13th, we will hold a pre-hearing conference.

 

On May 22nd, we will hold a Hearing on the complaints that were received tonight.

 

Nick will draft a letter to the Complainants and the Respondant.  We will also send a copy of the same letter to another Town Resident whose name is mentioned in the Complaint (not as a Respondant).

 

Brett called Committee Co-Chair Nick Holmes and outlined what occurred during the meeting, and requested Nick’s advice on the sequence of events and our scheduling of events.

 

Gayle moved, seconded by Jackie, that another Complaint, forwarded to us by the Town Administrator, is not currently a valid Complaint.  Unanimously approved.  Brett will send a letter to the Town Resident, explaining that action.

 

Jackie moved adjournment, seconded by Gayle.  Unanimously approved.  Meeting adjourned at 9:45 PM.

 

Respectfully Submitted,

Gayle Troy for the Committee