A News Miscellany
In Bellingham, Massachusetts, according to <a href="http://www.milforddailynews.com/news/x676814177/Moderator-says-he-quit-…; target="”_blank”">an
article in the Milford Daily News</a>, a town meeting moderator whose
firm was also town attorney resigned as moderator when his firm was
replaced as town attorney. He did this, he said, not out of spite, but
because he would now represent clients before town boards and
commissions, and this would conflict with his position as moderator.<br>
<br>
But isn't there a more serious, ongoing conflict between being moderator of the town's
legislative body and attorney for the town's executive body, the board
of selectmen?<br>
<br>
After all, it would be unusual for his clients or their interests to come before a town meeting. But executive-legislative disputes over the budget, additional appropriations, and proposed ordinances are central to town meetings.<br>
<br>
In addition, his town government clients often speak
before the town meeting. How can their attorney be seen as treating
them fairly, especially when there is a dispute between them and
members of the town meeting? And what if these town officials need the town attorney's advice during the town meeting?<br>
<br>
I feel that a town attorney should never be town meeting moderator.<br>
<br>
According to <a href="http://www.news-daily.com/Main.asp?SectionID=2&SubSectionID=2&ArticleID…; target="”_blank”">an
article in the Clayton (GA) News Daily</a>, the Clayton County board of
education censured one of its members for an alleged conflict of
interest even though there is an ethics board for the school system.
And the conflict itself is questionable. A newly elected (or
appointed?) board member, an attorney, had represented someone in a
suit against the school board. But the case was dismissed very soon
after his membership began, and before he attended his first meeting,
and he insists he did nothing for the client after he became a member.
It sounds like he dealt with the conflict responsibly, and that the
censure -- both unnecessary and outside the board's jurisdiction -- was
purely political. Not a very welcoming school board.<br>
<br>
And in Cumberland, Maryland, according to <a href="http://www.times-news.com/local/local_story_281091302.html" target="”_blank”">an
article in the Cumberland Times-News</a>, two planning and zoning
commission board members were found to have a conflict of interest with
respect to a development. But one of them had a conflict because his
real estate firm represented properties owned by the developer. The
same thing happened with another matter before the board. People with
ongoing conflicts might have useful expertise, but they cannot
effectively represent their constituents because they are unable to
vote on too many matters. This is where an ethics code provision on
continuing conflicts can be useful, something like the following:<br>
<br>
<div>An official or employee may not have an
interest that will create a continuing or frequently occurring conflict
with his or her government obligations.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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