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Tuesday, November 29, 2011

The Facts For The Ethics Panel Hearing Regarding Councilor Michael Bowie

Laid out for ALL to see and draw their own conclusions from

Lisbon Ethics Panel
300 Lisbon Street
Lisbon, ME  04250

Dear Ethics Panel

I wish to bring to your attention Councilor Michael Bowie’s participation in the Androscoggin County Consolidation Communication Center project.  I believe Councilor Bowie’s action is a conflict of interest and malfeasance of office.

BACKGROUND:  In January 7, 2009, the Ethics Panel prepared and submitted to the Town Council an advisory recommendation. (See Enclosure 1)  In the Ethics Panel comments it states “The fact that a Councilor’s spouse is an employee of the town does present a conflict of interest regarding the spouse’s salary.  Councilor Bowie has abstained in the past, when the salary line was voted on.  The Panel’s recommendation supports this action as appropriate.”

On December 7, 2010, Council Bowie was the deciding vote on whether or not to hold a Public Hearing on Council Bowie’s recall.  I understand the error was discovered too late because the Public Hearing had been held but there is no way Councilor Bowie should have been allowed to vote on this motion.  (See Enclosure 2)

PRESENT:  On September 27, 2011, Councilor Bowie spoke to the entire Town Council on the issue of the Androscoggin County Consolidation Communication Center. (See Enclosure 3) 

On October 26, 2011, Councilor Bowie spoke at Chief Brooks’ presentation on the Androscoggin County Consolidation Communication Center before the Androscoggin County Commissioners.

On November 1, 2011, Councilor Bowie spoke to the Town Council pertaining to the Androscoggin County Consolidated Communication Center.  I called for a “Point of Order” and explained to the council Councilor Bowie’s wife involvement in the Lisbon Communication Center.   I provided a copy of Mrs. Bowie’s job description outlining her duties with the Communication Center to the Town Council.  (See Enclosure 4)  The Town Council totally ignored my point of order and allowed Councilor Bowie to speak on the Consolidation of Communication Center.  The video should be posted to the town web site.  I have no idea when the minutes of the meeting will be approved.

DISCUSSION:  These recent incidents of Councilor Bowie’s participation in the discussion of Androscoggin County Consolidation Communication Centers are a clear violation of Chapter 12 Section 12-2 Definitions.  The definition of Conflict of Interest:  “The term “Conflict of Interest” means a situation where a public official cannot participate in a matter because of a personal relationship, financial involvement, or other situation that would cause a reasonable person to believe that the public official cannot act in his or her official capacity without self-interest or bias.”  Councilor Bowie’s wife job description at Enclosure 4 outlines her involvement in the Dispatch and Communication Center of Lisbon.  Mrs. Bowie’s salary is directly determined by duties she performs in the Lisbon Police Department and since a large portion of her job description involves the Communication Center; a consolidation would increase her salary by taken on more responsibility or would decrease if the Lisbon Communication Center is consolidated with either the Androscoggin Sheriff’s Office or Lewiston/Auburn 911Center.  Councilor Bowie’s financial interest in this project constitutes a conflict of interest.

The definition of Participation in a matter states “The term “participation in a matter” means action by a public official to vote, decide, deliberate, influence or direct others regarding matters currently before, or anticipated as coming before, a municipal board, committee or commission or which involve the operation of municipal government or the school system.  As stated above, Council Bowie’s participation in any discussion pertaining to the Androscoggin County consolidation of Communication Centers is a direct violation of this section because Councilor Bowie’s wife’s involvement in the Lisbon dispatch and communication center.  Her duties determine her salary and therefore constitute a conflict of interest.

In accordance with Section 9-03 Conflict of Interest Councilor Bowie is guilty of malfeasance of office because prior to speaking out on September 27, 2011, October 26, 2011 and November 1, 2011, Councilor Bowie did not reveal his financial interest.  Paragraph 9.03 states “Any such person who willfully conceals said financial interest or that of his or her spouse, or willfully violates the requirements of this section shall be guilty of malfeasance in office or position and shall forfeit the same.”  Since Councilor Bowie made no attempt to explain his wife’s involvement in the Dispatch and Communication Center prior to speaking constitutes malfeasance of office.  I am sure everyone in the audience was aware Mrs. Bowie works for the Lisbon Police Department but I am sure no one understood Mrs. Bowie’s involvement in the Dispatch and Communication Center.  By not divulging this information to the audience first, Councilor Bowie committed malfeasance of office.   Once the Androscoggin County Commissioners make a final decision, Lisbon will have to enter into contractual agreements.

SUMMARY:  This is not the first time the Ethics Panel has had to make an advisory recommendation on conflict of interest pertaining to Councilor Bowie.  It would appear Councilor Bowie does not understand what constitutes a conflict of interest and malfeasance of office.  Respectfully, request the Ethics Panel render yet another Advisory Recommendation to the Lisbon Town Council pertaining to Council Bowie’s latest conflict of interest and malfeasance of office.

Respectfully, request a copy of the Ethics Panel’s Advisory Recommendation.

                        Thank you,




                        Larry A. Fillmore





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