Ethics & Conflict of Interest Issues Regarding the Lisbon Town Council

Town of Lisbon

Ethics & Conflict of Interest Issues
Regarding the
Lisbon Town Council

Lisbon Code of Ordinances

According to the CODE OF ORDINANCES for the Town of LISBON, MAINE Codified through Town Meeting of April 1, 2008, you are aware of the code of ordinances regarding Ethics & Conflict of Interest
Source: Municipal Code, aka municode.com (http://www.municode.com/resources/gateway.asp?pid=13348&sid=19)

Ethics and Conflict of Interest Section 12-1. Statement of Policy

It is the policy of the Town of Lisbon that the proper operation of democratic government requires that public officials be independent, impartial and responsible to the citizens; that public office not be used for personal gain; and that the public have confidence in the integrity of its municipal government. The purpose and intent of this article is to promote the objective of protecting the integrity of the government of the Town of Lisbon against actual or reasonably perceived conflicts of interest without creating unnecessary barriers to public service.

This article shall not prevent the town council, the school committee, the town manager, or the superintendent of schools from adopting additional procedures and employment standards intended to prevent the exercise or appearance of improper influence or bias in the conduct of government business.
(T.M. of 5-15-2007, § 2007-067)

Section 12-2. Definitions

As used in this article, the following terms shall have the following meanings:

-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.

-Financial involvement. The term "financial involvement" means any existing (or current efforts toward achieving) ownership or investment interest, contract right, significant customer relationship, or employment relationship, of or with a public official or a person with whom the public official has a personal relationship.

-Municipal board. The term "municipal board" means the Lisbon Town Council, the Lisbon School Committee, the Lisbon Planning Board, the Lisbon Board of Zoning Appeals, and the Lisbon Board of Assessment Review.

-Participation in a matter. 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.

Section 12-2. Definitions (cont.)

-Personal relationship. The term "personal relationship" means any family, affectional, or social relationship that is characterized by one or more of the following:
-a. Persons who are husband and wife, or parent and child;
-b. Persons who share an ongoing physical intimacy with each other;
-c. Persons who acknowledge an ongoing romantic relationship with each other;
-d. Persons who live together in the same residence;
-e. Persons who intermingle their financial assets without an accounting of separate ownership interests.

-Public official. The term "public official" means (1) any person holding an elected or appointed position with a municipal board, committee, or commission; (2) the town manager; (3) directors of municipal and school system departments; (4) the town finance director; (5) the superintendent of schools; (6) school principals; (7) any person designated as a town officer or official under state law; (8) employees.
(T.M. of 5-15-2007, § 2007-067)

Section 12-3. Ethics Panel

-(a) Establishment of ethics panel. There shall be established an ethics panel consisting of three regular voting members and two alternate members. Two regular voting members and one alternate member of the ethics panel shall be appointed by the town council, and one regular voting member and one alternate member of the ethics panel shall be appointed by the school committee. A regular voting member or alternate member of the ethics panel may not hold any other town or school department office or position or be a member of any board or commission to which the town council or school committee have appointing authority.
(T.M. of 5-15-2007, § 2007-067)

Adoption of 2008-2009 Municipal Budget Resolution

VOTE (2008-83-1) Councilor Bowie, seconded by Councilor Smith moved to adopt the following resolution:
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF LISBON AS FOLLOWS:

-That the Municipal Budget for the Town of Lisbon for the fiscal year commencing on July 1, 2008 and ending on June 30, 2009 be and hereby is adopted with a total expenditure of $7,404,797 balanced with a total of $3,466,540 in estimated revenue.

-Mr. Eldridge mentioned the LD1 overage account number 1221 and pointed out this budget would use $300,000 to offset taxes. He said this year purchases need to be coordinated around the tax due dates.
-Resolution passed – Vote 4-3. (Against: Henry, Crafts, and Mason)

VOTE (2008-83-2) Councilor Bowie, seconded by Councilor Wells moved to exceed the Tax Cap Limit by $1,030,000.00. Order passed – Vote 4-3. (Against: Henry, Crafts, and Mason)
(Source: Town Council Special Meeting Minutes of 5/27/08)

Conflict of Interest #1

-Town Councilor, Mike Bowie, is married to Town of Lisbon Police Department Employee, Denise Bowie.

-This is a direct violation of Lisbon Town Code Ordinance, Section 12-4, Conflicts of Interest

-(a) Standard of conduct. A public official shall refrain from participation in a matter when there exists an actual, potential or reasonably perceived conflict of interest.

Conflict of Interest – Mike Bowie

-(d) Referral. When a public official does not voluntarily refrain from participation in a matter and there is a question as to the existence of a conflict of interest, the matter may be referred to the ethics panel for its advisory opinion.

-Have you established an ethics panel?

-If not, you are again in violation of the codes.

Conflict of Interest – Mike Bowie

-Town Councilor Mike Bowie voted on 5/27/08 in favor of the following:

-That the Municipal Budget for the Town of Lisbon for the fiscal year commencing on July 1, 2008 and ending on June 30, 2009 be and hereby is adopted with a total expenditure of $7,404,797 balanced with a total of $3,466,540 in estimated revenue.

-This budget included a significant increase in the police department budget where his wife is an employee hence a CONFLICT OF INTEREST

Conflict of Interest – Mike Bowie

The municipal budget passed 4-3

Bowie, Wells, Smith, & Larochelle FOR

Crafts, Henry, & Mason AGAINST

Which leads to the second CONFLICT OF INTEREST ISSUE

Conflict of Interest #2

-Town Councilor Fern Larochelle owns a body shop in Lisbon Falls

-Larochelle is paid by the Town of Lisbon to make repairs to police cruisers and buses

-Larochelle is dispatched by the police department for wrecker services as well

-This, too, is a direct violation of Lisbon Town Code Ordinance, Section 12-4, Conflicts of Interest

Conflict of Interest - Larochelle

-a) Standard of conduct. A public official shall refrain from participation in a matter when there exists an actual, potential or reasonably perceived conflict of interest.

-d) Referral. When a public official does not voluntarily refrain from participation in a matter and there is a question as to the existence of a conflict of interest, the matter may be referred to the ethics panel for its advisory opinion.

Conflict of Interest - Larochelle

-Town Councilor Fern Larochelle voted on 5/27/08 in favor of the following:

-That the Municipal Budget for the Town of Lisbon for the fiscal year commencing on July 1, 2008 and ending on June 30, 2009 be and hereby is adopted with a total expenditure of $7,404,797 balanced with a total of $3,466,540 in estimated revenue.

This budget included a significant increase in the police department budget which directly benefits him as a business owner in the Town of Lisbon hence another CONFLICT OF INTEREST

Conflict of Interest – Larochelle

-The municipal budget passed 4-3 (Four to Three)

-Bowie, Wells, Smith, & Larochelle FOR

-Crafts, Henry, & Mason AGAINST

What Do We Want?

-We want an ethics panel established per the code.

-We want the conflict of interest issue pertaining to both Town Councilor Mike Bowie and Fern Larochelle addressed.

-We want the current 2008-2009 budget halted and readdressed due to the conflict of interest issues with the police department.

-This year’s budget was not handled appropriately or ethically and we want it done over.

-And, this time we want the Advisory Board and the citizens of Lisbon involved at all levels.

LISBON TOWN CHARTER
ARTICLE IX
GENERAL PROVISIONS

9.03 Conflict of Interest.

If any elected or appointed officer, official, employee, or the spouse of any such person, has a substantial financial interest, direct or indirect, in any contract with the Town or in the purchase or sale of any land, material, supplies, or service to the Town or to a contractor supplying the Town, that person shall make known that interest and shall refrain from voting or otherwise participating in his or her capacity as an elected or appointed officer, official, or employee in making any such purchase or sale or in making such contract. 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. Any contract made in violation of this section shall be voidable by the Town.

Members of the Lisbon Advisory Board