Waterford Ethics Commission reports RTM review of proposed ordinance changes, debates role of Advisory Opinions

Chair Betsy Ritter and Commissioner Alan Messier told the Waterford Ethics Commission on July 7 that they had met with the RTM Legislation and Administration Standing Subcommittee on June 14 to review three proposed changes to the town's ethics ordinance.

The subcommittee considered questions about how the ordinance treats mutual respondents, whether penalties are appropriate, and whether the ordinance should include explicit confidentiality language. Members of the subcommittee expressed differing views: some agreed that penalties could be appropriate, while others did not favor penalties and were reluctant to add confidentiality language to the ordinance as written. Commissioners said it may not be possible to draft language that anticipates every future circumstance and that the Commission's judgment will continue to be necessary in individual cases.

Commissioner Cathy Patterson raised concerns about how the ordinance defines conflict of interest and what constitutes a 'substantial gain.' Mr. Messier said the subcommittee acknowledged the need to clarify those definitions. Some participants at the subcommittee meeting told the commission that they preferred relying on the Town Attorney's opinion; others argued that a separate Advisory Opinion should be discarded. The commission's report states that, for now, it will "continue to operate as normal without an Advisory Opinion."

Commissioner James Wolfley asked how the town would handle a single complaint versus two separate complaints when one complainant wanted matters made public and another did not. Chair Ritter noted that under the current ordinance any respondent may request that a complaint be made public, and Mr. Messier said different standards may apply depending on the office or position involved.

The subcommittee did not present a final plan for the Commission's next steps, and commissioners said they expect further consideration by the RTM before any ordinance changes are finalized. Commissioner John Scimone said he will provide sample ordinances from other towns to help the Commission and subcommittee compare options.

The commission did not take formal action on ordinance revisions at the July 7 meeting; members described the RTM meeting as a fact-finding and discussion step.