The Register Citizen (Torrington, CT)
Ethics board: Officials acted properly
Complaint filed by applicant for health center plan
WINSTED » The Board of Ethics ruled this week that four members of the Planning & Zoning Commission did not act improperly in considering an application by Community Health & Wellness of Greater Torrington.
George Closson, Barbara Wilkes, Art Melycher, and Lee Thomsen were previously accused of
having a conflict in voting on or considering the application, which would have allowed the wellness center to purchase and move into the Super Saver building on Main Street. The claim cited the commissioners’ alleged current or past ties to the Winsted Health Center.
Former Super Saver owner John Dwan brought the complaint against the four members, claiming that the commissioners violated portions of the town’s Code of Ethics pertaining to impartiality and conflicts of interest in considering the application.
The Winsted Health Center is the landlord of the wellness center’s current Spencer Street location, and, according to a corresponding lawsuit, would have stood to benefit from having the application rejected, as the wellness center could be forced to spend more than $1 million in grant funding on their current offices.
Closson is currently a member of the Winsted Health Center Board of Directors, while Wilkes and Melycher were members in the past. All three voted to deny the application, which was rejected 3-2 in April.
Thomsen is the “life partner” of Charlene LaVoie, according to the lawsuit. LaVoie is listed as the agent of the health center in state documentation. Thomsen did not vote on the application, but participated in the surrounding discussion.
Ethics board members ruled Tuesday that the four zoning commission members did not have a financial conflict of interest in considering the application, and that a claim under the “impartiality” clause of the town Code of Ethics could not be substantiated.
The Board of Ethics’ purview is limited to considering financial conflicts of interest, according to a statement from the group Tuesday.
Section 7c of the code does note that officials shall not “agree to render for compensation or otherwise any service to any person or party other than the Town in connection with any cause, proceeding, application or other matter which before any Town agency.”
“After inquiry and evidence presented, the commission has determined that neither Mr. George Closson, Ms. Barbara Wilkes, Mr. Art Melycher, Mr. Lee Thomsen, had any financial conflict of interest within the meaning of code. Further, there is a specific state statutory provision that exempts who serves without compensation in non-profit organizations,” said board member Anita Garnett, as she read a statement from the commission aloud. “Although the complaint alleges (a violation of) impartiality, there was no evidence to support.”
The state statute in question is 1-85, according to the commission. It notes that an official has a conflict if they or a business with which they are associated “will derive a direct monetary gain or suffer a direct monetary loss, as the case may be” through their action. If the benefit in question does not exceed that available to other members of the profession or group, according to the statue, there is no conflict.
Closson said that the news was “not a surprise, really,” when reached Wednesday.
“I never thought I had a conflict of interest,” said Closson.
Wilkes and Thomsen declined to comment on the development Tuesday and Wednesday, respectively.
Melycher and Community Health & Wellness CEO Joanne Borduas could not be immediately reached for comment Wednesday.
Dwan said Wednesday that he believed it would have been difficult for the Board of Ethics to rule against the volunteer board members, but that he had brought the complaint with hopes of making a point — giving the Board of Ethics the chance to let residents know they have a voice. The board’s ruling took a narrow view of the situation at hand, he said.
“There was an opportunity missed here,” said Dwan.
The issue will likely go on into the court system at this point, Dwan said, as the lawsuit filed by Community Health & Wellness, which he has joined, winds on.
Dwan said he has a contract with Community Health & Wellness regarding the building, and is not exploring other possibilites for the space at this time.