The Register Citizen (Torrington, CT)

Ethics board: Officials acted properly

Complaint filed by applicant for health center plan

- By Ben Lambert

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.

 ?? FILE PHOTO / HEARST CONNECTICU­T MEDIA ?? The now-closed Winsted Super Saver on Main Street has been the subject of an ethics complaint involving members of the Planning and Zoning Commission.
FILE PHOTO / HEARST CONNECTICU­T MEDIA The now-closed Winsted Super Saver on Main Street has been the subject of an ethics complaint involving members of the Planning and Zoning Commission.

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