Rep can decide on possible conflict in top cop vote
City ethics code lets official determines whether to recuse
STAMFORD — After Rep. Anabel Figueroa took part in a vote on the police chief nominee, some of her fellow representatives seated in Legislative Chambers looked at each other quizzically.
They asked: Should she have voted?
Figueroa is married to Robert Figueroa, who sits on the Stamford Police Commission, and their son is an officer with the Stamford Police Department. The question is whether she has a conflict of interest under the city’s Code of Ethics.
The code states that elected officials who have a personal or family interest that
might influence their independence of judgment cannot engage in city business related to that interest. A conflict of interest exists whenever an official “will more likely than not benefit ... directly or indirectly, from a decision over which they have influence,” according to the code.
Any ethical question would center on whether Figueroa, her husband or her son would benefit by her up or down vote on Chris Murtha, Mayor David Martin’s pick for top cop.
The ethics code leaves it to elected officials to decide.
Figueroa, a Democrat from District 8 and a member of the Board of Representatives’ Appointments Committee, voted against the Murtha appointment during the committee’s June 25 meeting. The committee is charged with determining the qualifications of people nominated by the mayor for top city posts and recommending approval or disapproval to the full board.
Just as the full board was to vote on the nomination on July 1, Martin pulled Murtha’s name. It looked like Martin would not get the votes that night, and his staff said they wanted to allow representatives more time to gather information on a racialbias civil suit filed by black and Latino officers against Murtha and some of his fellow commanders in Prince George’s County, Md. The case is surrounded by misconceptions, staff members have said.
Martin said he will resubmit the nomination at the board’s next meeting.
Asked whether she will vote on the Murtha appointment on Aug. 5, Figueroa said, “We have rules. I will abide by what we expect of the people who come before our board. I will use my own judgment.”
That is within her right, according to the ethics code.
Allan Lang, chairman of the Board of Ethics, said he cannot comment on cases that might come before him, but he can explain how things work.
It’s true that the code’s conflictofinterest clause is “a selfenforcing rule,” Lang said.
But the board is there to help, he said.
“A person can seek an advisory opinion, and when the board renders an opinion, it is binding on the board and on the recipient of the opinion,” Lang said.
An advisory opinion also supports an elected official if someone should challenge the official’s actions, Lang said.
“It’s a good idea to seek an opinion, especially if the person seeking it feels they may be challenged in some way,” he said.
Asked whether she will ask the ethics board for a ruling, Figueroa said, “I will use my discretion.”
Her decision could be significant because a vote on the Murtha appointment will certainly be contentious, and likely close.
It spurred a fractious fivehour meeting of the Appointments Committee, which interviewed Murtha. Figueroa asked him to explain his management style, list some of his accomplishments, describe his relationship with the rank and file, and explain how he would ensure that all members of Stamford’s diverse population would be protected under his leadership.
After Murtha answered her questions, Figueroa made a comment.
“I feel that perhaps you may be the right candidate, but I also believe that this may be the wrong time,” she said, pointing to the crowd of 200 or so residents in the room. “Look how full this chamber is this evening. For me, the message is clear. … I feel that perhaps another town will take you, or even Stamford, but not right now.”
Figueroa then referenced Stamford Assistant Chief James Matheny, who applied for the chief ’s job. Residents have been emailing representatives and other officials on behalf of Matheny.
“Many people, and myself, were expecting to get somebody within the department,” Figueroa told Murtha, “because I feel like we do have the candidate already. … I feel I cannot leave this chamber this evening without expressing my disappointment as to not having the candidate that the city of Stamford is asking for.”
She was one of six committee members to oppose the nomination. One member voted for it and another abstained.
Robert Wechsler, an expert on cleangovernment practices and author of a handbook titled “Local Government Ethics Programs,” said Stamford has one of most comprehensive codes in Connecticut but, like many, it leaves decisions to the discretion of elected officials and that is not ideal.
“The most important part of any code is to have some independent person to whom you can go and ask, as long as you follow what they say,” said Wechsler, a North Haven resident. “People have conflicts. There is nothing wrong with having a conflict. It’s bad to create one.”
Figueroa’s case is “clearly a conflict,” he said, “but the question is, ‘Does it rise to a level that would require the person to withdraw from participation?’ ”
Wechsler said he doesn’t think so.
“I think it would be unusual to withdraw in this situation,” he said. “Usually economic conflicts are the only ones that matter — that is, if there is a potential economic benefit to you or someone close to you.”
Figueroa’s husband, as a member of the Police Commission, “wouldn’t seem to be a problem because his position would be the same as hers on the board — both represent the city on this issue,” he said.
Their son, hired in 2015, does not seem to present an issue because “he already has the job,” Wechsler said. “If, however, he got a promotion very soon after his mother took some action, that would look very bad.”
The appearance of a conflict of interest is as damaging to the public trust as actual conflict, he said.
“It’s important to disclose any potential conflict,” Wechsler said. “I hope people understand that.”