Ethics Board will further investigate election complaint against Moynihan
NEW CANAAN — The Ethics Board has decided to further investigate a complaint claiming the first selectman violated the town’s standards of conduct during the past election season.
The complaint, made by resident Micaela Porta on Nov. 1, states that First Selectman Kevin Moynihan violated the town’s ethics code when he wrote a letter to new residents before the election, giving them an explanation of the voting process that was “misleading for voters seeking to understand how our municipal government works and could actually serve to suppress the vote for parties perceived to be in the minority.”
Though Moynihan and the Republican Town Committee have since submitted arguments against the inquiry, the Ethics Board announced Tuesday it would look deeper into the matter.
“This is not a final determination on the merits of the complaint but rather a preliminary finding that the allegations in the complaint and the assertions in the reply warrant further investigation,” the board wrote in its resolution.
At issue is Moynihan’s explanation to New Canaan newcomers of the voting process for open Board of Education seats.
“You may be confused by the ballot. I am writing to help explain the process for voting,” Moynihan wrote in his letter. “... This year, five of the nine BOE seats with four-year terms are up for election. Because Democrats, as the minority party in New Canaan, are guaranteed a minimum of two seats under CT law, there are only three Republican candidates for the five seats with four-year terms versus five Democrat candidates.”
In the complaint, Porta reasoned that this statement “could lead voters to conclude that votes for Democratic candidates are wasted, as Democrats could only be apportioned to two seats.” The state election law “limits the maximum number of members from one party on a given board, commissioned Democrats are not specifically guaranteed any seats,” she said.
If a party wins more votes in a Board of Education election, “that party becomes the majority party,” Porta wrote, and the remaining members on the board could belong to other parties, which could be Republicans, Democrats, Independent, Green or unaffiliates.
In the 2021 municipal election, Democrats had five four-year Board of Education candidates, in hopes of increasing their representation on a normally Republican-dominated nine-member board.
But after Moynihan’s letter had been sent, Porta said, “numerous concerned citizens reached out to me in my capacity as the president of the League of Women Voters in New Canaan as they were confused by the letter’s contents as well as its propriety.”
Porta said she is representing herself, and not the League of Women Voters, in her complaint.
However, in a response letter to the Ethics Board, Moynihan argued he believed the complaint should be dismissed.
“Ms. Porta’s complaint is completely devoid of legal merit and attempts to politicize the Board of Ethics process in violation of my right of free speech,” he wrote.
The RTC also offered a rebuttal, stating “it is customary for elected leaders to publicly endorse and support candidates” and their right to do so, “is protected by the First Amendment.” Additionally, the group argued no town materials or resources were used in sending the mailer, rather the RTC “paid for all materials: printing, envelopes, labels and postage.”
Ultimately, the Ethics Board agreed to further investigate three portions of the Code of Ethics under the “Standards of Conduct” section. The resolution said “there is a reasonable basis to believe” that the letter may breach multiple sections of the code. The board will also review the merits of the RTC’s argument.