Avoiding The Appearance Of A Conflict

Select Board & Town Attorney decided to dodge transparency issue

The Amherst Select Board had the opportunity to make this conflict of interest issue go away last night but they took the easy way out:  avoidance.

The town attorney suggested that not openly acknowledging a potential "conflict of interest" didn't fall  within the domain of a branch of government titled "Division of Open Government."

Yeah, that's a hair only a lawyer could split.

So I have now filed a complaint with the State Ethics Division.  Let's hope he gives better legal advice to the Select Board this time around.

State Ethics Commission
Enforcement Division
One Ashburton Place, Room 619
Boston, MA 02108-1501
1/12/2016


To Whom It May Concern,

I wish to file a formal complaint concerning an accidental violation of state ethics law — especially as it relates to the “appearance of a conflict of interest” — by Amherst Select Board Chair Alisa Brewer at the Select Board December 21 regular Monday night meeting (although at an unusual time). 

The five member Select Board voted unanimously to allow Interim Town Manager Dave Ziomek to sign a 3.5 year Strategic Partnership Agreement with UMass/Amherst, the town’s largest employer, that could be perceived as overly generous to UMass.

Chair Alisa Brewer shows up in the online data base of UMass employees although apparently she does not work directly for UMass.  Her husband Steven Brewer, however, is a full-time professor in the biology department. 

At that December 21 meeting she did not publicly announce her affiliation(s) with UMass prior to leading the discussion and then voting in the affirmative on the UMass Strategic Partnership (estimated value just over half million annually).

Back in September, 2007 (on or about 9/18/2007) I filed a complaint naming Alisa Brewer and Select Board member Rob Kusner, who was a professor at UMass, when they voted on an earlier version of the Strategic Partnership Agreement that gave UMass free effluent water for their power plant, when the previous year they had paid the Amherst water/sewer fund $38,0000 for it.

At the time both Select Board members made somewhat of an announcement of their affiliations with UMass, but neither had filed a disclosure form with the Town Clerk.  

Within a week of the 9/17/2007 meeting both had (retroactively) filed the disclosure form.  The Ethics Commission then found no violation had taken place since the Select Board members in question had made a public announcement prior to the discussion/vote and both had, eventually, filed a disclosure form with the Town Clerk.

Alisa Brewer’s disclosure form dated 9/25/2007 is still on file with the Town Clerk, but she clearly did not make the pubic announcement at the December 21 meeting acknowledging her potential conflict of interest.  

Although there were no members of the general public present at the meeting that night, all Select Board meetings are televised and live streamed by local cable access entity Amherst Media.

The town suffered a great loss back in September with the sudden death of Town Manager John Musante, so the Select Board has been far busier than normal over the past four months.  

Since I do not believe the lack of transparency was deliberate, I would simply ask the Ethics Commission to remind the Amherst Select Board how important it is for public officials to routinely avoid the “appearance of a conflict” with a quick simple public pronouncement prior to a discussion/vote.

Sincerely,

Larry J. Kelley
596 South Pleasant Street
Amherst, MA 01002

Déjà Vu Ethics Violation?

Amherst Select Board: town's highest ranking elected office

Interestingly the Select Board has been through this Conflict of Interest issue before, so you would think history would not repeat itself.

 Click to enlarge/read

Back in 2007 rookie Select Board members Alisa Brewer and Professor Rob Kusner voted to allow UMass free use of effluent water (in a close 3-2 vote) that normally would have cost them over $100,000 annually.  I instantly filed a complaint with the State Ethics Division.

 Note Ms. Brewer's body language

Interestingly they found no violation because the board members had (sort of) made a PUBLIC disclosure at the  9/17 meeting immediately before the discussion/vote.

And they had filed a disclosure form with the Town Clerk, although those forms were filed a week AFTER the 9/17/2007 Select Board meeting.

Note this disclosure filed 9/25 was for a 9/17 meeting

Whereas this time around Ms. Brewer still has the 2007 disclosure form on file, but she did NOT make a public announcement during the 12/21 meeting about her UMass affiliations.

Rob Kusner's disclosure filed 9/24 to cover a 9/17 meeting

Cherry Hill: the pampering continues...

Yes Alisa, Cherry Hill Golf Course is the ONLY seasonal beer and wine license in the town.

The category was specifically created for Cherry Hill ten or 12 years ago and at about half the charge of a comparably license. The argument was they were only open for seven months out of the year so pro-rate the charge. Amazing how business friendly the town can be with itself, eh?

So back when Cherry Hill was an Enterprise Fund it was charged $700 (never paid it of course). And yes having alcohol out there probably increases the liability insurance but who cares, the insurance—like the brand new $22,000 lawn mower they bought last July—comes out of a different fund other than their Operation Budget.

And that is why I say Mark ‘Harpo’ Power got such a great, sweetheart deal, a few years back when Czar Anne Awad and Barry Del Castilho gifted him (in a no-bid contract) complete use of the new Clubhouse for only $150/month--and that included the liquor license (which alone should have been $100 per month)

And of course Mr. Power was granted a three-year contract by the former town manager. Yet when a management company offers to take the entire turkey off our hands for $30,000 per year, the new town manager turns him down because they wanted a three-year contract.

Funny how quick Aaron Hayden wanted to rubber stamp the damn thing and move on. You would think a mid-level, long-time Amherst College employee would not be so quick to do a favor for their main competition.

Amherst College does own Amherst Golf Course, the only other nine-hole operation in town. Although, unlike Cherry Hill, they do pay taxes on it ($7,000 last year.)

Come to think of it, Mr. Hayden probably should have abstained on that vote.