SOUTHWICK – The Board of Selectmen clashed again last night while discussing adopting a standard of conduct and orientation for new members, as well as during the discsuuion about an ethics commission opinion.
Selectwoman Tracy Cesan expressed her concern that independent counsel, Attorney Demitrios Moschos, was seeking clarification of an opinion rendered by the state Ethics Commission regarding Moschos’ opinion of what Cesan could vote on.
Moschos was consulted, in addition to Town Counsel Kenneth Albano, due to the dual role Cesan has as a member of the board, as well as an employee of the town’s fire department.
Cesan has questioned the need for Moschos, who was approved by the previous board prior to her election, to serve as counsel for dealings between Cesan and Chief Administrative Officer Karl Stinehart. Board Chairman Arthur Pinell has said previously that Moschos was needed because of the unique situation of Cesan being Stinehart’s boss as a selectperson, but Stinehart is in a supervisory position over Cesan with her employment with the town.
Cesan said Moschos is not needed.
“He is not necessary,” she said. “This attorney is not needed – we have a very capable town counsel and I am not costing the taxpayers more money.”
Cesan said she would not overstep her ethical boundaries and if she had a concern, she would seek an opinion from Albano.
“I think it is a gross misuse of taxpayer money,” she said of using Moschos.
Cesan said his opinion on conflict of interest was reviewed by the ethics commission, which agreed with some of his findings, but not others. Cesan contends that Moschos’ questioning of the commission’s opinion is an attempt to “further restrict” her ability to govern.
Stinehart said under Massachusetts General Law 268A, he has the right to seek an opinion from an attorney.
“I exercised my right,” he said. “Town Counsel’s role is to serve the members of the board equally and fairly.”
Stinehart said hiring Moschos was not something he sought, but the situation created by the election of Cesan opened up the opportunity to have additional counsel.
Cesan said using Moschos was a way to treat her “unfairly.”
Stinehart retorted that was “not an accurate characterization.”
During a working session on protocols and procedures of the board, samples of what other towns had done were discussed, including a detailed procedure from the town of Harvard.
Selectman Russell Fox said he preferred the more simple example, while Cesan said she liked the lengthy sample from Harvard.
The Harvard model included items that would be a change of government for Southwick, which Cesan said should go to Town Meeting.
“I never envisioned changing town government,” said Pinell. “This is just a guide to look at . . . I’m looking at a select board policy.”
Pinell said Cesan’s comments were “above and beyond” what he had thought the board would adopt.
Pinell admitted that over the years the board had become lax in some of its procedures.
“As people come and go from the board there is a different level of awareness of town government. We want to come up with something that makes it understandable and straightforward,” he said.
Cesan said there was no misunderstanding.
“I think people are well aware of how business is conducted,” said Cesan.
Cesan said she fully supported having a guide in place, but she added that she felt it was another way to restrict how she can govern.
The board members agreed to bring to the table some of what they would like to see implemented in Southwick at a Jan. 14 session.
