SOUTHWICK – Resident Paul Cesan informed the Board of Selectmen Monday that he filed a complaint with the State Ethics Commission because Chairman Arthur Pinell voted on the paving of Nicholson Hill Road, and because the board has not posted meeting minutes in accordance with the law.
Pinell owns property on Nicholson Hill Road.
“I welcome the investigation,” Pinell said. “I said from the beginning that I have property on that road.”
Cesan, husband of Selectwoman Tracy Cesan, also addressed other issues with the board during the public comment portion of the regular meeting.
Cesan said he is against the paving of Consolini Way, something that led him to research past board minutes and ultimately to the filing of the complaint.
Cesan also noted that Consolini Way is not recognized by the town assessors, but is considered Babbs Road.
“That is true,” Pinell said.
Cesan said because it is not a recognized street, the town should not be moving to pave it.
“We need to stop plowing and salting and sanding this private driveway,” he said. “And we should not pave it.”
Cesan said while reviewing minutes regarding the so-called Consolini Way, he saw that numerous minutes were missing from the online archive and he went to the Town Clerk’s office in search of the missing items.
According to his complaint, Cesan was helped by a young female he said was “friendly and helpful but unfortunately was just as confused as I was as to why the minutes were not in the books with the rest from 2010.”
Cesan wrote that he was then assisted by Town Clerk Michelle Hill who told him the minutes he was looking for were not available. Cesan stated in his complaint that Hill “was not happy at the situation she had been put in by the BOS/COA and the secretary.”
Cesan’s complaint lists his desired action as having minutes finalized at the next meeting “or at least the following, which has not been done for quite some time.”
Immediately following his exchange with Hill, Cesan filed a freedom of Information Act (FOIA) request dated Oct. 23. Cesan said he filed a second request and as of Nov. 5, had not received any response.
“For me not to get a phone call or letter is not acceptable,” Cesan told the board.
Cesan’s FOIA request asked for a complete copy of the current contract of Karl Stinehart, including a date signed and expiration date; a complete copy of Stinehart’s attendance from Jan. 1 – Oct. 20, 2012, a copy of Attorney Demitrios Moschos’ contract with the town, including his hourly rate and copies of all bills; a copy of minutes regarding the hiring process for Moschos; a copy of all emails or written correspondence between Stinehart and Town Counsel Attorney Kenneth Albano regarding Moschos, and how MGL Chapter 268A Sec. 22 applies.
Moschos was retained by the Board for Selectmen on behalf of Stinehart to answer conflict of interest questions that may arise due to Tracy Cesan’s dual role as a board member and a town employee.
Pinell told Cesan he did not know about the request.
“I am not aware of this and will look into it,” Pinell said.
Administrative Assistant Sondra Pendleton pointed out that many of those missing minutes were on the agenda last night for approval.
Later in the meeting, a letter was presented from Stinehart dated Nov. 5 that was sent to Hill, as well as town counsel and labor counsel. The document included requested documents made by Cesan’s FOIA request.
“Any item not included was at the direction of Town Counsel,” Stinehart wrote. “While most of the information is straightforward public information the request should be viewed in the context of a spouse of a Selectperson wherein both attended the same 10/22/12 Selectmen’s Meeting related to a discussion of sensitive matters on the Board of Selectmen establishing protocols and adhering to an ethical guidelines framework.”
Stinehart also stated that Cesan’s statements made during public comment on Oct. 22 were “over the line” and given the exchange of that meeting, the FOIA request “should be interpreted as intimidating, harassing and of a retaliatory nature.”
Selectmen Pinell and Russell Fox approved the missing minutes last night, while Tracy Cesan abstained because she was not a member of the board at the time. Pendleton pointed out that draft copies of the minutes are available the day after a meeting in the board office. Cesan said they are supposed to be approved and filed with the Town Clerk.
