TRACY CESAN
SOUTHWICK – The State Ethics Commission weighed-in on the opinion of Town Counsel Kenneth Albano regarding questions of conflict of interest on the Board of Selectmen.
Albano rendered his opinion on whether or not Selectwoman Tracy Cesan, also a full-time employee of the fire department, should participate in votes on the employee handbook, department head negotiations, and negotiations with union employees. Cesan is not a union employee of the town.
Deidre Roney, general counsel for the commission, said Albano’s conclusions were incomplete because it does not include an analysis of the application to Cesan of paragraph 20 of the conflict of interest law.
“The restrictions imposed in paragraph 20 are relevant to some of her questions,” Roney stated. “I agree with some of the conclusions you have stated and disagree with others.”
Roney elaborated that in order to hold her two positions, Cesan should have an exemption from paragraph 20. Cesan, she said, uses the selectman’s exemption and cannot vote or act as a selectman on any matter within the purview of the Southwick Fire Department.
“This means she cannot participate in negotiating or voting on collective bargaining agreements with Fire Department employees, and she also cannot participate in negotiations with any department heads who are Fire Department employees,” Roney stated.
Roney wrote that she agreed with Albano’s findings regarding paragraph 19, which prohibits Cesan from participating as a selectman in any particular matter in which she has direct and immediate, or reasonably foreseeable, financial interest.
“I agree with your conclusions and would in fact state them more strongly,” Roney said.
Roney’s opinion was that Cesan should not participate in any union negotiations because non-union town employees have historically been given similar contracts.
Roney found that Cesan should not participate in employee handbook revisions, fire department head negotiations or chief administrative officer negotiations.
“Finally, your letter suggests Ms. Cesan could seek an exemption from the restrictions of paragraph 19 from the other Selectmen. This is incorrect,” Roney stated. “Appointed municipal employees may seek an exemption from paragraph 19 from their appointing authority; elected officials do not have that option.”
