ALFRED — It was about 6:30 p.m. Wednesday when York County Commissioners voted 4-1 to censure members of the York County Budget Committee for their refusal to sign disclosure forms associated with the county’s ethics policy, adopted late last year.
By 7:30 p.m., the budget committee had met behind closed doors and then returned to public session to vote on a motion to appeal the censure to York County Superior Court. The vote was unanimous.
And while no one has firm figures on the cost to taxpayers at this stage, Brad Morin, the attorney representing the budget committee, opined Wednesday court action could cost each side ”“ and ultimately taxpayers ”“ $10,000 to $15,000.
Wednesday’s hearing by county commissioners was for budget committee members to show cause why they should not be censured, a remedy spelled out in the county’s ethics policy for non-compliance. Censure is a public reprimand.
All but three of the 14-member budget committee members attended the session. All, including those who did not attend, were censured.
Morin told commissioners that the budget panel had adopted an ethics policy of their own, and all had signed disclosure forms in a meeting held late that afternoon.
If the issues are about ethics, said Morin, the budget committee’s adoption of their own ethics policy should settle the matter.
“If it’s not, it’s territorial,” said Morin. “Hopefully, this resolves it and everyone can move on.”
Morin said the budget committee’s policy mirrored the commissioners’ policy with the exception of one clause that has created controversy. That clause in the commissioners’ policy states that a budget committee vote “may be reviewed, modified or reversed by county commissioners.”
County attorney Gene Libby said the clause means commissioners could send a matter back to the budget committee for a re-vote if it was determined a committee member had a conflict of interest and had voted on the matter.
Morin said he doesn’t believe commissioners have the authority to tell budget committee members who can and cannot vote on an issue.
Commissioner Gary Sinden said he took issue with Morin’s “territorial” remark.
“It’s wrong and offensive,” said Sinden. “This is about public trust in elected officials. We’re trying every way we can to elevate trust in county government.”
Sinden also questioned where Maine statute gives authority to the budget committee to establish its own ethics policy.
“Why (would they) not have the authority to take care of their own governance?” countered Morin.
Libby said the budget committee has no powers others than those created by the Legislature.
“They clearly do not have the authority to adopt a code of ethics,” said Libby.
However, Libby said if the disclosure forms signed by budget panel members in conjunction with their own policy mirrored the county’s disclosure forms, then members would be in compliance. Morin said they’re not identical: “The differences are insubstantial, but you can take a look,” he offered.
The budget committee was formed by an act of the Legislature in 1993.
Commissioner Michael Cote, who voted against censure, suggested the county set up an ethics board, made up of citizens, to handle ethics policy issues. Commissioners had discussed the matter earlier, but took no action; the idea would have to be more fully fleshed out, said Sinden. Cote pointed out the county’s ethics policy is based on one adopted years ago by Bangor, which has an ethics board.
Sinden said it is clear to him the two boards are at an impasse, and the only way to solve it, in his mind, is through the courts.
The ethics issue has it roots in votes taken by the budget committee concerning support of York County Shelter Programs. While the board chairman, John Sylvester, recused himself from the vote because his wife works for the agency, Sinden said those recusing themselves should also refrain from deliberation and sit in the back of the room ”“ which is reflected in the county ethics policy, and now in the budget committee’s policy. Sinden said while Sylvester abstained from voting on the issue, he did cast a vote on the final budget.
Sinden also noted budget panel Vice Chairman Joe Hanslip is president of the board of York County Shelters and didn’t recuse himself from the vote. Meeting minutes show Hanslip disclosed that he was board president, an unpaid position.
Asked how it felt to be censured, budget committee member Richard Clark of Wells has this to say: “I’ve been called worse by far better people,” he said.
As well as voting to appeal their censure to the courts, budget committee members also agreed to send a letter to the municipalities outlining their position and indicating the need to raise funds to pursue their claim.
— Senior Staff Writer Tammy Wells can be contacted at 324-4444 (local call in Sanford) or 282-1535, Ext. 327 or twells@journaltribune.com.
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