Untitled - Town of Windham

ANNUAL SENATE BILL 2 SESSIONSSelectman DiFruscia wanted to make it clear that her intention was not to stop residents from makingamendments. What she was trying to propose an opportunity in the future to have a study committee to lookat the current conflict of interest ordinance.J. Belair welcomes Selectman DiFruscia’s offer but asks if is allowable under current State law. SelectmanBreton agrees with J. Belair and that the people are present to vote for the Articles and not a study committee.Attorney Campbell referenced to recently changed State law that any amendment cannot change the subjectmatter (in example the “To see”). The Study committee could well happen.Moderator Griffin asked Selectman DiFruscia what her intent was about the study committee. SelectmanDiFruscia just wanted to move on with the amendments.The first segments of amendments were VOTED on in the AFFIRMATIVE.Vanessa Nysten of Edgewood Rd thought based on Attorney Campbell said about in the second paragraphregarding the businesses was not enforceable, and that it should be removed. She wanted a clarification.Attorney Campbell still has concern because State Law authorizes the adoption of such articles. This onlyspeaks to the Town Employees and officials but not the third person; so overall, yes he states that he’sconcerned. The other amendments clear up other concern, and if you take the amended literature the thirdparty will not have any decision making any longer. It may reduce concern, but would like to see in the finalform. Attorney Campbell feels you cannot regulate the third party.M. Scholz wanted a clarification as well. Attorney Campbell made a comment about the enforcement andadvising the Town not to enforce the original proposed Article. M. Scholtz wanted to know what AttorneyCampbell meant.Attorney Campbell stated on the original Article, he advised the Town Administrator and Board of Selectmenthat it would be inappropriate to enforce the provisions of the petition i.e. voiding any current ordinance, notallowing another person to go before a board he deemed inappropriate.M. Scholz doesn’t feel like Attorney Campbell’s decision was advisable for example not enforcing anordinance after the Town adopts it. After knowing that that option is available for the Town to not enforcesomething after the Town adopts it would be up to the petitioner to possibly put a provision in the Article.M. Sneider followed up with M. Scholz’ comment, he felt that Attorney Campbell could be wrong by tellingthe Town not to adopt it. If there is a legal challenge, then that is why the courts are involved. M. Sneiderthen proceeded to make a MOTION to add another amendment. To read as follows:Prohibition Against Conflict of Interest.Town shall be defined as the Town of Windham.Covered Person shall be defined to include an elected Town official, a non-elected Town official, a Townemployee, and any person or business (including the principals, partners, employees and owners of thebusiness) that have performed or are performing services pursuant to a contract or arrangement with or onbehalf of the Town whether or not the services were or are performed for compensation.A Covered Person shall not participate in deciding or acting on any Town matter if the matter may provide adirect or indirect benefit, create a material gain or provide an advantage to relations, friends, employers,groups, businesses or associations to which the Covered Person has an affiliation or connection. A CoveredPerson with such an affiliation or connection must make that affiliation or connection public, must refrainfrom participating, voting or taking any action on the matter and must recuse himself or herself frominvolvement with respect to the action or decision. Further, the Covered Person shall not discuss the matterprivately or otherwise communicate directly or indirectly with any other Covered Person regarding the matter.2012 ANNUAL REPORTS 22 TOWN OF WINDHAM, NH