Members of a municipal body that fields ethics complaints lodged against the town’s elected and appointed officials, volunteers and employees say they’re expecting a new one.
Ethics Board member Robert Schott said during the appointed body’s regular meeting, held Oct. 10 in a first-floor conference room at Town Hall, that at around 5:20 p.m. the prior Thursday he received a text from an unknown number.
“It is a question that has come to me regarding a member of the selectmen or Town Council, and it regards the possibility of a conflict of interest within the purchase of—some self-dealing now that that person’s on the Town Council,” he said.
The complainant flagged an “issue of this individual recusing himself from the budgeting or payment process or competitive bidding process,” Schott said.
Schott noted that he has not yet responded to the message, which he referred to as “an email” at some points in the meeting, and a text at others. Schott recommended a response along the lines of “please identify yourself by name and if you actually formally file a complaint, follow our procedure on the Ethics page.”
He referred to the Board’s page on the town website.
Board Chair Aly van Nes said Schott could even go one step further and offer to talk to the individual and explain the proper steps for filing a complaint.
“We do that for people that are interested because it’s an unusual thing,” she said. “We don’t do it for them, but we’re happy to explain to them where the website is and why the process is needed and we will not take any action unless we receive a proper complaint.”
Van Nes added, “I think given the nature of the note you got, we should assume that there’s a complaint coming. Because that’s clearly the person’s intention. So we’ll just take it one step at a time.”
The meeting was not recorded. NewCanaanite.com was the only guest in attendance. In addition to Schott and van Nes, Ethics Board members in attendance included Josh Kaye, John Fulkerson and Secretary Arvind Bajaj. The last participated via teleconference.
During the meeting, Kaye said that, with assistance from Town Clerk Claudia Weber and the town’s IT Department, the Ethics Board’s page now makes its past decisions easier to find with a dedicated area labeled “Opinions & Determinations.”
The most recent listing there deals with a complaint lodged against First Selectman Kevin Moynihan prior to the last local election, in November 2021. The Ethics Board spent several months investigating the complaint, which alleged that Moynihan had used his public office improperly in publishing and distributing through the Republican Town Committee an endorsement letter in a contested Board of Education race that gave the appearance not of a personal opinion but with the authority of the first selectman’s position. The Ethics Board’s final determination in the matter, which passed by a 4-1 vote, said that a public official would be found in the future to have run afoul of the town’s Code of Ethics by doing what Moynihan did.
“Taking all the information available into account, the Board believes that the letterhead presents more like the letterhead of an official document than a letterhead serving as a mere identifier and that an appearance of impropriety was caused by its use, particularly when the Letter was to be sent to new residents or new voters who would likely have had little experience with Town officials, Town politics or official town letterhead or correspondence. … from hence forward any written or electronic political or campaign communication by an elected or appointed official or Town employee that uses, mimics, or resembles an official Town document, letterhead or format, whether it be official letterhead, official minutes or notices or other official documents in which the Town’s authority 15 is being demonstrated or exercised, will presumptively be considered a use of a Town asset and/or a Town position for purposes of examining such use under the Ethics Code.”
Moynihan—who issued a statement containing factual inaccuracies in the wake of that decision— lost at the GOP Caucus in July. Both candidates for first selectman have made restoring transparency to Town Hall part of their platforms.
Regarding the new expected complaint, Schott said he didn’t know the identity of the sender.
“I have a text and I don’t recall whose telephone number this is,” he said.