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January 20, 2005 Special Town Meeting Minutes
SPECIAL TOWN MEETING
January 20, 2005

A Special Town Meeting of the Town of East Windsor was held at the East Windsor Town Hall on Thursday January 20, 2005. The meeting was called to order by First Selectman, Linda Roberts at 7:35 P.M.

Motion was made by Linda Sinsigallo and seconded by Tom Sinsigallo that Linda Roberts preside as Moderator. Motion was made by Reggie Bancroft and seconded by Linda Sinsigallo to close nominations. Both Motions passed unanimously.

Town Clerk, Karen W. Gaudreau, read the call to the meeting.

Moderator read the statement of eligibility to vote.

Marie DeSousa questioned the legality of the warning for Item #3, stating that item was warned as being tabled at the Annual Town Meeting on December 30, 2004 when it was actually defeated at that meeting.
Mrs. Roberts announced that due to the error in the warning Item #3 would not be acted on at this meeting.

Item #1
The following resolution was introduced and read by Linda Sinsigallo.

Resolved:       To accept the reports of the Selectmen, Town Treasurer
and other Town officers, be accepted as printed errors and omissions
accepted, that were tabled at the Annual Town Meeting held on
December 30, 2004.

Mrs. Sinsigallo motioned to remove Item #1 from the table, seconded by Tom Sinsigallo. Motion passed unanimously.

Ralph Saunders motioned to accept Item #1, seconded by Tom Sinsigallo. Motion passed unanimously.

Item # 2
The following resolution was introduced and read by Dale Nelson.

Resolved:        To adopt an ordinance entitled “Town of East Windsor Code of
Ethics Ordinance” that was tabled at the Annual Town Meeting held on
December 30, 2004.

Mrs. Nelson motioned to remove Item #2 from the table, seconded by Tom Sinsigallo. Motion passed unanimously.

DISCUSSION

Tom Sinsigallo: Why would we vote to repeal when it was voted at the Annual Town Meeting to keep the ordinance.  Mrs. Roberts stated we were not discussing Item #3 and that at the Annual Town Meeting the vote was to not repeal.

Marie DeSousa: Citing a Journal Inquirer report, it took a year to make one change. It was noted that two changes were made. Mrs. DeSousa feels gifts should be at $0. She dislikes changes.
Section 3, Conflict of Interest. She has a concern, if one sits on the Board of Selectmen, can family be employee. Will Registrars be in violation if they hire family to work the polls on Election Day? She feels ordinance is not fair.

Dale Nelson (Ethics Commission): Informed Mrs. DeSousa that there was no change made to the above

Linda Roberts: Feels we need to adopt our own ordinance before the State imposes their regulations.

Marie DeSousa: If Ordinance is going to be rewritten, make it so everyone can follow. Further stated that she expected the Ethics Commission to respond to her statements, not the First Selectman.

Gil Lowell (Ethics Commission): Stated that current Ordinance has been in effect since 1992 and questioned why only now are complaints being voiced.

Marie DeSousa: Has a problem with the complaint section. Why do 4 out of the 5 members have to agree or disagree with the complaint, and not just a bare majority?

Dale Nelson (Ethics Commission): Again reiterated that this section was not changed from the original Ordinance.

Marie DeSousa: If 4 members are not in attendance, does complaint just get put aside?

Dale Nelson (Ethics Commission): Complaint will be tabled to a special meeting when 4 members are present.

Marie DeSousa: Who makes decisions on penalties? Who collects? Where does money go?

Dale Nelson (Ethics Commission): When the Ethics Commission hears a complaint; it is reviewed by the Town Attorney and Board of Selectmen.

Marie DeSousa: Who pays for claimant’s legal counsel?

Linda Roberts: The concept behind changing this Ordinance was to give guidelines for filing complaints. Past practice of Board & Commission members was to step down from discussion and voting if there was any conflict. Further reiterated that the only changes being proposed in this ordinance was to increase the gift amount to $100 and to set procedures for filing complaints.

Marie DeSousa: Again asked who levies fines.

Dale Nelson (Ethics Commission): Town Attorney would step in to determine fines.

Gil Lowell (Ethics Commission): Did Town Attorney see this ordinance

Dale Nelson (Ethics Commission): In the model ordinance from CCM the Commission was given guidelines for their duties and powers. The Commission is a sounding block to determine if a complaint is valid or not.

Marie DeSousa: Will making people sign for their copy of the ordinance be a Union problem.

Ralph Saunders (Ethics Commission):  Commission is only looking for an acknowledgement of receipt of the Ordinance. Signing is not mandatory.

Linda Roberts: Questioned Dale Nelson as to how many complaints had been received during her tenure on the Commission. Mrs. Nelson responded that she has had 1 in nearly 8 years.

Gil Lowell (Ethics Commission): Wants to move to a vote.

Linda Roberts: Is reluctant to have an Ordinance that supercedes another without repealing the original Ordinance.

Tom Sinsigallo: Stated we can vote on Ordinance without repealing the original one.

Gil Lowell motioned to move the resolution to a vote, seconded by Dale Nelson. Moderator called for a standing vote. Results were 5 yes, 5 no and 3 abstains. Motion failed.

Dale Nelson (Ethics Commission): Queried the First Selectman as to where to go from here.  Mrs. Roberts said she would bring it back to the Board of Selectmen.

Jay Bowsza: Stated he is not unfamiliar with Ethics in his position with the State Legislature. Sometimes you have to be reasonable and allow small gifts.

Linda Roberts: Troubled that we have taken peoples time to review.

Ralph Saunders (Ethics Commission): Surprised at the animosity and disrespect towards the Commission. Stated that none of this animosity or disrespect surfaced during the Commission meetings.

With no further discussion, Linda Sinsigallo motioned to adjourn, seconded by Scott Riach.

Meeting was adjourned at 8:20 P.M.

                                        Respectfully Submitted
                                        Karen W. Gaudreau