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01-14-10
The Board of Ethics held a special meeting Thursday January 14, 2010 in the Lower Meeting Room of the Edmond Town Hall located 45 Main Street Newtown, CT. 06470.
Chairman Brian Ochs called the meeting to order at 6:30p.m.

MEMBERS PRESENT:
Chairman Brian Ochs, Vice Chair Stephen Sedensky, Addie Sandler, Ron Wilcox, Neal DeYoung and Suzanne Copp.

PUBLIC PRESENT:
Town Clerk Debbie Aurelia, Attorney Bob Hall (representing Ms. Aurelia), Paul Mangiafico, Carolyn James, John Aurelia, Karin Aurelia, Dan Aurelia, Tim Duhancik, Monica Duhancik, Ann Benore, Dave Benore, Joseph Borst, Sue Marcinek, Diane Guilfoil, Angelina Carney Guilfoil, LeReine Frampton, Jackie Zvon, Kathy Holick, Michelle Granby.  
Two members of the press.

DISCUSSION ITEMS:
Hearing regarding complaint filed by Diane Guilfoil against Town Clerk Debbie Aurelia.
Mr. Ochs read the Ethics Codes that were being looked at for possible violation, 36-2B and 36-4B.
Mr. DeYoung made clear for those present that the hearing was not that of disciplinary action or consequences there of.  The hearing was to obtain all the relevant facts surrounding the complaint and to get a full account of what took place from all witnesses and parties involved on December 10, 2009.

At 6:35pm the Board called Ms. Diane Guilfoil for testimony regarding the events of December 10, 2009.
Ms. Guilfoil described what took place and was then questioned by the Board individually.
Attorney Bob Hall questioned Ms. Guilfoil.
Ms. Guilfoil was excused from her testimony at 7:05pm.

At 7:05 the Board called Ms. Angelina Carney Guilfoil for testimony.
The Board questioned Ms. Carney Guilfoil regarding the events that took place on December 10, 2009. Attorney Bob Hall also questioned Ms. Carney Guilfoil.
Ms. Carney Guilfoil was excused at 7:20pm.

The Board called Ms. Monica Duhancik for testimony at 7:20pm.
Ms. Duhancik described the events that took place on December 10, 2009 and the Board questioned individually.
Attorney Bob Hall also questioned Ms. Duhancik.
Ms. Duhancik was excused at 7:38pm.



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Ms. Ann Benore was called by the Board for testimony at 7:39pm.
The Board had additional questions and Attorney Bob Hall also questioned Ms. Benore. Ms. Benore was excused at 7:49pm.

The Board called Ms. Angelina Carney Guilfoil for additional testimony and clarification at 7:50pm and was excused at 7:52pm.

Mr. Joseph Borst was called for testimony at 7:52pm.
The Board questioned Mr. Borst, Attorney Bob Hall had no questions.
Mr. Borst was excused at 7:58pm.

Ms. Sue Marcinek, Executive Assistant to the First Selectman, was called by the Board for testimony at 7:59.
The Board questioned Ms. Marcinek. Attorney Bob Hall had no questions.

The Board took a brief recess between 8:00 – 8:05pm.

The Board called Ms. Debbie Aurelia for testimony at 8:08pm and questioned Ms. Aurelia individually regarding December 10, 2009.
Attorney Bob Hall also questioned Ms. Aurelia.  Attorney Hall had no additional witnesses to call for questioning.
Ms. Aurelia was excused at 8:19pm.

The Board of Ethics deliberations began at 8:20pm.  The Board discussed among themselves the testimony heard and the Code of Ethics in detail.

Mr. Sedensky moved that Ms. Debbie Aurelia was in violation of Ethics Code 36-4B.
Mr. Wilcox, Mr. Sedensky and Mr. Ochs voted YES to a violation having been made,
Mr. DeYoung, Ms. Copp and Ms. Sandler voted NO to a violation having been made.

(Ms. Jackie Zvon, member of the public, stood up and questioned if it mattered that there were only six Board members and the motion was defeated, if there should be another vote.  Mr. Ochs corrected Ms. Zvon stating that all members of the Board are present and as long as there is a quorum (or three quarters of the Board present) the votes carry as made.)  

Motion defeated, the Board has found that no violation has been made.
The Board of Ethics will issue a letter to the Board of Selectmen indicating that they have found no violation and no further action is recommended.

ADJOURNMENT:
Having no further business, Mr. Sedensky moved to adjourn the meeting at 8:43pm.
Mr. DeYoung seconded motion. All were in favor.