ETHICS RULING
A VICTORY FOR LOCAL TAXPAYERS
From:
Susan Kniep, President
The Federation of Connecticut Taxpayer Organizations, Inc.
Website: ctact.org
860-528-0323
March 25, 2004
Panel Finds Ethics Breach
March
26, 2004
By JOANN KLIMKIEWICZ, Courant Staff Writer
A huge congratulations
to Ann Mikulak, president of the Citizens Property
Owners Association of New Britain, the oldest taxpayer organization in the
State of Connecticut. She and her membership challenged union
officials who vote on union contracts in their capacity as elected
officials. The Ethics Commission of New Britain supported Ann's position. Taxpayers throughout Connecticut should work diligently within their own municipalities to
establish similar criteria to eliminate conflicts by government employees who
are elected or appointed to positions of
influence. Susan Kniep
NEW BRITAIN -- The city's ethics commission has decided an alderman
violated ethics laws when he voted last December to approve a contract between
the city and a local labor union.
The commission unanimously found that Fran Ziccardi's
vote on AFSCME Local 1303's contract gave the appearance of impropriety in that
he could have had an indirect financial interest in its outcome. The ruling
became public Thursday, two days after the commission deliberated behind closed
doors.
Ziccardi's vote was not crucial. The council voted
unanimously in favor of a contract that raises pay 7 percent over four years. Ziccardi, a city employee, is president of a different
bargaining unit, AFSCME Local 1186.
The decision, included in a report the ethics commission gave to Mayor Timothy
Stewart and the council, sides with the complaint that a local taxpayers group
filed alleging impropriety.
"Justice has prevailed. [Ziccardi] did a very
foolish thing," Ann Mikulak, president of the
Citizens Property Owners Association, the local taxpayers group that filed the
complaint, said Thursday.
Ziccardi, elected in November to the council, did not
return messages seeking comment on the ethics decision.
City officials declined to comment on the decision Thursday, saying they were
still digesting the findings and waiting to speak with Ziccardi.
The commission said the council should censure Ziccardi
and instruct him to abstain from voting in the future on any union contract
before the council.
The decision recommends that if Ziccardi wants to
vote on a city contract, he must first follow ethics procedures and submit a signed
statement explaining why, despite a potential conflict, he believes he should
cast a ballot.
His supporters have said he had no direct interest in approval of the Local
1303 contract, which covers 47 union members.
But even though Ziccardi had no part in the
negotiation of 1303's contract, critics argued that his vote on a sister
contract amounted to a conflict of interest.
Political observers said the decision would have far-reaching implications for
cities and towns across the state.
Ethical concerns and questions of whether city employees should be allowed to
run for public office - and if they do, whether they should be allowed to vote
on municipal budgets - are being raised more often.
"This is definitely a precedent-setting case that will affect every
municipality in the state of Connecticut," former East Hartford Mayor Susan Kniep said. She is a
member of the Federation of Connecticut Taxpayers Organizations, which had been watching the ethics
complaint here.
Some officials and city employees say people who stand to benefit from town
budgets and contracts should be barred from elected office. Others argue city
employees and union officials bring valuable experience to the table.
And they question where one should draw the line in the name of a conflict of
interest. Should members of business associations be excluded from public
office, they counter, because they may have personal interests in business
matters?
Kevin Maloney, spokesman for the Connecticut Conference of Municipalities, said
Thursday municipal officials should err on the safe side in questions of
conflicts of interest.
"I would think most towns would feel the right thing to do would be for
the council member to recuse themselves from voting
in that type of situation," Maloney said. "Generally, the kind of
rule most municipalities would apply is, if it doesn't feel right to do it,
don't do it. Recusing oneself from voting is going to
protect the individual as well as protect the credibility of the council."