Canton Ethics Board Cites Lack of Probable Cause in Complaints Against Selectmen

The Canton Board of Ethics has released decisions on complaints made against two selectmen in connection with the search for a new town of Canton Public works facility. 

The opinions in both cases state the lack of probable cause for violation of the town's code of ethics and in one instance indicates the board has no jurisdiction. 

One complaint, in two parts, was filed against selectman Steve Roberto, who has opted to make the documents public. 

Filed by Larry Litton, the first part alleges that Roberto's business property at 16 Maple Ave., via a thin strip along Route 179, abuts 51 River Road, one parcel considered as a potential location for a new municipal highway garage. 

He states that Roberto should not have participated in any discussion of 51 River Road. In his response, Roberto contends, in part, that he was never part of those discussions and that the property was eliminated before he even purchased the business site. 

In part, Litton's letter with the complaint states "Mr. Roberto's business shares a border with that property, and even if he is capable of making an unbiased decision as to its use by the town, he should have recused himself from any discussions or decision by the board to avoid any concerns or perception of impropriety on his part. His choosing not to do so put him in violation of both state statute and the town charter as it regards to his position as a selectmen for the town." 

The town GIS mapping, available through the assessor's web page, shows 51 River Road as one piece of property encompassing the police station, Collinsville fire station and the little league softball field, with a strip along Route 179 that abuts 16 Maple Ave., where selectmen Steve Roberto operates Dentfix Express. He purchased the property on Dec. 29, 2011. 

In his response, Roberto said the deed for the property mentions a "shaded area" possibly owned by the town abuts his property but makes no mention of it being a part of 51 River Road. 

"There is nothing that would lead me to reasonably conclude that 16 Maple Avenue borders 51 River Road. Without this reference to some obscure shady area one would think that there are at least ten separate properties between 16 Maple Avenue and 51 River Road," Roberto wrote. 

He also writes that the Permanent Municipal Building Committee eliminated 51 River as a possible highway garage location due to permeable surface requirements, residential proximity and space issues before his company purchased the property. 

"The River Road site was removed from consideration by the Permanent Municipal Building Committee (PMBC) and its paid consultant. I was not a participant in that process and I provided no input or opinion that influenced the PMBC's decision," Roberto wrote. 

In a May 28 decision letter, the Canton Board of Ethics stated the facts did not "prove the existence of probable cause of a violation of the code." 

"It is implausible to think that the location that was initially considered as a site for the highway garage by the Permanent Municipal Building Committee at 51 River Road, namely the Canton Little League Field, would present a personal or financial interest that would necessitate Mr. Roberto's recusal," it states. 

A second portion of the complaint against Roberto also addresses a contention that Roberto does not understand the "role of town agencies and commissions," and relates to a Board of Selectmen discussion about the Economic Development Agency's vote to study the $5.4 million public works facility plan for 325 Commerce that was recently defeated at referendum. At that meeting, selectmen eventually decided to seek an advisory ethics opinion as to whether EDA members Glenn Arnold and Kevin Jackson had any ethical concerns in participating in that study. The ethics board previously released it advisory opinion in that matter.

While Roberto disagreed with the assertion and wording in Litton's complaint on the roles, the ethics board stated it has "no oversight" in that area. 

The second ethics complaint remains sealed and in the decision the name is redacted. 

The wording, however, closely mirrors a statement read at a Board of Selectmen meeting earlier this year, authored by Arnold, about selectman David Gilchrist. Arnold's document stated that the Permanent Municipal Building Committee meeting minutes from Dec. 4, 2012 state that “'Mr. Gilchrist advised that Lawton Road is the heaviest traveled town road.' The next statement in the minutes states, 'The PMBC recommended removing this site from further consideration.'" 

The ethics opinion also found lack of probable cause and states that the subject of the complaint "was neither a member of the committee nor was he in attendance in his official capacity . . ." The statement "appears to be a statement of fact with no clear purpose to influence the committee one way or another on the feasibility of Lawton Road as a site for a new town garage," the decision states.  

The decision also states that another Lawton Road property, #55, would be reported as viable to the board of selectmen.

The board also noted that Gilchrist later filed with the ethics board recusing himself from any discussion on 55 Lawton Road, a property since approved for field usage. 

Gilchrist declined comment on the issue. 

Litton also declined comment but asked for the chance to possibly do so once this article was published. 

Roberto said of the decisions, "I am of course happy with the Board of Ethics findings. I feel Mr Litton's ethics complaint was just an attempt to harass the Board of Selectman. I'm sure that the members of the Board of Ethics do not appreciate having their volunteer time used by Mr. Litton in this manner."   

For more on the background of the ethics issues, see these previous articles:

http://canton-ct.patch.com/groups/politics-and-elections/p/canton-board-of-ethics-releases-opinion-o...

http://canton-ct.patch.com/groups/editors-picks/p/in-the-midst-of-the-canton-garage-proposal-come-et...