Another reason

Another reason why I signed the Light and Water Petition

By Julie Farrell

Conflict of Interest

(f) Appearance of conflict. Acting in a manner that would make a reasonable person think you can be improperly influenced is prohibited. (See Section 23(b)(3))


A municipal employee may not act in a manner that would cause a reasonable person to think that she would show favor toward someone or that she can be improperly influenced. Section 23(b)(3) requires a municipal employee to consider whether her relationships and affiliations could prevent her from acting fairly and objectively when she performs her duties for a city or town. If she cannot be fair and objective because of a relationship or affiliation, she should not perform her duties. However, a municipal employee, whether elected or appointed, can avoid violating this provision by making a public disclosure of the facts. An appointed employee must make the disclosure in writing to his appointing official.

As an elected official, I am considered a municipal employee and must comply with the ethics law. I am required to take the Ethics test and file a copy of it with the Town Clerk. I am required to file a Notice of Disclosure with the Town Clerk if I have a conflict or any situation that may appear to be a conflict of interest. All elected officials are required to follow these rules. For example, if I were Chairman of the BOS and I signed the invoice for payment of a piece of property that abuts property that I own, I might be investigated by the Ethics Commission. I would run the risk of being fined between $10,000 and $25,000 for acting in a manner that would improve my property’s value by using town resources.

I would like to clarify a comment that was made on a prior blog posting that stated, “the abuse I took as a commissioner.” It was not abuse. It was merely an utter lack of support on the part of the other commissioners with which I served.  I believe this lack of support stems from an insufficient understanding of the Open Meeting Law (OML) as well as the Conflict of Interest (Ethics) laws. As a TMLWP Commissioner, you are an elected official and must comply with Ethics as well as OML. Chapter 164 does not include an exemption from these laws.

When I was first elected to public office (School Committee), I filed a number of Notices of Disclosure with the Town Clerk. When I was elected to serve as a Light and Water commissioner in 2009, I filed this Notice of Disclosure with the Town Clerk. Once the Notice of Disclosure is on file, it is a public record for the entire world to see.

At the April 2011 TMLWP meeting, the manager, John Driscoll began a discussion of how he had made and received an opinion because he thought one commissioner might have a conflict of interest. The commissioner in question has a daughter who works for National Grid. I started to think this “conflict of interest” might be about me; I was the only commissioner who had a kid who worked for National Grid. Not only did the manager go behind all of the commissioners’ backs to request and receive this opinion, John Driscoll stated he did not have to release the opinion. The other commissioners were okay with the manager going behind our backs to request an opinion that had the potential to get me fined by Ethics to the tune of $10,000. I was not okay with this. I needed that opinion so that I could file a Notice of Disclosure with the Town Clerk in order to protect my daughter and myself.

After the elections in May 2011, where I ran successfully for BOS, I received this note from Leonard Kopelman. There was a lot going on at the time with the recount and Jeff Bennett’s eventual victory as selectman. I knew that the TMLWP manager’s request for the “opinion” was rendered by Kopelman & Paige. I decided to put Leonard Kopleman’s note to use and request the opinion that was withheld by John Driscoll.

This email thread documents the correspondence between Leonard Kopelman and myself.  I did receive the opinion that was rendered by attorney Brian Riley from K&P. Once I received that opinion, I filed it as a Notice of Disclosure with the Town Clerk, as I am required to do under Ethics law in order to avoid an appearance of conflict and a very large fine. Once it was on file with the Town Clerk, it becomes a public record.

At the 2011 TMLWP June meeting, I gave each commissioner a copy of the opinion that had been withheld from us, as well as an opinion that I had from my own personal attorney, Scott Graves. I have had numerous ethics complaints filed against me. I will not speak to ethics unless my attorney is present. I gave each commissioner a copy of the opinion, just in case they ever ran into a situation where the manager obtained an opinion about them behind their backs. I informed the commissioners and the manager that the opinion from K&P regarding my conflict of interest was on file with the Town Clerk.

At the TMLWP March 2012 meeting this blog entry was discussed in Executive session. The discussion concerned the ”highly confidential” informal opinion regarding the possible Conflict of Interest and a certain commissioner. I received no prior notice (48 hours) that this topic was going to be discussed. I had to leave that meeting (TMLWP) to attend a school committee meeting. When I came back, I can only assume the executive session was called because I walked into a discussion about my blog posting. I filed an OML complaint; AG’s office decided not to investigate.

I would like to clarify a few things that have been misstated on the blog. John Driscoll had nothing to do Chapter 93 Acts of 2000, where the Light Department took over the Water department. ( See Timeline Chapter 93 Acts of 2000) John Driscoll was hired after 2000.

Sean Hamilton assumed the position of manager after Jerry Skelton retired. Sean Hamilton was a Light and Water Commissioner at that time. To my knowledge, Sean Hamilton has never worked for Littleton Electric Light & Water Department.

As I stated at the March 2012 TMLWP meeting, if the manager had expressed his concerns about the potential conflict of interest openly, I could have requested an opinion from ethics (at no charge) about the issue. I would have shared that opinion with the commissioners and the manager; as well as the town clerk. It would have had a very different outcome.

I signed the Light and Water Citizen Petition, because the commissioners and the manager of TMLWP are unwilling or unable to comply with the laws that every board, committee and commission are required to comply with.

My opinions…supported by FACTS! ! !

Julie Farrell