Unfortunately, I have been having some technical problems with my modem. Hopefully it will be resolved by Wednesday.
We did “try” the webcam broadcast. It works fine, but there is one problem. The Town Hall doesn’t have wireless internet so I guess it is back to the drawing board. I am in the process of re-loading some of my old shows I originally broadcast on Cox Public Access. I will try to upload again the end of the week. I had a problem probably because of this modem issue. So we will have to wait and see.
A local resident (whose name I will not disclose at this time) has written the Town Attorney Dwight Johnson asking that Mr. “Major Businessman” on the Inland Wetlands Commission (I also am not going to name this person until I at least speak to him), recuse himself from voting on the plans submitted by W/S Development’s “Lifestyle Center” which would be constructed near the I-691 Interchange.
In July, the Planning and Zoning voted to approve the zone change which includes mixed use. Apparently, Mr. M.B. back in July asked his attorney if it would be necessary to recuse himself from the “Cheshire Rt. 10 LLC Hearing. Mr. M.B.’s attorney said it was not necessary as he was not an owner, his brother was a minority owner and his brother did not live with him, according to information in “the letter.”
The local resident states that Mr. M.B. should recuse himself because of certain “actions” that Mr. M.B. supposedly engaged in i.e. taking down “No Mall” signs and wearing “Yes” buttons.
As of today, no response has been received from the Town Attorney. But, I know the town is busy with the Three Strikes Rally to take place Wednesday, Aug. 15 at 7 p.m. in Bartlem Park across from Cheshire High School on Route 10.
This is a good and noble undertaking by Ms. Bartoli not just for the Petit tragedy but for ALL victims of crime throughout our state and our nation.
I know our town leaders are preparing for the onslaught of people-but this issue needs to be addressed now. I did try to spread a little harmless “fun” on my website. I hope you will take time to laugh a little. Remember: I only tease people I like!!!
Now I have some info on just what a “conflict of interest” is.
Ways to mitigate conflicts of interests
Removal
The best way to handle conflicts of interest is to avoid them entirely. For example, someone elected to political office might sell all corporate stocks that he/she owns before taking office, and resign from all corporate boards. Or that person could move his/her corporate stocks to a special trust, which would be authorized to buy and sell without disclosure to the owner. (This is referred to as a “blind trust“.) With such a trust, since the politician does not know in which companies he/she has investments, there should be no temptation to act to their advantage.
Short of avoiding conflicts of interest, the best way to deal with them are one or more of the following (mitigation) measures:
Disclosure
Commonly, politicians and high-ranking government officials are required to disclose financial information - assets such as stock, debts such as loans, and/or corporate positions held, typically annually. To protect privacy (to some extent), financial figures are often disclosed in ranges such as “$100,000 to $500,000″ and “over $2,000,000″.
Certain professionals are required either by rules related to their professional organization, or by statute, to disclose an actual or potential conflict of interest. In some instances, the failure to provide full disclosure is a crime.
Recusal
Those with a conflict of interest are expected to recuse themselves from (i.e., abstain from) decisions where such a conflict exists. The imperative for recusal varies depending upon the circumstance and profession, either as common sense ethics, codified ethics, or by statute. For example, if the governing board of a government agency is considering hiring a consulting firm for some task, and one firm being considered has, as a partner, a close relative of one of the board’s members, then that board member should not vote on which firm is to be selected. In fact, to minimize any conflict, the board member should not participate in any way in the decision, including discussions.
Judges are supposed to recuse themselves from cases when personal conflicts of interest may arise. For example, if a judge has participated in a case previously as some other judicial role he/she is not allowed to try that case. Recusal is also expected when one of the lawyers in a case might be a close personal friend, or when the outcome of the case might affect the judge directly, such as whether a car maker is obliged to recall a model that a judge drives. This is required by law under Continental civil law systems and by the Rome Statute, organic law of the International Criminal Court.
Third-party evaluations
Consider a situation where the owner of a majority of a publicly held corporation decides to buy out the minority shareholders and take the corporation private. What is a fair price? Obviously it is improper (and, typically, illegal) for the majority owner to simply state a price and then have the (majority-controlled) board of directors approve that price. What is typically done is to hire an independent firm (a third party), well-qualified to evaluate such matters, to calculate a “fair price”, which is then voted on by the minority shareholders.
Third-party evaluations can also be used as proof that transactions were in-fact fair (”arms-length”). For example, a corporation that leases an office building that is owned by the CEO might get an independent evaluation showing what the market rate is for such leases in the locale, to address the conflict of interest that exists between the fiduciary duty of the CEO (to the stockholders) and the personal interest of that CEO (to maximize the income that the CEO gets from owning that office building).
Codes of ethics
Generally, codes of ethics forbid conflicts of interest. Often, however, the specifics can be controversial. Should therapists, such as psychiatrists, be allowed to have extraprofessional relations with patients? Ex-patients? Should a faculty member be allowed to have an extraprofessional relationship with a student, and should that depend on whether the student is in a class of, or being advised by, the faculty member?
Codes of ethics help to minimize problems with conflicts of interest because they can spell out the extent to which such conflicts should be avoided, and what the parties should do where such conflicts are permitted by a code of ethics (disclosure, recusal, etc.). Thus, professionals cannot claim that they were unaware that their improper behavior was unethical. As importantly, the threat of disciplinary action (for example, a lawyer being disbarred) helps to minimize unacceptable conflicts or improper acts when a conflict is unavoidable.
As codes of ethics cannot cover all situations, some governments, e.g., Canada, have established an office of the ethics commissioner. Ethics commissioner should be appointed by the legislature and should report to the legislature.