Board Of Ethics Finds Probable Cause In Ackley Allegations

The Board of Ethics has determined that there is probable cause that City Councilor Michael Buscetto III violated the city’s Code of Ethics.

K. Robert Lewis, the board’s chairman, said in a press release on Saturday that Police Chief Margaret Ackley's complaint accuses Buscetto of two violations of the standards of conduct section, one violation of the conflict of interest section, and one violation of the confidential information section of the code. Members voted 6-1 on Sept. 29 in favor of finding probable cause on each section except confidential information, where the vote was 5-1 in favor with one member abstaining.

Lewis said a 14-day period for Buscetto and Ackley to reach a settlement ended on Thursday. According to the Code of Ethics, if the board determines probable cause exists in a complaint it must hold public hearings to hear evidence before making a final determination on the complaint. The board will meet on Monday at the to discuss the hearing procedure, as well as places and times the hearings may be held. The board has also retained attorney Edward Casella of Old Saybrook as counsel.

Ackley’s complaint himself from City Council executive sessions where Ackley’s retirement agreement and claims against Buscetto were discussed. The complaint was filed with the Board of Ethics on Aug. 25.

“The Code of Ethics mandates an official who has a financial or personal interest in the outcome of any matter neither engage in deliberations, act on any matter or communicate about such matter with any person who will participate in the action to be taken on such matter,” the complaint states.

Buscetto, in a response filed on Sept. 22, said the complaint is insufficient because no reason was given for a recusal and because no vote was required in the discussions. He also denied disclosing any confidential information or having a personal or financial interest in the matter, and said he had a right to hear the allegations against him. Buscetto said the complaint was based more on suspicion than fact.

“If this were to be considered probable cause, it would allow any person coming before the Council to eliminate any councilor they wanted from hearing information by simply requesting that a person recuse themselves without stating facts to support such a request,” he said. “The chilling effect that could follow would put the elected officials in New London in a position that would make it nearly impossible to govern effectively.”

On Aug. 24, Ackley at a City Council meeting. The accusation followed an to discuss Ackley’s employment. Ackley said Buscetto had made defamatory comments and attempted to undercut her authority in the , leading to her decision to retire in January. A retirement agreement would keep Ackley on the city’s health plan, with the city paying half the cost, until the age of 65 in exchange for Ackley ceding payment for earned sick and compensation time. The agreement also allows Ackley to revoke the agreement and remain chief within 21 days of its acceptance or between Dec. 15 and Dec. 31.

In a letter from Ackley’s attorney, Shelley Graves, to New London law director Thomas Londregan on July 29, Graves says Ackley has retained her due to concerns about “issues and happenings that are tantamount to a hostile working environment and involve conduct by other city employees, agents and representatives aimed to impede her ability to effectively function as police chief for the City.” In an Aug. 10 letter to Londregan, Graves says the executive session included incidents and issues that “provide a legal basis for the bringing of a lawsuit by Chief Ackley against the City for gender discrimination and harassment.”

“Chief Ackley has repeatedly complained and made known to City officials the defamatory remarks, threats and improper systematic interference orchestrated by Councilman Buscetto, yet they have not taken any action to address or stop his conduct,” Graves wrote on Aug. 10.

The Aug. 10 letter also asks the City Council to authorize Londregan to negotiate an exit agreement with Ackley, with Graves saying the incidents made her decide that it is not in her best interest to remain chief. It states that Ackley wishes to resolve the matter without litigation, and asked for the initial meeting to be held in private so as not to “bring negative attention to the City by publicizing these incidents unnecessarily.”

Buscetto has said the accusations are politically motivated and that his name did not come up during Ackley’s retirement negotiations. Buscetto was the for the newly strengthened mayor’s office at the time of Ackley’s complaint, but to attorney Daryl Finizio in a subsequent primary. Buscetto has since for the office.