Politics & Government

Ethics Board Meets To Discuss Ackley Charges

Members briefly discuss issues in investigation allegations before going into executive session

The Board of Ethics briefly discussed their role in investigating the police chief’s allegations against a city councilor on Wednesday evening before recessing to executive session at the request of the board’s chairman.

The agenda for the meeting included an item to review the “authority and responsibility of the Board of Ethics and the City Council to investigate claims of unethical behavior against a sitting member of the City Council.” Board chairman K. Robert Lewis said the question was whether Police Chief Margaret Ackley’s , who is also a mayoral candidate, was under the purview of the board.

“By our guidelines, I think it is,” he said.

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At a meeting where terms of an agreement for Ackley’s planned January retirement were discussed, Ackley accused Buscetto of undermining her authority in the and creating a hostile work environment. The council was also informed in executive session of Ackley’s intent to sue and a possible settlement agreement, but the specific accusations have been kept private at the request of Ackley and city law director Thomas Londregan.

The council voted to investigate the validity of Ackley’s accusations at that meeting. Mayor Martin Olsen, who told the Board of Ethics that he was attending their meeting at the informal request of other councilors, said the City Council voted on Tuesday to create a subcommittee of Councilors Wade Hyslop, Michael Passero, and Adam Sprecace to make a recommendation for an investigator in the matter.

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Sprecace said on Tuesday that the Board of Ethics has the authority to begin their own investigation if five of the seven members vote to do so. Olsen said Wednesday that the City Council and Board of Ethics may share information gathered by an investigator, but also noted that it is uncertain how much of the matter may apply to the board's authority.

“There’s a lot of ambiguity at the moment,” he said. “Hopefully things will get crystallized over time.”

Lewis also read an e-mail sent to city councilors shortly after Ackley’s complaint asking for the city investigation to cease immediately.

“I want to opine that the council cannot investigate itself, even through the office of the law director. It is for the seven members of the Board of Ethics to follow the proscribed procedure, hire an investigator as necessary and conduct hearings if probable cause is found,” Lewis wrote. “The actions initiated by the council will foment ill will among citizens in a volatile political season, stoke unnecessary confusion and consternation amongst the officials and employees of the city. It is the responsibility of the Board of Ethics to consider the complaint, not Attorney Londregan.”

However, Lewis said on Wednesday that the board did not have the authority to compel the council to stop their actions, and that it would be up to the board to decide whether to share an investigator hired by the council. Board member Sheila McCarthy asked if such a pooling of resources could compromise the matter.

“Wouldn’t it be biased?” she asked. “Should we have an independent one?”

McCarthy also questioned where the money for an investigation would come from. Olsen said it would have to be requested from the council.

“It would be very interesting if the council hired its own investigator and denied us the money to do our own investigation,” said Lewis.

Board member Eunice Waller said she was hesitant to participate in the public portion of the meeting, which was attended by Olsen and two members of the media. She said she was accustomed to the board meeting in private with a secretary to take notes. The board voted soon after to go into executive session per the Code of Ethics.

According to the code, the Board of Ethics may hear complaints regarding city employees and officials. The complaint and related information and hearings are kept confidential unless the person accused of ethics violations requests that they be held in public.

Investigations are to be concluded within 90 days. If the board finds probable cause of a violation, it should make its findings, as well as the entire record of the investigation, public. The board may also take disciplinary action if it determines a violation has taken place or recommend a punishment to an appropriate authority.


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