No Vote (Yet) By Ethics Board Regarding PZC Members

In front of a fairly large group of residents March 1, the town's Board of Ethics officially closed the public portion of a public hearing, but did not vote or take action regarding an ethics complaint filed by a resident against two members of the town's Planning & Zoning Commission (PZC).

One member of the Ethics Board, John Critchley, said he wasn't ready to take a vote that evening. The meeting was continued to Tuesday, March 6 at 7pm at

The Board of Ethics is composed of chairman Kenneth McDonnell, Carol Anderson, John Critchley, Bonnie Fillion and Chris Horvath. They are appointed to their positions by the Board of Selectmen.

Background of the Complaint

Although they do not meet often, the Board of Ethics will meet when presented with a formal complaint. They are meeting now due to a complaint filed by resident Peggy Adler, the complainant, against two members of the town's PZC Lisa MacDonald and Cynthia Watts, the respondents.

is that the two women had clear conflicts of interest regarding an application before the PZC where they should have recused themselves from a vote, which they did not.

John Watts, a local attorney, filed a revised application with the PZC last year to construct a building at 186 East Main Street just east of the police station. John Watts is the brother of PZC member Cynthia Watts. John Watts hired Michael MacDonald, husband of Lisa MacDonald, as his architect for the project.

In the reapplication of his project, John Watts' received approval by the PZC in a vote of 5 to 2 with one abstention. Both Lisa MacDonald and Cynthia Watts voted "yes" to approve.

The People Speak

At their meeting last week, the Ethics Board took in evidence by those attending and listened to others who rose to speak. Anyone giving evidence was sworn in by chairman McDonnell.

Those speaking included Anselmo Delia, Vincent Cimino, Pamela Fritz and Peggy Adler.

Delia, who is a member of the PZC, said he "challenged the ability of Cynthia Watts to sit at earlier meetings. Based on PZC bylaws, it was dangerous for the commission to seat a member who had a conflict of interest of personal reasons."

Delia said he "felt a duty to speak out as it does cast a negative light on the decision."

Cimino told the Ethics Board that Cynthia Watts, who is an attorney, perjured herself when she stated she had never represented her brother John Watts in a previous matter to the town. Cimino read from the minutes of a town meeting that stated "John Watts, represented by attorney Cynthia Watts."

Pamela Fritz, who also is a member of the PZC, said the PZC was "setting a dangerous precedence" for allowing this situation (Watts and MacDonald not recusing themselves) to happen.

"I was ignored," said Fritz when she brought the matter up to the PZC.

In an online, non-scientific poll conducted by the Clinton Patch, 220 people responded. Of that number, 196 said the two members should "be forced to resign from their seats on the PZC immediately; 9 said "they should retain their seats, but take a refresher course on town ethics; 11 said "nothing should be done" and 4 said "other." 

Attorneys for the Respondents Call Proceedings "Farcical" and a "Charade"

Board of Ethics chairman McDonnell said "the facts are undisputed" and that the The attorneys for Lisa MacDonald and Cynthia Watts are asking that the complaint be dismissed, said McDonnell.

Board of Ethics member Chris Horvath said he was "disappointed" that Lisa MacDonald and Cynthia Watts were not at that evening's meeting nor were any of their representatives or attorneys.  But what truly bothered him was the language in the attorneys' letters which Horvath said was "inflammatory."

"This is a very serious case and this board has followed the process very carefully and completely," said Horvath.

Lisa MacDonald is being represented by Herbert Shepardson of Cooney, Scully and Dowling of Hartford; Cynthia Watts is being represented by Justin Clark of Blackwell, Davis and Spadaccini of Manchester, CT.

Shepardson wrote in a Feb. 28 letter that "there is absolutely no basis for a finding of a violation of the Clinton Code of Ethics." He went on to write that, "Frankly, the charade which is being played out in connection with this specious complaint is outrageous. Vicious, unfounded claims have been bandied about..."

Shepardson said of the Ethics Board that "they have no authority to perform independent investigations or pass judgement as to whether they like or don't like a particular decision or vote by a public official."

The attorney for Cynthia Watts, Justin Clark, had similar thoughts in a Feb. 29 letter to the town which stated that Watts confirms that "she committed no violation of the Clinton Code of Ethics" and that "she will not be attending this hearing because of the farcical nature of the proceedings thus far."

Clark also stated that the Ethics Board "exceeded its authority when it found probable cause for violation based upon discussion of pending litigation."

"Ms. Watts' name has been publicly and indiscriminately sullied in the press and on the internet based upon confidential information that has now been made public, and as a result of a finding of probable cause that does not provide a factual basis for most of the allegations made by the complainant in this action," wrote Clark.

The Board of Ethics will meet this Tuesday, March 6 at 7pm at Andrews Memorial Town Hall.  Patch will report on the findings and/or decision of the meeting.