New London ethics board dismisses complaint against mayor
New London - Reid Burdick’s ethics complaint against Mayor Daryl Justin Finizio will not result in a hearing after all - but not because of Burdick’s request to withdraw the complaint.
The Board of Ethics on Thursday dismissed the case because of a lack of voting members, or more precisely “due to the conscious and consistent non-participation of two members of the Board,” according to a “Notice of Final Action,” from Chairman K. Robert Lewis obtained by The Day.
There are six members on the seven-member ethics board. Members Constance Fields and Minerva Dudley-Clark were absent from Thursday’s meeting.
The four remaining members – Lewis, Karen Paul, Dennis Downing and David Hersant - adopted a resolution that reads: “The Board is incapable of reaching a finding as required under section 15-211 (b)(7) which reads that ‘no finding of violation of this code shall be made except upon the concurring vote of five members of the Board’ as recent history has shown that there is only participation by four members of the Board.”
Lewis released the information Monday in the form of a written statement.
Burdick filed the complaint on April 21, following a City Council meeting in which Finizio called Burdick’s comments about him “homophobic.” Burdick had criticized a proposed tax increase and asked, “how do you accept a 12½ percent increase from a guy who doesn’t own a house or a car.”
Finizio said he pays taxes on a house and car under his husband’s name and said Burdick’s repeated claims that he did not pay taxes “homophobic.” He said Burdick would not have made the same claims about a heterosexual couple. Burdick denies the comment was aimed at Finizio’s sexual orientation.
The Board of Ethics in August announced they had found probable cause for Burdick’s complaint and announced grounds for a hearing to determine whether Finizio had violated the city’s code of ethics. Both Finizio and Burdick secured services of an attorney.
Burdick requested a withdrawal of his complaint after Finzio’s loss in the Democratic primary. He called it a waste of taxpayers' money while criticizing the board’s predominately Republican make-up.
On Monday, Burdick renewed his criticism of the board, calling for a regional board of ethics that he said could take a more independent look at complaints. Burdick said the board’s decision to drop the complaint because of a lack of enough members present, “only confirms my opinion this whole committee is dysfunctional.”
“They should resign and the council should disband them,” Burdick said.
Lewis was not immediately available to comment. In a June 22 letter to Michael Tranchida, head of the City Council’s Administration Committee, Lewis urged the council to publicize and solicit interested volunteers for the ethics board, which is set up as a seven-member panel.
“For some time the BOE has been steady at five (5) with one who has attended a minority of the meetings, effectively leaving the Board with four members with which to do the business of the citizens of New London,” Lewis wrote. “The charge of our fellow citizens can most appropriately be met by a deliberative panel of seven individuals.”
Paul was later added to the panel.
g.smith@theday.com
Twitter: @SmittyDay
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