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    Tuesday, May 14, 2024

    State Elections Enforcement Commission dismisses complaint against Chelsea Gardens

    Norwich — The state Elections Enforcement Commission has dismissed a complaint against the Chelsea Gardens Foundation and two Norwich aldermen that claimed the foundation had hosted a tour of the proposed gardens property prior to the November election to benefit candidates in favor of the project.

    The commission dismissed the complaint filed by resident Roberta Clapper at its April 13 meeting.

    The complaint named foundation President Hugh Schnip and two then-candidates for City Council, Republican Peter Nystrom and Democrat H. Tucker Braddock, both of whom were elected in November.

    No other candidates attended the tour of the 80-acre Mohegan Park property proposed for a $20 million botanical garden project that would include a butterfly pavilion, classroom area, themed gardens, walking trails and a welcome center.

    A ruling posted on the commission website said there was no evidence that Chelsea Gardens Foundation either spent money or “anything of value, made to promote the success or defeat of any candidate seeking the nomination for election, or election or for the purpose of aiding or promoting the success or defeat of any referendum question or the success or defeat of any political party,” quoting a state statute defining election improprieties.

    The commission's investigation also found that rather than limiting the invitations to project supporters, the foundation invited approximately 150 elected officials, all municipal candidates, members of city business and civic organizations, state legislators and the media to the Oct. 24 tour.

    The investigation also found that candidates did not address attendees of the tour, give campaign speeches or hand out campaign literature promoting themselves, which also could have been considered violations, the ruling stated.

    “Based on the facts in this case, there is no evidence to support the allegation that Chelsea Gardens Foundation, Inc., its officers, or the candidates that attended the walking tour to learn about Chelsea Botanical Gardens on October 24, 2015, violated Connecticut's campaign finance statutes,” the ruling concluded.

    Clapper could not be reached for comment Tuesday.

    Schnip said the Chelsea Gardens board of directors is “happy with the decision” and expected the case to be dismissed.

    He said the volunteer board members and supporters spent a lot of time compiling the emails, invitations and other documents presented to the commission to show there was no violation.

    The commission in its ruling cited nearly 11 email invitations and requests to forward invitations to various organizations in Norwich, as well as the invitation list.

    “It was very annoying and with no merit,” Schnip said of the complaint.

    Aldermen Braddock and Nystrom both said they were unaware of the ruling and were relieved but not surprised that the case was dismissed.

    Nystrom called the allegation “a false charge” and said there was “never any merit to the complaint.”

    After the election, the pending complaint cost Braddock an appointment to the Mohegan Park Improvements and Development Committee, which does not directly oversee the Chelsea Gardens project.

    Chelsea Gardens opponents spoke against his proposed appointment to the advisory panel, citing his involvement in the complaint. Two weeks later, the City Council appointed Alderwoman Joanne Philbrick, a vocal critic of Chelsea Gardens, to the Mohegan Park committee.

    Braddock said Monday he still is interested in an appointment to the committee, and not for any reason connected to Chelsea Gardens. Braddock said he has a new puppy, and he and a group of friends go dog walking every Saturday. Dogs are not allowed in Mohegan Park.

    “I felt quite bad I was not on the Mohegan Park committee,” Braddock said. “I am still interested in being on the Mohegan Park committee. One of my interests is: Why do we have a park in the middle of Norwich that doesn't allow dogs?”

    c.bessette@theday.com

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