Norwich – The Ethics Commission voted unanimously Monday to investigate four new complaints, at least some of which pertain to Norwich Public Utilities officials who participated in lavish Kentucky Derby retreats hosted by the Connecticut Municipal Electric Energy Cooperative.

The Ethics Commission formed an investigation subcommittee of Chairwoman Carol Menard and commission members Christopher Dixon and Robert Ballard to report its findings at a special meeting at 5 p.m. March 20.

The new complaints remain sealed unless the Ethics Commission finds there is probable cause that a violation has occurred and schedules a public hearing. Resident Scott Harrington, however, said he filed complaints naming the four NPU officials – NPU General Manager John Bilda, NPU Division Manager Steve Sinko, utilities commission Chairwoman Dee Boisclair and Vice Chairman Robert Groner – who participated in the controversial trips to the Kentucky Derby hosted by CMEEC.

Harrington said he used a single complaint form to file three complaints against the four Norwich Public Utilities officials.

All four NPU officials along with Mayor Deberey Hinchey were found in violation of the city's ethics code prohibiting gifts of more than $50 on Feb. 13 in response to six complaints filed by other residents.

The Ethics Commission is recommending that the five city officials involved in the trip reimburse all or part of their trip expenses into a fund that helps Norwich families who are struggling financially. The Ethics Commission also recommended Boisclair and Groner not be reappointed to their officer positions on the Norwich utilities commission and not be reappointed to represent the commission on the CMEEC board.

In one of his complaints, Harrington said the four NPU officials should not be allowed to bill CMEEC for their attorney fees hired in the defense of the ethics complaints. All four are being represented by attorney Paul McCary, who is billing CMEEC for his expenses. Harrington said the attorney services should be considered a gift.

“I don't know any attorney around here who works for $50,” Harrington said, referring to the allowed gift limit of $50 in the city ethics code.

According to the CMEEC board of directors bylaws, board members “shall be indemnified and held harmless by CMEEC against all costs and expenses, including reasonable attorney fees and/or defense of suit, actually incurred by them in connection with the defense of any claim, action, suit or proceeding in which they may be involved or to which they may be made a party by reason of their being or having been such Member Representative or Officer.”

The provision lists exceptions to the coverage for “willful or wanton negligence or misconduct in the performance of duty.”

Harrington also complained to the Ethics Commission that participants of a CMEEC-hosted retreat to The Greenbriar, a plush golf resort in West Virginia Oct. 20-23, 2015, violated the gifts limit in the city ethics code. That trip was within the 18-month time limit for the commission's jurisdiction. Bilda, Sinko and Groner attended that trip, which cost more than $100,000, according to expense sheets released by CMEEC.

Harrington also asked the Ethics Commission to investigate Kentucky Derby trips prior to 2016. He argued that while those trips occurred more than 18 months ago, the trips were kept secret by the participants and therefore should be eligible for investigation. Bilda and Sinko told the Ethics Commission during their testimony at the Jan. 19 public hearing that they have attended all four Derby trips dating back to 2013.

CMEEC has not released attendee lists for the 2013 and 2014 trips. Groner and Boisclair are not listed on the 2015 attendee list.

Although Harrington filed his complaints with the Ethics Commission, he said he mainly is angry at the City Council for not addressing the ethics complaints. The commission reports were submitted to the City Council March 6. The council forwarded the reports to the Board of Public Utilities Commission that night, but did not address the recommendations in the report.

According to the city ethics ordinance, agencies with authority over city employees and city officials involved in ethics violations have 60 days to respond to the reports and recommendations.

Harrington said the council has the authority in the city charter to conduct its own investigation, including the authority to subpoena witnesses, and would not be hampered by an 18-month time limit.

“My major, major complaint is with the Norwich City Council,” Harrington said. “They've had this, and have done nothing. The City Council has the power to subpoena Mr. Bilda and everyone else to swear under oath what happened.”

Harrington said he plans to keep putting pressure on city officials to deal with the complaints.

“I am not going away,” Harrington said. “I filed this complaint and I'm not afraid to let everyone know that I filed this complaint.”

c.bessette@theday.com