III.
RESIDENTS & PROPERTY OWNERS COMMENTS
Mr. Milton Dave Schroeder, Jr., 290 Whalehead Road, Gales Ferry, stated before he
begins his comments that he wanted to be clear that his comments were not intended
as a personal critique of the Town Attorney, noting that he appreciated the time and
expertise he has contributed in editing the draft Ordinance Creating a Code of Ethics
and Establishing an Ethics Commission. He stated the Town Attorney’s insights are
clearly thoughtful, grounded in legal reasoning, noting he recognized that he was
speaking without the benefit of having heard the Town Attorney’s full explanation
for the revisions that have been made.
Mr. Schroeder went on to state in the interest of keeping this discussion focused on
the content rather than individuals, that he would refer to the proposed revisions
simply as "the attorney edits" or "the edits."
Mr. Schroeder continued by stating as someone who was not legally trained, that
he understands that some of these edits may be intended to streamline the
language, removing redundant definitions or simplifying structure. He noted where
that was the case, that he fully supported those changes. Clarity and simplicity
serve everyone. However, he noted that there were other edits that he found more
difficult to understand, and, in some cases, entire sections of the draft have been
eliminated. He stated that he worried that these edits may substantially alter the
intent or effectiveness of the Ethics Code itself.
Mr. Schroeder questioned whether the State provided a model template or example
language to help municipalities establish effective codes of ethics and ethics
commissions? He stated after more than a year of effort, it's worth asking: “Have we
simply recreated what already existed, or have we truly improved upon it?” He also
questioned whether it was really this challenging to arrive at a workable Ethics Code
with clear enforcement mechanisms, and he questioned whether they have even
managed to do that? He stated that it would be helpful to understand how this edited
draft compares to those already adopted by neighboring towns; many of which have
relied on more standardized, broadly accepted language.
Mr. Schroeder stated given the time and energy invested in this process, one would
hope this Committee has produced a document that not only reflected the best
practices, but sets a high standard. Otherwise, he stated that they risk ending up with
a code that appears substantial but ultimately lacks the scope, authority, and the
enforceability needed to be truly effective; and if was not effective, that perhaps the
town would have been better served with the model template(s) and generic
language.
Mr. Schroeder stated that he had about 1 ½ pages of comments regarding specific
sections of the draft Ordinance. Councilor Buhle thanked Mr. Schroeder for his
comments noting that the Town Council had a Special Meeting scheduled for 6:30
p.m. this evening. Therefore, she asked in the interest of time, that Mr. Schroeder
leave his 1 ½ pages of comments regarding specific sections of the draft Ordinance
with her this evening for the Administration Committee to review as part of their