Councilor Dombrowski stated that unfortunately for the public record the only draft he had
before him this evening was the Town Attorney’s redline draft Ordinance; and not the
conversation between Councilor Buhle the Town Attorney. Councilor Buhle stated that she
understands; and that she learned that she would not have telephone conversations with
attorneys.
Chairman St. Vil questioned whether Councilor Dombrowski was doubting Councilor Buhle’s
statements or her interpretation of her conversation with the Town Attorney. Councilor
Dombrowski stated that he did not have anything to back-it up; stating that he was not doubting
the conversation Councilor Buhle had with the Town Attorney; and he was not doubting what
she believed; or what she was saying was not correct. However, he stated the problem was that
the interpretation the Town Attorney provided back to Councilor Buhle struck that language out.
Councilor Ryan questioned whether the draft Ordinance that Councilor Buhle was referring to
was reviewed by the Town Attorney. Councilor Buhle responded stating “No”. Councilor Barnes
questioned whether a review by the Town Attorney was possible and he questioned the reason
they would not do that. Councilor Buhle that she did not feel that any of the changes were so
substantial that they changed the document. Councilor Ryan questioned whether the version of
the Ordinance that Councilor Buhle was making amendments to this evening had been sent to
the Town Attorney for his review, noting that there has been plenty of time to pass that version
through the Town Attorney. Councilor Buhle replied stating “That it has not”; noting that the
Town Attorney took almost 4-weeks to return the previous draft. Councilor Ryan stated had they
given the Town Attorney the updated version then, that they could have come back and had a
Special Meeting to talk about this after they gave it another legal review; especially for an
ordinance, noting that it was law. Councilor Buhle stated that she understood; and that she did
not think that any of the changes from the Town Attorney’s advisory draft were substantial
enough to warrant another legal review at this time. Councilor Ryan stated that he did not
understand the reason they would not let the Town Attorney make that determination; noting that
was what an Attorney does. Councilor Buhle stated sure. Councilor Ryan stated that Councilor
Buhle was not an Attorney. Councilor Buhle stated that she was not; and she stated that every
change that was made to the Attorney’s advisory draft Ordinance was verified through the
Connecticut General Statues; and they were in several other towns’ ordinances. Therefore, she
stated that she was not concerned, noting that furthermore; there was a Severability provision in
there, so if something was not valid that it did not invalidate the entire draft. She stated that she
did not think that they have presented an illegal draft with unenforceable expectations.
Councilor Barnes stated that they have expressed concerns that the proposed “An Ordinance
Establishing a Town of Ledyard Code of Ethics and Ethics Commission” may be inconsistent
with the Town Charter. He stated that he did not refute that the prior comments did not include
that. However, he stated given the concern that was first shared by the Mayor that they ought to
ask the Town Attorney, given the totality of all the revisions, whether this draft was proper. He
also stated that they owed an ask as to whether it was inconsistent with the Town Charter as they
interpret it to be a concern. Councilor Buhle stated that she thought Councilor Barnes had a fair
question. But as she mentioned, and she was going to blunt, if everybody wanted to say they
have already spent $4,000 on the Attorney Review, why would the Attorney return a draft that
was inconsistent with the Town Charter; and if he did why they would pay $4,000 for an
Attorney to review something and give them back something that was inconsistent with their
Town Charter. Councilor Barnes noted that the Town Attorney removed language; Councilor
Buhle interjected stating that the Town Attorney did and the Town Council would determine the
consequence. Therefore, she stated that the Town Council was not going to vote to enforce a
penalty that would break a labor law, that breaks an agreement, or that violated the laws, because
the Ethics Commission does not determine the penalty associated with the violation. Councilor
Ryan stated the Town Council should not have to make that decision, noting that they should not
have anything in-place that could put them in a position, where they were violating a Collective
Bargaining Agreement; or anything like that. Councilor Buhle stated that they should be able to
terminate employees who were unethical, but not subject to a Bargaining Agreement. Councilor
Ryan stated that they were now using a Commission that had the power to change people’s lives.