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HomeMy WebLinkAbout2025-09-08 25-270 Order *��a�$qH a CITY COUNCIL ACTION / !,�/' 1�,, Council Meeting Date: 09/08/2025 If��-' �'� Item No: 25-270 _ - _ . -,,�, `�n�= � '��A����ti Responsible Dept: Choose Q ren,� Requested Action: Order Map/Lot: N/A Title, Order Referring the Issue of Private Communications Between City Councilors Following the City Council Budget Workshop of May 7 to the City's Board of Ethics for an Advisory Opinion Summary This order would refer to the City's Board of Ethics for an advisory opinion the issue of whether private communications between City Councilors following the City Council Budget Workshop of May 7, 2025 constituted one or more violations of the City's Code of Ethics. The City's Code of Ethics allows for the City Council to request an advisory opinion from the Board of Ethics as to whether a particular situation constitutes a violation(s) of the Code of Ethics. Upon referral of a question(s), the Board of Ethics may conduct fact-finding, deliberate, and issue findings and an advisory opinion with respect to the question(s) referred. Committee Action Committee: 0 Meeting Date: Action: 0 For: Against: Staff Comments &Approvals �� - ��� �� City Manager City Solicitor Finance Director Introduced for: New Business � �-art_aa;y�� CITY OF BANGOR ORDER c�*�'; ,°�+ i%�m��;� ��m Date: 09/08/2025 f��. ,n�_:-.... _.=�;M �,v�. .� Item No: 25-270 'AJ°�'�`�� �`4 °Rar�n,��-�� Assigned to Councilor: Leonard Referring the Issue of Private Communications Between City Councilors Following the City Council Budget Workshop of May 7 to the City's Board of Ethics for an Advisory Opinion WHEREAS, the Bangor Code of Ordinances, Chapter 33, § 33-21, provides that a City Councilor may submit a written statement in the form of a Council order to the City Council describing the nature of a matter to seek advice on whether a situation constitutes a violation of the Code of Ethics; and WHEREAS, following the City Council budget workshop of May 7, a series of private communications occurred among City Councilors regarding potential disciplinary action against Councilor Joseph Leonard, whose comments prompted the resignation of the City's Finance Director; and WHEREAS, these private communications included, but were not limited to: A May 8 text message exchange wherein Councilor Dan Tremble asked Council Chair Cara Pelletier whether the Council could strip Councilor Leonard of his speaking, voting, and committee privileges, to which Council Chair Pelletier confirmed the Council had the power, and Councilor Tremble indicated his agreement to proceed. Text messages from Councilor Carolyn Fish to Councilors Susan Deane and Susan Hawes immediately following the May 7 meeting to deliberate on the nature of Councilor Leonards conduct. A subsequent "flurry" of text messages and requests for phone calls among councilors to arrange a private meeting to discuss the matter further. WHEREAS, this pattern of serial communication and private deliberation to build consensus on official Council business appears to be a direct contradiction of Chapter 9, § 9-22 of the Bangor Code of Ordinances, which states the Councils intent that its "deliberations be conducted openly" and that "clandestine meetings" shall not be used to defeat this purpose; and WHEREAS, the discussion of a sensitive personnel matter with potential legal ramifications for the City via non-secure, private communications may be in conflict with the principles of Chapter 33, § 33-7, concerning the handling of confidential City affairs; NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT, The City Council hereby refers this matter to the Bangor Board of Ethics. The Board is directed to: Make findings of fact regarding the private communications between City Councilors from May 7 onward concerning the actions of Councilor Leonard and the resignation of the Finance Director. Render an advisory opinion to the City Council as to whether this series of actions constitutes a violation of the Bangor Code of Ordinances, specifically the provisions for open deliberations and the handling of confidential information as cited herein. IN CITY COUNCIL SEPTEMBER 8, 2025 CO 25-270 Motion made and seconded for Passage Vote: 7—2 Councilors Voting Yes: Beck, Deane, Fish, Hawes, Leonard, Mallar, Pelletier Councilors Voting No: Fournier, Tremble Passed � DEPUTY CITY CLERK