HomeMy WebLinkAbout2025-09-22 25-282 Order CITY COUNCIL ACTION 09/22/2025 25-282
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,i� " ,� Council Meeting Date: 09/22/2025
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� ^''��� Item No: 25-282
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Title, Order
Referring the Issue of City Councilor Wayne Mallar's Actions During the August 14, 2025 Historic Preservation
Commission Meeting to the City's Board of Ethics for Advisory Opinion
Summary
This Order would refer to the City's Board of Ethics for an advisory opinion the issues of whether
Councilor Wayne Mallar's actions during the August 14, 2025 Historic Preservation Commission
meeting 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.
The Council requests an advisory opinion from the Board of Ethics on the following questions: (1)
whether Councilor Mallar violated Sections 33-13.1(B) or (C) of the Ethics Code; (2) whether
Councilor Mallar violated 33-13.1(D) of the Ethics Code, particularly with respect to Title 1 M.R.S.
§403 by communicating with the members of the Historic Preservation Commission ex parte during
the recess regarding the pending application before the Commission; (3) whether Councilor Mallar
violated Section 33-1 of the Ethics Code, which requires that City Councilors "maintain a standard of
conduct that will inspire public confidence in the integrity of the City's government"; and (4) whether
Councilor Mallar violated any other provisions of the Code of Ethics.
Committee Action
Committee: Meeting Date:
Action: Recommend for passage For: Against:
Staff Comments &Approvals
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City Manager City Solicitor Finance Director
Introduced for: New Business
������i�;�,��.�� CITY OF BANGOR ORDER 09/22/2025 25-282
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��� ����� Date: 09/22/2025
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" � � ����^� Item No: 25-282
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�°���.,�,��.;��� Assigned to Councilor: Tremble
Referring the Issue of City Councilor Wayne Mallar's Actions During the August 14, 2025 Historic Preservation
Commission Meeting to the City's Board of Ethics for Advisory Opinion
WHEREAS, it has been alleged that City Councilor Wayne Mallar had ex parte communications with the
Historic Preservation Commission during their recess at the August 14, 2025 Historic Preservation Commission
meeting; and
WHEREAS, it has also been alleged that City Councilor Wayne Mallar stated that he was speaking on behalf of
the City Council when he communicated with the Historic Preservation Commission on August 14, 2025;
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT,
The City Council refers this matter to the Board of Ethics for investigation and an advisory opinion regarding
Councilor Wayne Mallar's actions at the August 14, 2025 Historic Preservation Commission meeting.
The Council requests an advisory opinion from the Board of Ethics on the following questions: (1) whether
Councilor Mallar violated Sections 33-13.1(B) or (C) of the Ethics Code; (2) whether Councilor Mallar violated
33-13.1(D) of the Ethics Code, particularly with respect to Title 1 M.R.S. §403 by communicating with the
members of the Historic Preservation Commission ex parte during the recess regarding the pending
application before the Commission; (3) whether Councilor Mallar violated Section 33-1 of the Ethics Code,
which requires that City Councilors "maintain a standard of conduct that will inspire public confidence in the
integrity of the City's government"; and (4) whether Councilor Mallar violated any other provisions of the Code
of Ethics.
The Board of Ethics is directed to issue written advisory findings and conclusions with respect to each of the
above issues.
IN CITY COUNCIL
SEPTEMBER 22, 2025
CO 25-282
Justin Cartier commented that there seemed to be some fighting between Councilors and they should be work towards
working together.
Motion made and seconded for Passage
Vote: 6—0
Councilors Voting Yes: Beck, Deane, Fish, Mallar, Tremble, Fournier
Councilors Voting No: None
Passed
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CITY CLERK