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Can a Selectman Appoint a Family Member to a Job?

The recent appointment of a new town administrator for Milford raised questions about why a selectman who voted was able to vote for a relative.

 

Last week, Milford Selectman Dino DeBartolomeis participated in a vote to appoint attorney Richard Villani as the town's new administrator.

Villani happens to be his second-cousin. How was DeBartolomeis allowed to participate in discussion and vote on his appointment?

The state's Conflict of Interest law prevents elected municipal officials from participating in a matter in which they, or their immediate family, or business, have a financial interest. But those family members are clearly defined in the law: parents, children, siblings, spouse, and spouse's parents, children, and siblings.

Elected town officials also are required to avoid the appearance of a conflict of interest. Elected officials "may not act in a manner that would cause a reasonable person to think that she would show favor toward someone or that she can be improperly influenced," the summary states. "If she cannot be fair and objective because of a relationship or affiliation, she should not perform her duties. However, a municipal employee, whether elected or appointed, can avoid violating this provision by making a public disclosure of the facts."

DeBartolomeis disclosed the relationship, in a meeting of Milford Selectmen on Feb. 6, as the three-member board was beginning to interview finalists for the town administrator position. He also filed the disclosure Feb. 5 with the Town Clerk's office.

In making the public disclosure, DeBartolomeis said the relationship was more of acquaintance, and said it would not affect his decision on choosing a town administrator. "I have checked with town counsel and there is not a conflict of interest. Mr. Villani is not of my immediate family within the meaning of the law. I did, however, want to make a public disclosure . . . so there would not be a perception of a conflict of interest."

Jim Lampke, president of the Massachusetts City Solicitors and Town Counsel Association, said legislators clearly defined the "immediate family" relationships, he said. A cousin would be considered a more distant relationship, he said. "The law allows that."

About this column: This column will respond to questions asked by Milford Patch readers. Related Topics: Dino DeBartolomeis, Milford Selectmen, Richard Villani, and Town Administrator

Milford Senior Man

10:08 am on Monday, March 4, 2013

Nothing to see here folks, move along.

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carl berke

10:36 am on Monday, March 4, 2013

Oh? The Milford Once and Future Selectman gets an automatic pass? Seems like we have heard from the eminent Milford Oracle. What are you hiding?

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Ray Fellows

1:13 pm on Monday, March 4, 2013

Dino fully disclosed his relationship BEFORE the interviews even began. Rich is very qualified and not related to the other two selectman.

Children Across America also has a conflict of interest(COI) policy which requires us to disclose any relationship to anyone looking to be involved with our organization. THAT satisfies ant appearance of impropriety. Nothing was hidden in this event and I see no conflict here.

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Lindy Smith

2:50 pm on Monday, March 4, 2013

It is of course a conflict of interst, will show up when he rfuns again

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Myd Nevins

5:02 pm on Monday, March 4, 2013

I don't see a problem as he has been open about this and the matter was presented to town counsel to review.

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Ray Fellows

5:11 pm on Monday, March 4, 2013

Its NOT a conflict of interest when you publicly disclose it and the towns legal counsel is advised. Would you disqualify a strong candidate because he was a SECOND cousin to a selectman?

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Remember When

5:15 pm on Monday, March 4, 2013

It would be one thing if he was not qualified to handle the responsibility that goes with the position. It did not appear to be a problem with the other selectmen, or Town Counsel, and is not included in the State definition of close family member. If you are from Milford, not Just live here, you have at least 100+ cousins if you count 2nd cousins as this relationship is. That is why you can't marry someone from town. (Joke)

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