NORTHFIELD — The upcoming election for Selectboard has opened questions regarding potential conflicts of interests, as both candidates running for the three-year term are already employed by the town in other capacities.
Robert Leighton is police chief, and Alex Meisner is a sewer commissioner.
The two have different legal statuses. As a sewer commissioner, Meisner is an elected volunteer. He was elected as a write-in candidate to a one-year term in May 2017. This year, he receives a stipend of $523.66, which would increase next year to $538.06, a 2.75 percent increase. Meisner is running unopposed for re-election as commissioner for three years.
The Board of Sewer Commissioners operates Northfield’s wastewater treatment plant, which serves the central area of town, including the former campus of the Northfield Mount Hermon School, now in Gill. Meisner has said if he were elected to the Selectboard and a potentially problematic situation involving the two boards arose, he would resign from his position on the Board of Sewer Commissioners.
The chief of police is appointed by the Selectboard. His current contract is for three years, and began Jan. 1, 2017, for $95,000 per year with a yearly raise of $3,000. Leighton has worked for the Northfield Police Department in various capacities since 1987. He said he was promoted to his current position in 2013. Leighton does not plan to resign if he is elected to Selectboard.
“Before tossing my hat in the ring, I contacted the State Ethics Commission to determine the appropriateness of my serving the town in two capacities,” Leighton said in an email. “I was assured that there is no reason that I cannot serve the town as police chief and Selectboard member. … I have been aware of conflict of interest laws during my years of service as a town employee, and would have no difficulty adhering to these laws in the future.”
A State Ethics Commission public information officer referred to several advisory documents available on the Ethics Commission’s website. Due to the commission’s confidentiality policies, its employees cannot discuss details of specific cases and can only speak in general terms about the law. According to these advisory documents, the conflict of interest law prohibits municipal employees from having financial interests in multiple contracts with the municipality. Also according to the advisory, this law is generally interpreted to mean that individuals cannot hold multiple positions in a town.
There are multiple exemptions to this law listed in the advisory documents, including one that applies specifically to selectboards in towns with populations of less than 10,000. Northfield’s population is about 3,000.
To qualify for the exemption, a candidate must meet three requirements. Two are relatively straightforward: the employee can receive compensation from only one of his positions, and the employee cannot be appointed to any other town positions while serving on the Selectboard and for six months after his service ends.
The third requirement is that as a selectman, the employee cannot vote or act on any matter brought before the board that would involve the other agency that employees him. In this case, Leighton as a selectman would have to recuse himself from any discussions regarding the Northfield Police Department, and Meisner would have to recuse himself from any discussions regarding the wastewater treatment plant.
If a question regarding the police or the wastewater treatment plant were to come to the Selectboard and the other two Selectboard members opposed one another, creating a “stalemate” situation, the recused selectboard member with the conflict of interest would be allowed to vote on the issue by the “rule of necessity,” according to an advisory from the Mass.gov website.
The conflict of interest law imposes certain restrictions on the political activities of all public employees, even those who hold only one office, according to another advisory from the Ethics Commission on the political activity of public employees.
According to the advisory, department heads are always expected to advise governing bodies like the Selectboard on decisions pertaining to their departments. Whichever candidate is elected would have to advise the Selectboard on matters pertaining to his other department while he is recused from the conversation in his capacity as a selectman.
Beyond advising governing bodies, public employees may not use their public positions as political leverage. Specifically, public employees cannot use any of the resources or privileges afforded by their positions toward political ends. While campaigning, Meisner and Leighton cannot refer to their work in their respective departments, except as biographical details. If either were to use material resources of his department, like computers, phones, printers or paper, for campaign purposes, it would be seen as leveraging the resources of that department for political ends unrelated to the department, and would be a conflict of interest. Likewise, they cannot campaign while on department time.
Contact Max Marcus:
413-772-0261, ext. 261
mmarcus@recorder.com