Gould disputes merits of conflict charges

by Julie Weisberg - September 15, 2005

A resident who filed a conflict of interest investigation request with the Council on Ethics regarding Second Selectman Marilyn Gould is “misinformed,” according to Ms. Gould.

In an open letter to the Wilton community she sent to The Bulletin Tuesday — her first extensive public comments about the apparent specifics of the ethics complaint — Ms. Gould said the complainant, John Dempsey of DeForest Road, has claimed that the use of the high school field house by community organizations with which she is involved constitutes a “substantial financial interest and a substantial personal interest.”

“The complainant is misinformed,” she wrote in her letter to citizens. (The entire letter accompanies this story.)

The merits of the conflict of interest claim, which was filed by Mr. Dempsey early last month, are being investigated by the Council on Ethics. Earlier this week the council released a statement of procedure it will use to guide it through the investigation, which council members said will require more than the 45 days “generally” required for an investigation, according to the town’s ethics code.

At issue is Ms. Gould’s Wilton-based company, MCG Antiques Promotions Inc., which she says produces, promotes, and manages a handful of yearly antiques shows “for nonprofit organizations in Wilton and several museums throughout the Northeast and Middle Atlantic.” The company, however, is private and for profit.

“MCG Inc. represents the Drum Hill Chapter of the Daughters of the American Revolution, of which I am a member, the John Corr Memorial Scholarship Fund, which provides a yearly scholarship for Wilton’s top scholar-athlete, as well as the Wilton Kiwanis Club, of which I am also a member,” Ms. Gould wrote in her letter.

In addition, Ms. Gould also serves as the executive director of the Wilton Historical Society, which is a paid position.

According to Ms. Gould, the field house has been rented for the Wilton Historical Society Antiques Show since 1977, and since 1988 the Wilton Historical Society craftsmanship show, DAR and John Corr fund benefit antiques shows have also used the high school facility for events.

In a written statement e-mailed to The Bulletin late Tuesday night, Mr. Dempsey said Ms. Gould has failed to disclose her rental and/or use of town property as the paid executive director of the Wilton Historical Society, or as the owner and operator of her private production company, MCG Inc.

“Other elected officials have disclosed various business dealings with the town, some significant, some not so significant,” he wrote in his letter to The Bulletin, which missed the letters deadline for publication this week.

Mr. Dempsey added that in addition to disclosure, town officials often recuse themselves “from voting on particular issues to avoid any appearance of conflict.”

“The question, in the language of the Code of Ethics, is whether our Second Selectman Gould has a substantial financial or personal interest, direct or indirect, in any decision of the town, or any transaction or any contract with the Town, that she is in a position to influence or decide upon. If so, written disclosure to the town clerk is required,” Mr. Dempsey wrote.

But Ms. Gould said the WHS field house is open for rental by private businesses both inside the town and out, and its availability and “the terms of use are determined solely by the Board of Education.”

“The field house is leased at a rate set by the Board of Education,” Ms. Gould wrote. “In addition to paying the prescribed user fee, the user also pays for police and fire services and custodial services. Any community organization is entitled to use the field house on the same terms.”

According to Kenneth Post, the financial planning and operations director for Wilton public schools, to rent out the field house or any school facility, an interested party would first contact the high school office where they would pick up a one-page application for the space. Once the paper is filled out, it is first handed off to the school’s principal who ensures that the space is not already slated for use by a school sport or other community organization for the requested time period. Then, once the principal signs off that the space is available, Mr. Post said it may also necessary for the local police and fire departments to sign off as well, particularly if there will be more than 100 people attending the event.

Once the required individuals sign off on the application, it is then forwarded to the school district’s central office where it receives its final approval from the district’s facilities manager. Previously, that was the position and responsibility of James Crafts until his death earlier this year. While the school system is in the process of hiring a new person for the position, Mr. Post said he will be giving the final approval on all requests to rent out the field house or other school facilities.

According to the school board’s policy, there are five categories of organizations or individuals that may rent out a school facility: a Wilton public school group or activity, a Board of Education-approved nonprofit group or charity, a Wilton-based nonprofit group or charity, a Wilton-based commercial entity or outside based nonprofit group or charity, and all other organizations based outside of Wilton.

The daily fee schedule for each school facility — which is solely set by the school board — is based upon these categories. For the field house, the first two categories mentioned above may use the space free. The fee for the third category is $520, for the fourth category $1,700, and for the fifth category, $3,300. Ms. Gould’s company, therefore, would fall under the fourth category, which is charged $1,700 a day rental fee on the field house.

Mr. Post said last year the school district made around $40,000 to $45,000 from renting out school facilities. Half of this income, he said, is from the field house.

Included in the district’s fee schedule is a note that states the school “board may periodically update these fees in consideration of marketplace conditions.” The schedule was last reviewed and revised in June 2004.

“As a selectman, I have no ability to set policy or fees, for this is fully the responsibility of the Board of Education,” Ms Gould wrote in her letter. “Accordingly, I am at a loss to understand the complainant’s contention that such use of the field house creates a violation of the Code of Ethics.”

This is the second request the council has received regarding Ms. Gould in the past 14 months.

The first request, filed by Michele Dunn of Ambler Lane, claimed that Ms. Gould could have gained financially from a request by the Ambler Farm Committee, on which Ms. Gould also serves as a volunteer, for a special permit for quasi-public use in a residential area for the Ambler Farm property. At that time, Ms. Dunn was concerned that this would allow the farm to be rented out for large events such as weddings and bar mitzvahs.

The ethics council, however, declined to pursue an investigation into Ms. Gould regarding her involvement with the Ambler Farm Committee, as the three-member council ruled there was not enough information provided by Ms. Dunn to warrant further investigation.

The council voted unanimously that a financial conflict of interest did not exist, and voted 2-1 against a personal conflict of interest, with Mr. Mastro casting the dissenting vote.

The proposal to expand and renovate a barn at Ambler Farm was approved by the Planning and Zoning Commission earlier this year. This includes a bathroom and kitchen facilities and will allow greater public access, although the property is restricted to four night time “social” events a year and would not include such large-scale events as weddings.

Due to the complexity of Mr. Dempsey’s request, Council on Ethics Chairman Paul Burnham said Monday the board will need more than the 45 days usually allotted to the board for its conflict of interest investigations into the conduct of Selectman Gould.

Although the town’s Code of Ethics states the council “generally” has 45 days to determine if a complaint is a valid one, Mr. Burnham said the council has found that 45 days will not be enough to properly complete the investigation.

“Most can be handled with within that time frame, but it appears that this one cannot,” Mr. Burnham said of the conflict of interest investigation into Ms. Gould’s conduct during the council’s meeting Monday night at town hall.

Because of this, the council, which also includes John Mastro and Laurance Mauer, has created a “statement of procedure,” which includes a timeline and guidelines to follow as the council continues its investigation into the conduct of Ms. Gould. Mr. Mauer, however, will be out of town until Nov. 1, when he will actively rejoin the council.

According to the statement — unanimously approved by the three-member council during its Sept. 5 meeting — the council has granted Ms. Gould 30 days from the time she received the statement of procedures “to file with the council any rebuttal documentation and argument the elected official desires that the council consider.”

The council will not continue with its investigation until it has received this documentation from Ms. Gould.

“The council finds that the elected official must be granted the time the elected official needs (but no more) to prepare written factual statements and arguments for the purpose of rebutting the charges made in the request,” the councilmen wrote in the statement.

Once the ethics council receives the information from the second selectman, it will then have 30 days to develop and deliver a “preliminary finding of fact” regarding its conflict of interest investigation to Ms. Gould.

“The elected official will then be given 15 days to submit written objections or comments to the preliminary finding of fact,” the councilmen wrote in the statement. “The council, upon receipt of such objections or comments, will then re-examine the ‘preliminary finding of fact,’ and make such changes to them as appear necessary and appropriate, so as to create a ‘finding of fact.’”

At that point, the ethics council will then determine, based upon ‘the finding of fact,’ whether or not a violation of the town’s ethics code has occurred. The council’s findings will then be delivered to the Board of Selectmen.

“I am confident that after consideration of all the facts, the Council on Ethics will conclude that my involvement with use of the field house by the Wilton Historical Society, the John Corr Memorial Scholarship Fund, the Drum Hill Chapter of the DAR, and other community organizations is without privilege or preference and is undertaken under the same terms available to all Wilton organizations who may wish to use the field house,” Ms. Gould wrote. “I am also confident that the community understands the good work that these organizations have done because of the funds raised by these events.