Proposed Code Of Conduct From Bourne Select Board Draws Ire From Committee Chairman
A proposed code of conduct introduced by the Bourne Select Board last month has become the subject of backlash from at least one town board chairman after it was shared with all town board and committee chairs.
Donald Pickard, chairman of the capital outlay committee, issued a letter to the select board on October 26. The letter was subsequently shared with other board and committee chairs and obtained by the Enterprise. In the letter, Mr. Pickard takes issue with the code of conduct as proposed, suggesting the board rethink the policy’s restrictions and its applicability to elected officials. He concludes the letter with a call for board and committee chairs to appear at a future select board meeting to oppose the potential adoption of the policy.
The topic of Mr. Pickard’s letter came up at the historical commission’s regular meeting on Tuesday, November 8. Chairman Carl Georgeson said that Mr. Pickard had a good critique, but little other discussion was had. Mr. Georgeson did say that he would be at the select board’s meeting this Tuesday, November 15, for a separate reason but did not indicate his position on Mr. Pickard’s call for public opposition.
The code of conduct was discussed at the select board’s October 4 meeting. Board member Mary Jane Mastrangelo briefed the board on the origins of the code, saying it was something that the board discussed and looked into last fall. A spring presentation from herself and former board member George Slade was deferred, due to the upcoming reconstitution of the board. Ms. Mastrangelo and board member Judith Froman resumed work on the code of conduct this summer. Since then, Ms. Mastrangelo said, the policy has been read and tweaked by Town Administrator Marlene V. McCollem and town counsel Bryan F. Bertram of Miyares and Harrington LLC before going back to the select board’s policy subcommittee.
At the October 4 meeting, Ms. Mastrangelo said she believes the policy is in good shape but advised against waiving the second and third readings as implied on the meeting’s agenda, which the board ultimately agreed with.
“I think that this is a policy, as it’s conducted, that we are recommending for all the boards and committees to utilize through self-enforcement,” Ms. Mastrangelo said, “but I do think it would be a good idea for all the boards and committees in town to have a chance to look at it and if they do have any comments and questions, to bring them back to the board.”
The proposed code of conduct’s purpose, as stated, is “to achieve and maintain a high level of public trust and confidence in the Town of Bourne municipal government.” It would apply to all elected or appointed members of Bourne’s governmental bodies, which, as identified in Bourne Town Charter section 6-1, includes members of the select board, school committee, board of health, planning board, housing authority and recreation authority. The code would be provided to town officials upon being sworn in.
The code itself has four sections: conduct generally and in relation to the community; in relation to other town officials; in relation to the town administrator; and in relation to town staff. It is intended to be self-enforcing, meaning that town officials themselves bear the responsibility to assure that standards are met and concerns are brought forth through the appropriate channels.
The first and second sections tackle general concepts, such as staying informed on official duties, acknowledging that official duties are in the unselfish service to the public, demonstrating respect for the town and the public, not making promising statements regarding pending topics, and conducting business in a manner that promotes open, transparent government.
Section three relates to conduct in relation to the town administrator, and delineates the expectation that individual town officials will respect the chain of command, refrain from directing or ordering the town administrator to take action as individuals, and channel all requests or instructions for town departments through the town administrator.
Section four on conduct in relation to town staff states that staff should be treated with respect, that all requests for staff support be made through the town administrator, and that elected or appointed town officials desist from publicly criticizing any individual employee or department, including but not limited to social media. Concerns about staff performance, the policy states, should only be directed to the town administrator.
Ms. Froman, in a phone call with the Enterprise, said that the code of conduct is largely a matter of setting some guidelines and supporting civility.
“It’s just a matter of ‘these are the expectations,’” she said, adding that the select board will not be using the policy as an enforceable measure nor will it be “hunting” for people.
“It’s just a guideline,” she said, “but it’s a guideline that can be used if something starts getting out of whack.”
In his letter, Mr. Pickard takes issue with a number of things relating to the code of conduct. He argues that, in terms of applicability, “the select board has no authority to issue a Code of Conduct to the elected officials identified in Article Six of the Charter or committees appointed by the moderator,” as elected officials are elected by the voters and do not report directly to the members of the select board.
Section 3-5 of the town charter states that all boards, committees and commissions appointed by the select board “shall be responsible to the [select] board.” Mr. Pickard also takes issue with the imposition of the code of conduct on this front, saying that board and committee members, while appointed by the select board, “are free-thinking people who may not always agree with the position of the select board members and take their own position.”
In response to the portion of section four that requests town officials to desist from public criticism of employees or departments, Mr. Pickard questions “whatever happened to free speech?”
“When you become a public official you are open to all kinds of criticism, so you better have thick skin,” he wrote. “I do not participate much on social media and I will publicly criticize or praise anyone I feel deserves the comments either positive or negative.”
Mr. Pickard said that many of the policies outlined in the code of conduct are already covered by the town’s charter, bylaws and the state’s rules on ethics by which appointed and elected officials must abide. He further suggested that should the select board feel strongly about instituting this code of conduct, it should be applicable only to that board. He urged fellow board and committee chairs to appear at the board’s upcoming meeting to oppose the policy’s adoption.
In a conversation with the Enterprise, select board chairman Peter J. Meier confirmed that the board has received Mr. Pickard’s letter, but could not offer further comment on the topic. He did say that the topic will likely not be discussed by the board until mid-December. The board has not yet met to discuss feedback, including Mr. Pickard’s letter.
During the initial conversation on the topic in October, Ms. Mastrangelo said that the basis for the code of conduct was the policy used by the Barnstable County Assembly of Delegates and Barnstable County Commission.
“It really is just a code that says we’re all going to treat each other with respect and work well together as a municipality,” she said. “That’s the general idea of it.”