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Back to Article 18

 

 

 

(Editors Note: In discussions with the author Wendi Haegle-Devlin she now believes that she may have made an error when discussing the Recreation Committee’s inability to receive a burn permit.  After re-reading Artlicle 19 she now believes that the Recreation Committee would be able to acquire a burn permit for the Annual Tree Lighting as part of the Town’s administrative function.  She did not want to edit this out of the letter as it would have made this letter inconsistent with the one released to other media outlets.  She continues to believe the other examples included are valid concerns and/or circumstances.)

 

AN OPEN LETTER TO THE VOTERS OF WINDHAM

 

For the first time in my many years in Windham, I feel compelled to put proverbial pen to paper; and I do so to implore the citizens of Windham to vote “NO” on petitioned Articles 18 and 19 on March 13th. For while it would be easy to simply vote in favor of them on the misguided assumption that any stricter regulations regarding conflicts of interest can only be a good thing, it is my firm belief that neither will ultimately serve to better our community. As responsible voters we must examine the potential, overall repercussions of these policies before voting, and I believe doing so reveals that they are, at best, poorly crafted. At worst, they are designed specifically to infringe upon the personal activities and freedoms of anyone who has an association with the Town - from employees to volunteers to subcontractors and even their employees – by deeming them “covered persons”.

 

Article 18, for example, presumes all covered persons are residents of Windham by authorizing them to speak to an issue before a Town board only in their capacity as “residents of the Town”. This requirement, which cannot be waived, effectively silences non-resident employees who may have an opinion to offer at something as simple as a budget hearing.

 

Article 19, which also prohibits any waivers of its provisions, is even more unnecessarily restrictive. Let us suppose that the Town has a volunteer van driver, a fairly innocuous service agreement, who is also an engineer. What would he be subject to under Article 19 during his stint as a driver, and for two years beyond, in exchange for his generosity in taking a few senior citizens to the doctor? Among other things:

 

         He could not, in his professional capacity, appear before the Windham Planning Board or any other board; nor could he even speak on behalf of a client in response to a direct inquiry from said board.

         If he were so fortunate as to own and pay taxes on a commercial property housing his engineering firm, he could not represent himself before any board to improve or expand on that commercial property. He could, however, needlessly expend his hard-earned funds to hire a third party to represent him.

         Similarly, he could not, as owner of a vacant parcel of land, approach the Town to subdivide it in order to gift it to his children or place it up for sale without the same, undue expense.

 

Citing just these few examples we must, again as responsible voters, ask ourselves where this could leave the Town in terms of our volunteer forces; and I’m no longer speaking of van drivers. In my opinion, it could very well leave our most important boards filled with people who, despite their best intentions, lack even a glimmer of pertinent knowledge or experience. After all, what local professionals with actual knowledge of codes, zoning or construction design would be willing or able to serve on our Planning Board or ZBA under such excessive circumstances? What local business owners will be available to bring their intellect to the Economic Development Committee? Who will we ultimately have making those vital decisions intended to propel Windham prosperously and responsibly into the future?

 

Of equal concern is the potential financial impact to taxpayers should Article 19 pass; beyond increased legal costs, that is, as the Town will surely be obliged to defend its enforcement. What of the probable loss of in-town construction contractors who plow in their off season, for example, perhaps driving up our winter maintenance costs. What of the services that may no longer be donated, or the competitive bids that may no longer be submitted by our local vendors, as their acceptance or award would constitute an agreement with the Town and all that entails.

 

Were any of these hardships and potential liabilities the intent of the petitioners? Did they really intend that the Recreation Committee would be unable to obtain a burn permit for the Annual Tree Lighting? Or that, in all likelihood, the issuance of pistol permits to covered persons would be restricted? I would like to think not; I would like to believe what has happened here is simply a lack of adequate vetting before submission. Yet, it is because these issues do exist with these proposals that I am urging the voters to resist the temptation to support them on the premise of fixing something that may not even be fundamentally broken.

 

Rejection of these petitions will give the Board of Selectmen the time to assess our existing Conflict of Interest and Code of Ethics policies in preparation for the 2013 ballot, if necessary; with an eye toward best addressing the needs and rights of all, rather than a few. In the interim, I would encourage Windham’s volunteers, employees, and citizens as a whole to avail themselves of the existing policies. For, if issues do exist, the answer may lie in actually adhering to those documents; in people actually speaking up at the time a conflict arises rather than remaining silent about it save for grapevine recriminations or anonymous accusations.

 

In closing, although I have been employed by the Town for nearly 23 years, and currently serve as Chairman of the Cemetery Trustees, I do not publish this letter in either capacity. This is despite a very personal sense of sadness at my having to resign as Trustee in order to avoid a conflict that would be created in my positions should they pass. No, I submit this only as a resident of Windham who is well aware of and appreciates the effort expended, time spent, and generosity bestowed by our volunteers, employees, and local business owners. A resident who sincerely hopes that we are still a community populated by people who have enough wisdom and foresight to resist throwing the baby out with the bath water and exhibits that on March 13th by voting “NO” on Articles 18 and 19.

 

Respectfully submitted,

Wendi Haegle-Devlin