Two Different Sides of a Coin

Seems the S-T has saw fit to weigh in on the issue of "conflict of interest" for Selectman Espindola.  In today's "Our View" the local daily concludes

It would be in the interest of the town, the board, Windwise and Espindola to seek that advice with all haste. Though he hopes to proceed carefully, there's no reason for him to hesitate in asking his town counsel to get impartial answers from the source. 

Espindola said Thursday that he's aware of the option, but is yet to make up his mind. We fear, however, if he waits too long and eschews the available resources, he might be perceived as having ulterior motives himself, and that will do no one any good.

I offered a solution to the stalemate a few days ago, a bit different than the one in the opinion piece.  Mine was done with the attempt to dispel any questions that might arise given the fact that there seems to be a reluctance to accept the opinion of town counsel from our newest selectman.

However the solution in today's paper is just as valid as I am concerned.  

The simple fact of the matter is that Selectman Espindola should have been aware of the potential conflicts, the appearance of conflicts and the actual conflicts he would face if elected, prior to running, certainly prior to election day, and most definitely should have sought an immediate resolution immediately after taking office.

Leaving aside the political considerations in this matter, and there certainly are those, the simple fact is the first step is to obtain an opinion.  Of course here in lies the problem, people have a tendency to disagree with opinions that differ from their own or hinder their own goals.

The ethics laws are a minefield and that is why one needs to at all times to involve the state ethics commission, and not simply rely on one's own opinions, or even the opinion of one's individual legal counsel.  

Here is a guess as to what is going to happen, no matte3r who is the point attorney on the matter, Selectman Espindola is going to be unable to deal with some very significant issues relative to the existing turbines.  

If he has been relying on any opinion that told him removing himself from the lawsuit would cure any "conflict" he is going to find himself in some problems. 

There are two choices facing him and the rest of the Board.  From a remove any doubt stance, I have said give him a maximum $ amount and let him get the opinion wi9th the assistance of special town counsel.   The other is to follow essentially what the other selectmen, and the S-T are saying.  

If the rest of the board continues with its present position, from a purely procedural point of view, I cannot blame it.  Allowing the retention of special counsel solely on thye grounds I have heard presented could establish dangerous precedent.  

Believe it or not, there is a benefit to using Town Counsel rather than special counsel, for both sides.