Ethics Commission votes to vacate 2021 Advisory Opinion after Town Attorney review

The Waterford Ethics Commission voted on Jan. 6 to vacate an Advisory Opinion issued in September 2021 after receiving legal advice that the Opinion imposed standards beyond the town ordinance and was therefore unenforceable.

The action followed review of a Jan. 5, 2026 legal memorandum from Town Attorney Nicholas F. Kepple, who advised the Commission that while it has authority to rescind an Opinion it had previously adopted, the Advisory Opinion in question appeared to impose a new standard of conduct not grounded in the town’s ordinance and should be treated as void and unenforceable. The Commission voted 5-0 with one abstention to vacate the Opinion and to notify town boards, commissions, departments, employees and the public in the same manner the original Opinion was publicized.

Why it matters: The Advisory Opinion had been cited in prior public discussion and attachments provided during meetings, and several public commenters at the Jan. 6 meeting said the Opinion’s use had caused confusion about process and standards. By vacating the Opinion, the Commission narrowed the town’s formal ethics guidance to the ordinance itself and followed the Town Attorney’s recommendation to publicly clarify the Opinion’s current legal status.

Public comment: During the meeting’s public-comment period, a local resident who identified himself as a former representative town meeting moderator submitted a newspaper clipping about a 2020 Board of Finance resignation and said he was concerned ‘‘that it took six months to go through the process’’ and that the Commission had not explained how it reached its Advisory Opinion. Another commenter, Mike Rocchetti, urged that ‘‘each case be handled individually’’ and said the Commission should rely on the ordinance rather than an Advisory Opinion. Danielle Steward Gelinas told commissioners she was frustrated that the panel had not found probable cause in a prior matter and said, "you left everyone unprotected." These remarks were made during the public-comment portion of the meeting.

Commission debate and vote: Commissioners discussed whether the Advisory Opinion conflicted with the ordinance and whether the Commission exceeded its authority in its September 2021 Opinion. Several members said the Opinion appeared to impose standards beyond the ordinance. After motions to remove an earlier tabled motion and to amend language, Cathy Patterson moved (as restated) that "following the Town Attorney’s email of January 5, 2026, we move to vacate the Advisory Opinion of September 21, 2021 and notify the public." The motion was seconded by Alan Messier; Adam Stone abstained, and the motion carried (5-0-1). The Commission then voted to ask the Town Clerk to notify relevant town bodies and the public using the same publicity channels as the original Opinion; that motion carried with the same vote tally.

Town Attorney guidance: In written advice provided to the Commission and placed in the record, Town Attorney Nicholas F. Kepple said the Advisory Opinion "appeared to impose a new standard of conduct for Waterford officials which was not based on the ordinance" and recommended that the Commission inform officials and the public that the Opinion "is no longer a basis for a complaint" and that complaints relying on it be dismissed.

Other business and next steps: The Commission approved a $900 budget request for 2027, the same amount it has requested in recent years, and formed a subcommittee to draft formal rules of procedure. Chair Betsy Ritter said the Commission will follow the Town Attorney’s direction on public notice; the Town Clerk issued a Jan. 7 notice stating the Advisory Opinion is no longer in force and should not be used as a basis for complaints. The Commission thanked outgoing member Christopher Nailon and adjourned at 8:15 p.m.

Votes at a glance: seat alternate (Patterson/Nailon) — carried, Helvig abstained (4-0-1); approve Dec. 2, 2025 minutes (Messier/Helvig) — carried unanimously (6-0); submit 2027 budget $900 (Stone/Messier) — carried unanimously (6-0); vacate Advisory Opinion and notify public (Patterson/Messier) — carried (5-0-1), Adam Stone abstained; request Town Clerk to notify boards/departments and public (Patterson/Messier) — carried (5-0-1); adjourn (Patterson/Nailon) — carried unanimously (6-0).

What’s next: The Commission’s public notice clarified the Advisory Opinion’s status and advised that complaints relying on it should be dismissed; the Commission’s rules-of-procedure subcommittee will prepare recommendations for a future meeting.