Did Pittsboro board member John Bonitz hide a conflict of Interest?

Date: Tue, 22 Oct 2019 12:26:31 -0400
From: Chatham Thinker
Subject: RE: Pittsboro elections and new developments

Well the election is plugging along in Pittsboro and there are some new developments.

The next Mayor of Pittsboro, Jim Nass, has decided to endorse Pam Cash-Roper, Jay Farrell and Kyle Shipp for Town Board.

Interesting.

Another development involves Commissioner Bonitz.

He has stated at the forums that he has no conflicts of interest and has insinuated that others running for office or on the town board do.

His finger pointing without producing evidence was likely a factor in the decision to endorse other candidates by Mr. Nass.

Now it seems that Commissioner Bonitz may have an ethical issue as well.

At the September 9, 2019 meeting, a budget amendment was presented to the board of commissioners that had an item listed for $2,900 for solar PV analyis.

The item was on the consent agenda.

The firm that got the contract for the analysis was the NC Clean Energy Technology Center.

Commissioner Bonitz works for the NC Clean Energy Technology Center.

Now here is something odd: Commissioner Bonitz attended the meeting but somehow missed the vote or any discussion of it.

He arrived when the meeting began, then he abruptly left to attend to a family situation and later he subsequently returned to the meeting.

The minutes stated that: Commissioner Bonitz  had received a call that his children are sick, he will be leaving but hopes to return.  Family comes first.

Strangely, his departure coincided with an item on the consent agenda that was connected to him.

The vote was listed as 4-0 in favor of the consent agenda with no mention of Commissioner Bonitz.

However guidance from the School of Government dictates that when a board member leaves a meeting without being excused such votes should be registered as an AYE, thus Commissioner Bonitz technically voted AYE  on an item that involved his own place of employment without disclosure or discussion.

Also, the minutes of September 9th do not reflect that Commissioner Bonitz:

a) informed the board of commissioners of a potential conflict of interest;
b) requested to be excused or requested any input from the Town attorney on the matter;  or
c) informed the board of commissioners when he returned to the meeting from home that they voted to approve a budget change and a contract with the Town that involved his place of employment.

Furthermore, there is no public evidence that any board members had seen the contract that was executed with the NC Clean Energy Technology Center or knew anything about it, either.  They were in the dark.

We are not saying that this was a bad idea or policy. It is wise to look into solar/PV options for public buildings.

Our quibble is that Commissioner Bonitz has made an issue of clean and transparent government and yet when he should have at least considered the idea of excusing himself or informing his fellow board members before a vote he did not.

He did not inform the board of his work connection to the proposed budgetary change when he left the meeting to attend to his family and when he returned to the meeting he did not inform the board of his personal connection to the firm that got the contract.

Again, we are not against the idea and perhaps there is nothing to see here, but when an incumbent candidate makes a big deal about transparency and the potential for impropriety on the campaign trail it would be wise to check the glass at his house before hurling stones.

https://pittsboronc.gov/vertical/sites/%7B512CE168-4684-4855-9CD9-7D209FE775E3%7D/uploads/September_9_2019.pdf

https://canons.sog.unc.edu/candidates-and-conflicts-of-interest-%E2%80%93-what-happens-if-you-win/

https://canons.sog.unc.edu/excusing-board-members-voting-budget/