Letter from Luby

LUBY~OLSON, • Attorneys

&

P.C.

Counselors at Law •

Founded

{939

405 Broad Street P.O. Box 2695 Meriden, CT 06450-1695

Guy R. DeFrances Kenneth W. Mango Thomas S. Luby Bruno R. Morasutti

Tel.: 203.639.3560 860-343-0909 Fax:' 203-639-3569 Web Site: Lubyolson.com

Of Counsel: Gary O. Olson

Thomas S. Luby E-mail: tsl@lubyolson.com

Robert M. Luby 1914-2009

March 29,2011

HAND DELIVERED

Honorable Joseph Gaiotti, Chair Board of Ethics City of Meriden 142 East Main Street Meriden, CT 06450 RE: George McGoldrick, City Councilor Request for Advisory Opinion Dear Chairman and Mem bers: This office represents George McGoldrick of91 Harvard Avenue, Meriden, Connecticut.

Mr. McGoldrick is currently a member of the Meriden City Council, having held that position for the last 11 years. Mr. McGoldrick is also a licensed architect having obtained his architectural degree in 1988.

By letter dated March 22, 2011, Mr. McGoldrick has requested an advisory opinion regarding his subcontractor relationship with the architectural firm of Fletcher Thompson, a Connecticut based architectural and engineering firm, which has been selected by Meriden's High School Architect Selection Committee in accord with the provisions of §C8-1 of the City Charter to work on the renovation of Maloney High School. At issue is whether Mr. McGoldrick, in the course of his work with the architectural firm of Fletcher Thompson, will be allowed to communicate with the School Building Committee and other project related offices of the City.

Background Several years ago, Mr. McGoldrick served as a member of the High School Ad Hoc Study Committee, whose job it was to evaluate the options facing the City in upgrading Platt and

Honorable Joseph Gaiotti, Chair Board of Ethics City of Meriden March 29,2011 Page 2

Maloney High Schools. The Committee submitted its comprehensive report to the City Council in November 2009. It is public record. More recently, Mr. McGoldrick also co-authored a series of articles in the Record Journal outlining in great detail the choices facing the City. His work was thorough and received high marks throughout the community for his balanced and careful approach to the many issues involved.

On December 2010, the City established a High School Architect Selection Committee,

led by the Meriden City Manager and the City Purchasing Director. Mr. McGoldrick was not a

member.

The Committee issued a request for qualifications (RFQ) on December 22, 2010. Mr.

McGoldrick was not involved in the development of that RFQ.

After the RFQ was issued, Mr. McGoldrick commenced discussions with Fletcher

Thompson.

On January 3, 2011, the City Council finally took action on the study, deciding to proceed with the renovation of both schools. At that time, Mr. McGoldrick, an architect by profession, was aware that he might be involved as a professional architect in a private capacity with regard to the project. As a result, he abstained from voting. He made clear on the public record the reason for his abstention. Thus Mr. McGoldrick acted entirely properly and kept his role as City Councilor separate from any possible personal financial interest.

On february 25 th the Selection Committee met with Fletcher Thompson and several of its potential subcontractors including Mr. McGoldrick. It had been clear in prior correspondence and was again made clear at the meeting that Mr. McGoldrick was there as a private architect likely to be part of the Fletcher Thompson project team. Mr. McGoldrick's potential private employment with Fletcher Thompson was thus fully disclosed on the public record.

In early March, 2011, the Selection Committee announced its selection of Fletcher Thompson for Maloney and the Antinozzi firm for Platt. They were the two lowest bidders. Mr. McGoldrick was not involved in the Committee's deliberations and had no advanced knowledge of the selection.

After the Selection Committee's choice of the architectural firms, both projects will now be handled largely by the Meriden School Building Committee. Mr. McGoldrick is not now, and has never been, a member of that committee.

As the foregoing demonstrates, Mr. McGoldrick has been careful to separate his City Council work from any potential professional opportunity and fully disclosed his role as a potential subcontractor.

Honorable Joseph GaIotti, Chair Board of Ethics City of Meriden March 29,2011 Page 3

The Current Issue IfMr. McGoldrick works as an architect/subcontractor for Fletcher Thompson, he would anticipate being involved in the Maloney High School project as part of the Fletcher Thompson team. He would likely deal at various times with the School Building Committee as well as other offices of the city government, including the Planning, Building, Health, Engineering and Public Works Departments. He may also deal with the Fire Marshal, the Planning Commission, and other parts of the City government. Consistent with Mr. McGoldrick's conduct thus far and with his long time reputation for integrity and openness in government, he now seeks guidance from the Board of Ethics that his work as a subcontractor will conform to the City of Meriden Code of Ethics.

Requested Opinion Mr. McGoldrick should be allowed to serve as an architectural s~bcontractor on the Fletcher Thompson team assigned to the Maloney High School renovation project as described above. In that role, he will be careful to abstain from all City Council votes dealing with the project. Bv doing so, he will avoid all possibility of a conflict between his role as City Councilor and as a private architect.

The ethics code is clear that the awarding of a contract "in conformity with the provisions of ยงC8-1 of the Charter" allows a public official or a business with which he is associated to contract with the City. The selection of Fletcher Thompson complied with the Charter requirements. As a result, Mr. McGoldrick and Fletcher Thompson must be allowed to do what is necessary to perform the contract with the City. The right to contract necessarily implies the right to do everything necessary to perform the contract.

Allowing Mr. McGoldrick to work on a city project as a professional architect makes great sense. He understands the community. He has a long history of thoughtful discussion on important issues. His personality will help resolve design and schedule problems quickly and cost-effectively. Most of all, he has the community's best interest at heart.

Furthermore, allowing Mr. McGoldrick to work in his chosen profession on a project in his city, while serving as a city Councilor, makes citizen government feasible. If rules and regulations were allowed to block Mr. McGoldrick's work as an architect, other local business people might be deterred from serving on the Council. By allowing Mr. McGoldrick to work as an architect, while abstaining on project related votes, you will make it possible for hard working people to serve in elective office and still pursue their profession while at the same time serving the public interest.

Honorable Joseph GaIotti, Chair Board of Ethics City of Meriden March 29, 2011 Page 4

Thank you for your careful attention to fuis importan matter.

TSL:grc cc: George McGoldrick