Letters: McIlmurray Says Sini Should Have Recused; Sini Responds

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Spencer McIlmurray, an unaffiliated candidate for a seat on the Board of Selectmen running against both Democrats and Republicans, sent in this letter to the editor regarding Planning & Zoning Commission member John Sini’s decision not to recuse himself on matters concerning town-owned athletic fields.

In response, Sini sent in the statement published below the letter.

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Paul Michalski, who lives near the high school fields, fought proposals concerning them before the P&Z Commission and asked Sini to recuse himself. Sini, long a proponent of more lighting at the fields before he got on the commission, refused. Michalski sued the town over decisions to make improvements (particularly to improve the turf) in the fields and lost.

Here’s Spencer McIlmurray’s letter to the editor (anyone can send a letter to the editor of Darienite.com and there is no hard-and-fast word limit — we reserve the right to edit down letters that we consider extremely long or even remove passages we consider in poor taste — send any letter you’d like to see published with your full name to dave@darienite.com).

To Recuse or Not to Recuse, That is the Question

It was with great interest that I read the Memorandum of Decision regarding the case of Michalski v. Town of Darien, et.al. On its face it shows how key elements of the judicial process – proposition, evidence, and argument – come together so that impartial judgments may be rendered in the settling of disputes. As well, in my view it also serves as a reminder of the importance of common sense in the conduct of municipal business.

The filing of the appeal was prompted by a decision made by the Planning & Zoning Commission – and approved by the Board of Selectmen, the Board of Education, and the RTM – to allow for various improvements to be made in the configuration and use of athletic fields at Darien High School. In opposition, Mr. Paul Michalski, a town resident whose property abuts the high school, sought to overturn that decision holding that the process employed was unfair. As noted in the Decision, the appeal commenced on April 28, 2014 and was summarily dismissed on September 14, 2015.

Relative to partiality, Mr. Michalski’s contentions were that (1) there was a conflict of interest and predisposition for granting the application on the part of one of the commissioners (viz., Mr. John Sini), (2) the commission had violated plaintiff’s[Michalski’s] right to fundamental fairness, (3) there was a lack of substantial evidence to support the commission’s decision, and (4) there were various defects in the application and commission’s approval.

Given the nature of the dispute, and the roles of the parties involved, one might expect claims two, three, and four to be included in any action of this type. It is less likely, however, that claim one would be included so routinely. Why? Because individuals who either have or might be perceived to have conflicts of interest would, more often than not, recuse themselves from the proceedings.

During the months preceding the issuance of P&Z’s decision, in public hearings Mr. Michalski openly objected to Mr. Sini’s participation in the process regarding improvements to the high school fields. As noted in the Decision, this sentiment was grounded by knowledge of Mr. Sini’s previous affiliations with interested athletic groups (e.g., DJFL, DAF) and service as a spokesman for these groups in past P&Z committee meetings. Notably, before making his final decision, Mr. Sini sought the advice of town counsel, the planning and zoning director, and the chair and vice chair of P&Z. In the end, Mr. Sini decided to participate fully.

While I commend Mr. Sini’s actions to seek the advice of qualified and reputable persons before reaching his decision, and do not dispute either his right to participate or his claim that he could remain “fair and impartial” during P&Z’s decision-making process, I do question his judgment to push the issue at all.

From the outset, it was clear that any participation on his part would feature prominently in the filing of an appeal should any of the proposed field improvements be approved. Upon review of the Memorandum of Decision, such was indeed the case. Notably, the bulk of the commentary presented – and, one might assume the protraction of time and associated increases in legal fees – tie to Mr. Sini’s participation.

Going forward it is hoped that the lesson learned in this case will guide all town officials to be exceedingly thoughtful in weighing their decisions to participate in actions and decisions that have even the slightest hint of conflict of interest or predisposition to results. This is true whether such involvement be for athletic field improvements, downtown parking, or expansion of driving range capacity at a golf club.

Spencer McIlmurray

Dr. McIlmurray is a candidate for Selectman

JOHN SINI’S RESPONSE:

The court’s lengthy and detailed decision certainly speaks for itself regarding all aspects of the plaintiff’s appeal which was denied on each and every one of its eighteen points. While incurring legal fees through the appeal process was unfortunate, based on the multiple points of brought forth by the plaintiff, they were unavoidable.
As the court stated, that to require the disqualification of those on town bodies who have volunteered their time to advance community causes which “all under the purview of the administrative body in question, would be to severely hamper the activities of municipalities, whose commissions are generally composed of active community members.
To allow a single individual of a community of over 20,000 to disqualify a commissioner and hamper the activities of our municipality as a result of misguided claims would have set a grievous precedent for the self-governance of our community.
This decision was not only a win for the P&Z Commission, but all those active volunteers that wish to serve this community in our local government going forward.
Sini had a further response when he had a little more time to consider McIlmurray’s letter. Here it is:
Mr. McIllmurry’s statement is not only misguided, it reveals his ignorance related to the broader issue of self-governance within our community that was fostered by the Court’s decision.
While the legal fees incurred by taxpayers in order to defend the P&Z Commission were unfortunate, they were unavoidable as a result of the 18 claims brought forth by the pro se litigant’s appeal, which were altogether denied by the Court.
As the Court stated, to require the disqualification of those that serve on town bodies who have volunteered their time to advance community causes which “all under the purview of the administrative body in question, would be to severely hamper the activities of municipalities, whose commissions are generally composed of active community members.”
To allow a single individual of more than 20,000 to wrongly disqualify an elected town official would have set a grievous precedent hampering the activities and self-governance of the Town of Darien.
It is clear that this decision was not only a win for the P&Z Commission, but a win for all of Darien’s active volunteers that currently serve or wish to serve our community local government.  Most importantly, it was a victory for the thousands of youth and student athletes in our community!

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