More Ethics Charges Filed In Concord: This Time, Against 2 City Board Volunteers

CONCORD, NH — A former Concord city councilor has filed complaints against two volunteer board members, accusing them of violating the city’s code of ethics.

Allan Herschlag, the former Ward 2 city councilor, filed complaints against Erle Pierce, another former Ward 2 city councilor who was recently named to the planning board and is vice chairman, and Greg Bakos, a civil engineering consultant with VHB who also serves on the Transportation Policy Advisory Committee.

In the case of Pierce, Herschlag said during the March 20 planning board meeting, he did not recuse himself or state why he had a conflict of interest requiring he not vote on an issue before the board, specifically, discussion of a zoning ordinance amendment for casinos and gaming facilities.

Pierce is a commissioner with the New Hampshire Lottery.

Also Read

• Ethics Complaint Filed Against Ward 8 Concord City Councilor
• Ethics Complaint Filed Against Ward 5 Concord City Councilor
• Ignoring Warnings, 2 Concord City Councilors Appear To Be Violating Rules, Code Of Ethics
• Incoming Concord City Councilor Suing ZBA To Stop North Main Street Housing Project
• A Year Later, The Concord City Council Tweaks Its Code Of Ethics
• Concord Council Rules Committee Tweaks Conflict Of Interest Ordinance
• Herschlag: When A Conflict Isn't A Conflict
• Concord City Council Ethics Update Tabled For 30 Days
• New Concord City Councilor Accused Of Vote Conflict Violation

Herschlag said Pierce’s actions appeared to violate Code 1-6-4, which requires public body members to not only recuse themselves from conflicts of interest but also state why they are recusing themselves.

In a 12-page letter concerning Bakos, Herschlag claimed it appeared there were two violations.

Bakos is listed as a project manager for the Interstate 93 Bridge Park, according to paperwork at a public visioning session on Feb. 20 concerning the park. The Transportation Policy Advisory Committee minutes from Jan. 25 showed Bakos adding the park proposal “as an item to discuss at a future meeting as the project moves forward.”

Another section of the minutes purports to show Bakos stating the city and study team had some initial meetings with the abutters “that went surprisingly well,” and the team had also spoken with the New Hampshire Department of Transportation.

“The next step,” the minutes stated, “is likely to plan a public workshop.”

Herschlag said Bakos is not only a member of the committee but also its chairman.

Comments in the minutes, he noted, appeared to violate 1-6-3 and 1-6-4 of the code, specifically speaking about an issue in which a board member has a financial interest and the need to recuse due to a conflict of interest.

On Wednesday, Bakos confirmed he had received the complaint but did not offer comment.

Pierce said Thursday he would respond to the complaint before the board of ethics “when appropriate.” He said even though he had no financial benefit, “real or perceived,” since he serves as a commissioner, “I have always recused myself from conversations relating to new casinos, Keno betting, charitable gaming ordinances, etc.” In the past, he said, “I have always tried to announce the reasons why I was recusing myself. I am fond of the phrase ‘When in doubt, rule yourself out.’” Pierce said at board meetings, whenever he knew there would be the appearance of a conflict, he let the planning office and chairman know about it beforehand, and he would recuse himself on whatever item was in question. He also warns them to ensure a quorum when he steps away from the item.

In this case, Pierce said he raised his hand “to make my recusal comment, but because the discussion had already begun and the chairman recognized my need for recusal, I left the meeting immediately.” The chairman also announced the reason for his recusal, he said.

“The complainant, Mr. Herschlag, is correct: I never did personally announce the reason for my recusal before leaving the room,” Pierce said. “It will be up to the board of ethics to determine if this was a violation.”

These new complaints follow two other complaints filed last week against Stacey Brown and Ali Sekou, two ward city councilors.

Do you have a news tip? Please email it to tony.schinella@patch.com. View videos on Tony Schinella's YouTube.com channel or Rumble.com channel. Follow the NH politics Twitter account @NHPatchPolitics for all our campaign coverage.