New Concord City Councilor Accused Of Vote Conflict Violation

CONCORD, NH — A new Concord city councilor, who committed to recusing herself from conflicted votes dealing with her employer and husband, who is a city employee, before the November 2021 election, was accused of violating the city council’s rules during a meeting on Monday.

Stacey Brown, who was elected to the open Ward 5 seat by a substantial margin against Mark Coen, a former city councilor, came under fire at the end of the meeting for speaking about and later, voting, to accept a donation from her employer, the Concord Public Library Foundation, to the Concord Public Library. The donation was $11,741.37 and would be used to support programming and outreach to enhance services. She later voted for the donation.

When the item came up for a vote, essentially a procedural vote to accept the money, an exchange occurred toward the end of the more than four-hour meeting, which included extensive discussion about a new face-covering and mask mandate ordinance for the city, which was ultimately rejected.

When the donation came up for a vote, a motion was made and seconded to approve the proposal to accept the donation.

Mayor Jim Bouley then opened up the item for discussion.

Jennifer Kretovic, the Ward 3 city councilor, said she had been watching the meeting minutes for the library and raised an issue of the foundation using the money for other organizations — including some that were outside of the city. Anyone giving money needed to know that if they wanted money used in Concord, they needed to designate the donation that way, she said.

Ward 7 City Councilor Keith Nyhan asked if Kretovic knew if the organization was planning on changing its name to become more regional.

“From what it says here on their website,” she said, “they are considering a name change.”

Brown asked to be recognized to clarify the issue and Kretovic countered she could not because she had a conflict of interest.

“I can speak about this,” Brown said, “We aren’t actually voting. I can provide testimony about this topic. We aren’t actually taking a vote on this and (I can) provide clarification.”

Brown said the organization was not planning on changing its name. She said the foundation assisted refugees during the pandemic since the Heights library substation was shut down and the library was only offering services online. Brown said, it was in the foundation’s mission to support “library services,” and that is what the money was used for.

Bouley, seeing no one else wanting to comment on the issue, called for a vote and motioned to Brown, giving her the chance to recuse herself from the vote.

“I’m sorry?” she said to Bouley.

“Do you want to recuse,” Kretovic said to Brown. “Because they are going to take a vote.”

“This doesn’t affect me,” Brown said.

“You work there,” Kretovic said.

“This is giving money to the library … I don’t work for the library,” Brown said.

“You can’t,” Kretovic said, and then apologized for being out of order. “I’m sorry, your honor.”

Bouley clarified the issue, saying the donation was to the library but from the foundation, Brown’s employer.

“My understanding,” Brown said, “is that it’s a conflict if I am benefiting, in some way, and I am not benefiting from this.”

Deputy City Solicitor Danielle Pacik read the ordinance, Article 1-6-3, and noted, “a conflict of interest exists when a person takes an action or makes a decision that would affect his or her financial interest, the financial interests of the person's family member, or the interests of any organization in which the person is a member of a governing body.” The recusal section of the ordinance, Article 1-6-4, requires any member of a city public body will not be allowed to “introduce, ask questions, speak on or vote on any motion, ordinance, resolution or issue in which he/she has a conflict of interest and shall disclose the reason for the conflict of interest prior to the public body's discussion on the matter, or if discussion has occurred, then as soon as the conflict becomes known to the officer or official.” Councilors can remain seated if it is a legislative matter.

Brown said, “as this is money not coming to me …” and then, Kretovic countered, “It’s a perceived conflict of interest,” and recommended Brown abstain from voting since she worked for the foundation donating the money.

Zandra Rice Hawkins, a Ward 10 city councilor, requested a point of order to ask if committee membership by others, like Black Ice Hockey, would be an issue.

“I think it’s an interesting dilemma,” she said. “We have committee members who sit and make recommendations from committees, throughout city government, who similarly serve in roles either as consultants, lobbyists, or governance, for businesses and nonprofits that do business with the city.”

Bouley said he was going to offer a ruling, “because it’s 11:25 (p.m.),” that could be challenged by any of the councilors if they wanted to.

“If you want to vote, you can vote,” he said to Brown. “My personal opinion is, I would not vote if I were you. But, if you want to vote, you vote, fine by me.”

Bouley then referred the item to the Rules Committee and the legal department with the hope that the issue could be clarified and the council would not need to have a discussion about the issue in the future.

“And then, we’ll know, the way it is going to be, moving forward,” he said.

Rice Hawkins asked if it was the Rules Committee’s jurisdiction to eye those matters and Bouley said it was. Brown then asked if Rules Committee would look also look at committee membership and Bouley said it raised an “interesting question” that had not been posed to the Rules Committee but suggested language and standards the council could live by would be created for the future.

“I think that’s the fairest thing to do this evening,” Bouley said.

Ward 2 Councilor Erle Pierce what committees everyone was speaking about and Bouley said it could be all of them.

Rice Hawkins said her point was all the city’s advisory committees and suggested updating all of the city’s ethics rules, too.

Bouley then asked Brown what her preference was and she said, “I will vote.”

The council then voted unanimously to accept the donation from the foundation.

Some of the services the money will be used for in 2022 include the Summer Reading Program, Live Music with the Library, Beat the Librarians Trivia Night, STEAM team, and other programs, according to a memo by Todd Fabian, the city’s library director.

This issue of Brown’s future, possible recusal, was one that came up during the debate between Brown and Coen before the election.

Brown said she would recuse herself from anything she benefited from and would communicate with the city solicitor to make sure she was adhering to the ordinance. Brown's husband, Wade Brown, is a Concord police detective.

Brown did not return an email seeking comment on whether she followed through with the city solicitor after being elected or if she had any other thoughts about her decision to vote for the donation on Monday even though her colleagues said it was a conflicted vote.

According to the city’s website, the Rules Committee has not met since April 2019. Its members include Ward 9 City Councilor and Mayor Pro Temp Candace Bouchard, who is its chairwoman, Bouley, who is an ex-officio member, and Amanda Grady Sexton and Byron Champlin, both at-large councilors, Ward 4 Councilor Karen McNamara, and Pierce.

If sent to the committee, members would make a judgment about the issue and then, the judgment would be sent to the Board of Ethics. That board would eye the Rules Committee findings and make a recommendation to the full council. It could be a reprimand or possible removal from the council entirely. Since Brown is a ward councilor, a special election would need to be held to replace her, if she were removed.

It is unknown at post time if the issue has been sent to the Rules Committee or the Board of Ethics — which has not met since July 2012.

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