SWAMPSCOTT — William DiMento, a lawyer and community member in Swampscott, has levied an accusation of conflict of interest against Town Administrator Sean Fitzgerald set against the backdrop of the proposed new town elementary school.
DiMento sent a letter to the state Ethics Commission claiming that Fitzgerald used his desire for the new elementary school project to change what DiMento believes should have been a two-sided debate.
DiMento states in the letter that Fitzgerald is using his position as town administrator to silence those who don’t want the new school project.
“Members of the opposition are to be ignored,” DiMento wrote in his letter to David Wilson, the executive director of the State Ethics Commission Enforcement Division.
DiMento claims in his letter that Fitzgerald has used his official position to push a political agenda.
“Mr. Fitzgerald claims that because the event will be held in a town building, he has the privilege to exclude viewpoints that don’t match the town leadership’s vision,” DiMento wrote.
Fitzgerald said he has no such conflict of interest.
“The only commitment I have is to help the town of Swampscott reach it’s civic potential,” Fitzgerald said, adding, “Many of our seniors don’t have the same access to modern technology and, when invited to provide information, local officials appointed and elected that are serving on various committees showed up to answer questions and to present info.”
DiMento’s letter, dated Oct. 3, said that a forum called Talk about Town on Oct. 7, hosted by the Swampscott Senior Center, would be a biased discussion because members of the forum were all openly pro-new school.
DiMento cited state Conflict of Interest laws in his letter, noting “public employees may not knowingly (or with reason to know) use or attempt to use their official positions to secure for themselves or others unwarranted privileges or exemptions of substantial value that are not properly available to similarly situated individuals. Section 23(b)(2)(ii) restricts the extent to which public employees may engage in political activity in their public roles, or use public resources in connection with such political activity.”
Gerry Tuoti, public information officer for the Ethics Commission, said that freedom of speech is a First Amendment issue, not typically dealt with by the Ethics Commission. Tuoti could not confirm or deny whether the commission received the letter.
According to the Ethic Commission’s website, conflicts of interest are most frequently leveled against government officials when the official has a vested financial interest in the development of a property.
Fitzgerald said that he did not want a debate about the pros and cons of the new school, but he wanted to host an informational forum for senior citizens before the special town election on Oct. 19.
“As local officials, we have to respond to requests for information and engage the community,” Fitzgerald said.
Katelyn Sahagian can be reached at [email protected].
