05/17/2008
Mithee, an at-large councilor elected in November 2002, said she crafted an arrangement with Mayor Anthony Masciadri and City Manager David Giroux that will allow her to perform her council and professional duties without conflict.
"It's no different than anyone else whose job could be a conflict," she said.
Mithee's position as community liaison to Hallowell for Mattson Development LLC makes her the company's representative to local government and trade bodies. Her responsibilities include attending council, planning board, Board of Trade and Row House meetings on the company's behalf, she said.
"I doubt it will create any problems," Mithee said.
At Monday's council meeting, Mithee stepped down from her councilor's chair during a public comment period to tell her colleagues she accepted the position. At future meetings, Mithee said, she will do the same to talk to fellow councilors about Mattson Development matters.
Mattson has redeveloped several Hallowell properties, including the Worster House on Second Street and commercial and residential units on Water Street.
When Mattson's projects come before the council, Mithee said, she will recuse herself from the related discussions and votes.
"For those few minutes, I will be a citizen instead of a councilor," she said.
Masciadri said he consulted the city's ordinances and the Maine Municipal Association for guidance.
"We don't see a conflict there," he said.
While Mithee and others have taken measures to avoid conflicts, Ward 1 Councilor Steve Vellani said councilors should avoid any "appearance of a conflict of interest."
"The citizens of Hallowell deserve to have all seven councilors being able to vote on all issues, not recusing themselves on what might be a vote with a significant impact on our city," he wrote in an e-mail while traveling.
But Mattson-related matters come before the Planning Board more often than the City Council, Masciadri and Mithee noted.
"I've been trying to think of the last time Kevin's come before the council," Masciadri said. "I don't see anything we'd be voting on that would have anything to do with Kevin."
Vellani said Hallowell officials are developing a new comprehensive plan for the city, reviewing ordinances and exploring a new open-space plan.
"All these processes have a development aspect to them. So it brings into question if (Mithee) should vote on any of them, as it might benefit her employer," he wrote.
Mattson said he hired Mithee for the position after the Kennebec Journal published an article in April about complaints that the developer rebuilt a granite retaining wall at the Worster House with concrete blocks.
"It became clear to me that the normal small-town problem of rumors and innuendo had grown out of control in Hallowell," he said in an e- mail. "We needed to have someone who could attend all of the meetings of the local groups to try to have better communications."
Mattson said Mithee "is a gifted person who is involved with just about every aspect of Hallowell.
"It is obvious that Dot would never vote on something that affected her or us directly," Mattson said. "Common sense allows one to know when it's not appropriate to vote."
Councilors would only violate Maine's conflict-of-interest law if they had a direct financial interest in a council matter, Maine Municipal Association spokesman Michael Starn said.
"It's really targeted for situations where the council is accepting bids," he said.
Starn said Mithee's situation appears "manageable," largely because she has publicly announced her position with Mattson Development.
"Maine is such a small state with so many small communities that it's almost impossible to separate yourself from every single conflict that someone might perceive," he said. "Being up front, all of that is important for municipal officials."
Matthew Stone -- 623-3811, Ext. 435
mstone@centralmaine.com
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