Stockbridge – When newly elected Selectman – and town Fire Chief — Ernest J. “Chuck” Cardillo declared before a packed Board of Selectmen session Monday (June 15) his intention to remain a selectman, despite a state Ethics Commission advisory opinion that he could not hold both positions, the audience, jammed into the Town Hall meeting room, gave him a standing ovation.
Whether that declaration will stand up remains to be seen.
In the May 19 town election Cardillo outpolled longtime Selectman Deborah McNemany, victory that may yet prove to be Pyrrhic. His contract as Fire Chief expires at the end of June; by July 1, at which point the selectmen have to appoint a fire chief – and that is the nub of the problem: Can Cardillo be a member of the selectboard to which he reports as Fire Chief and upon which his salary depends. In particular, could he serve as selectmen when the board has to appoint a fire chief.
As the question was framed by Stockbridge Town Counsel J. Raymond Miyares to the State Ethics Commission, the answer is no.
According to a 9-page Ethics Commission advisory opinion, Cardillo now faces a Hobson’s choice: retain his seat on the Board of Selectmen but forfeit his position as fire chief upon which he depends financially, or resign as selectmen, be reappointed fire chief, and take his chances on being re-elected in a special town election.
“When I decided to run for selectman,” Cardillo told the crowded room and to his fellow selectmen, “I checked with other towns, like Otis where a police chief is selectman. I was told it wasn’t an issue. I contacted the ethics board. My investigation shows that the there is an exemption for selectmen in towns under 10,000.”
Charles Gillett, chair of the Board of Selectmen, said that he would ask Town Counsel to reconsider the case but he added:
“I am not questioning Chuck’s right to be a selectman and fire chief. It appears to be a matter of state law. He was elected by the people, and I personally want him to be a selectman. This is not an attempt to undo the election. But I wish this hadn’t happened. He has to resign as selectman, wait 30 days, get reappointed as fire chief, and then run again in a special election. I don’t want to have to go through this very cumbersome process. But we’re waiting for a decision from Chuck. Perhaps he can come up with simpler process.”
Selectman Stephen Shatz explained that the board had sought an opinion from town counsel, who consulted the State Ethics Commission.
Cardillo, however, maintains that Miyares did not properly convey the complexity of the situation to the Ethics Commission by not presenting the portion of state statute that allows for a selectman exemption.
“I’ve talked with Smitty [State Rep. William ‘Smitty’ Pignatelli], and he advises me not to resign. He’s looking into it,” Cardillo said. “He doesn’t see why I should resign. It depends on how you read the different statutes. You recuse yourself when necessary. I plan on staying. This was an election. That’s the way I feel.”
Cardillo’s attorney, Jeremia Pollard of Lee whose expertise is municipal law, insists that the Ethics Commission was not presented with the facts of the case by Stockbridge town counsel.
“When the Ethics Commission agrees with the town attorney, that doesn’t mean the commission has been given all the facts,” Pollard argued. “There are different ways to interpret the commission’s ruling, and reasonable minds might differ. But the default is you honor the vote. There are many good reasons to read the statutes broadly in order to allow the voters to have their say. And in this case, they knew they were voting for their fire chief, and they were, in effect, exempting him.”
He added that given the inconsistencies of the Ethics Commission’s rulings, “I hope they will step in to resolve this situation.”
