Ethics probe under way

September 22, 2006

By MARK KELSEY

Frontiersman

With less than two weeks before the municipal election, the Mat-Su Borough Board of Ethics has decided to move forward with a complaint against assembly member Jim Colver - who is on the Oct. 3 ballot for school board.

The board met Monday, its third gathering to consider the previously confidential complaint. Chairman Bill Siedler said the board's task - to determine whether to investigate the complaint further - was made more difficult by the ambiguity and lack of clarity in the borough's ethics ordinance.

&#8220There are things in it that just don't fit,” he said. &#8220And some instructions that are conflicting.”

Siedler said the lack of a definition of &#8220probable cause” specific to borough affairs, coupled with minimal documented evidence, led him to cast the lone dissenting vote in the board's 3-1 decision to extend the investigation.

Regardless of the probe's outcome, Siedler said, a revision of the borough ethics ordinance to make the process clearer next time will be one benefit.

&#8220Clarity will be the result of this,” he said. &#8220At some point in the future, we're going to sit down with the borough attorney and get things hammered out so this works in a smoother fashion.”

The complaint in question stems from Colver's alleged misuse of his position on the assembly to gain business for the surveying company he owns. Colver has said he did nothing wrong.

In a nine-page response to the board, he defended his conduct as an assembly member and outlined his record of recusing himself from matters that could be perceived as conflicts of interest. He said he thinks the controversy was created for political purposes because he was an announced candidate for borough mayor.

Colver later decided against a run for mayor and is seeking a school board seat instead. He said the board's investigation has no bearing on his campaign.

&#8220I feel completely comfortable in asking people to vote for me because I'm innocent, I obeyed the law and the charges are false,” he said. &#8220The people in the Valley know me and know my accomplishments. No amount of negative campaigning or false accusations will change that. I will continue to work hard and dedicate my life to serve the residents of the Mat-Su Valley.”

While the Board of Ethics has been considering the complaint, a separate criminal investigation into the matter is ongoing. The Palmer Police Department has looked into the case and plans to forward it to the state Office of Special Prosecutions and Appeals.

Palmer Police Detective Kelly Turney has questioned several people about possible official misconduct and misuse of confidential material by Colver, who retained legal counsel when the allegations came to light in June. Colver has refused to be interviewed by police.

Despite the board's decision to investigate further, Siedler said there is no presumption of guilt. He said while a broader investigation is serious, conclusions should not be drawn by the public.

Board member Jim Sykes echoed Siedler.

&#8220No one should presume that the complaint is valid or that anyone is guilty of anything. We still have questions and there's still some process to go,” he said. &#8220Nothing should be assumed one way or the other.”

Sykes also noted the challenge of trying to determine a course of action without specific direction.

&#8220It's been a long process, and we've had to figure out what to do based on an ordinance that is not particularly clear,” Sykes said.

The complainant, Mike Chmielewski, said the unclear ordinance was part of his motivation for officially approaching the Board of Ethics with the matter. In previous work with the school board and hospital, he said, he has dealt with ethics issues and understands their importance in the public process.

Chmielewski said this is an opportunity for the borough to provide clear direction to future public officials.

&#8220This can be a springboard for improving the guidelines available to others in office,” he said. &#8220This is an area where it's very difficult to put down a list of guidelines. There's nothing worse than murkiness or people acting in a gray area.”

While Chmielewski expressed concern about the lack of a meaningful ethics ordinance on the borough books, he was not willing to completely let Colver off the hook for his actions to procure a subcontract for his personal business on the recently contracted borough career center.

Chmielewski said he was concerned that if an official complaint were not filed, the situation would &#8220drift off into the background” and leave the issue unresolved for Colver as well as for the people of the borough.

&#8220There is an aroma that suggests a perception of a problem,” he said. &#8220This is worth looking into. It seems a reasonable thing to bring this forward.”

Still, he said, even if no wrongdoing is found, ultimately, the process will be beneficial if better ethical guidelines come out of it.

&#8220Getting this discussion out is a good thing, and the Board of Ethics is the forum for it,” he said. &#8220Whether there is a negative finding for Mr. Colver, the hearing process may come up with a variety of decisions. Maybe there's an opportunity here for the borough to do something that other levels of government haven't been able to do.”

Borough Clerk Michelle McGehee said it will take two or three weeks before the board meets again. She is seeking a legal opinion on procedural issues, since no ethics complaint has progressed this far in the seven years she's been on staff, and the board has no one with extensive tenure, either.

McGehee said once the procedural information is gathered, the board will convene in a prehearing conference to clarify the official schedule and &#8220sort things out.”

Siedler, just beginning his second three-year term, is the longest serving member of the board. Sykes, Wesley Tegeler and Chris Ornquist, who was absent for Monday's vote, are new to the board, which also includes Amanda Browne. Board members are appointed by the borough mayor and approved by the assembly.

Contact Mark Kelsey at

352-2268 or mark.kelsey@

frontiersman.com.