re·cuse
tr.v. re·cused, re·cus·ing, re·cus·es
To disqualify or seek to disqualify from participation in a decision on grounds such as prejudice or personal involvement.
The fact that the 5th district's Diane McCartin Benedetti tonight voted twice against approval of one of her brother's greenfield development projects isn't really the issue, is it?
After all, it's easy to feign independence when the results are preordained.
My question: Should she vote at all on matters that pertain to her brother?
Jeff Gahan's the president, the honeymoon is in effect, and I'll be back tomorrow with more on the year's first council meeting.
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13 comments:
Since she is my council person, I was going to ask her that question. I will give her a call Tuesday. I did not ask tonight because my priorities are screwed up with the Buckeyes playing tonight. Sorry!!
Is it possible that Mrs. Benedetti never even thought about whether there was a conflict?
Had the vote been 4-4 with Mrs. Benedetti abstaining, that would have been a vote "for" her brother's financial ambitions.
The conflict is so obvious as to be elementary. Why then did she autonomically cast her vote.
And if "The Gary" has been told that Diane will vote "against" every proposal of his that comes before the council, is that fair to Mr. McCartin?
I'll bet you that the statutory law doesn't describe the brother-sister relationship as once that raises a conflict "legally." So, theoretically, Mrs. B could vote on EVERY McCartin proposal without any "legal" ramifications.
Whether the voters will be so blase about it is another question.
Oh, and Coop? S-E-C!
For Gahan not to appoint a sitting sewer board member, Kevin Zurschmiede to the council committee charged with sewer board reorganization is a clear signal that he does not value any input from the current sewer board. Is this the kind of leadership we can expect from President Gahan for the next year? Kochert was labeled as King Larry, looks like its now King Jeff
Mr. Gahan certainly is giving people something to talk about about.
What that something actually is remains somewhat unclear.
He's making easier for sam Anderson in 2011
I also agree with you roger that Benedetti should ethically abstain or recluse her self from any vote that affetx her brother or any McCartin development, another brilliant move, Gahan puts her on the redevelopment commission
typo. affects
Just got off the phone with Ms Benedetti. She was very direct and to the point. She states she does not have to recuse if there is no capital gain for her.
She did not abstain because she said she was well informed, had her facts straight and made an informed decision.
She insists her decisions will be made for the interest of New Albany not for any developer.
I would suggest that she think about the following.
"Laws tell us what we can do. Ethics tells us what we should do."
Not original by me but I don't remember where I read it.
The proof will be in the pudding on MS. Benedetti, but she is off to the wrong start. The McCartin group likes to have their way and the saying is blood is thicker than water, so we shall see
Here is the rest of the story!
It seems everyone involved on the side of the developer thought this resolution was to be tabled last night. The supporters of this project wanted time to educate and answer any questions any of the new Council members might have concerning this project.
Did the lawyer for the developer drop the ball? Did someone in the planning and zoning dept drop the ball? Did the Councilman who introduced the resolution drop the ball?
It seems no one was there, including the lawyer to speak in favor of the issue because they thought the resolution was tabled.
If there is a lesson to be learned here it's when you're dealing with millions, make sure you dot all your "I's" and cross all your "T's".
"fiscally responsible libreal conservative" is advised to familiarize him/herself with the rules of comment engagement here.
In short: No anonymous postings without my prior consent.
Also, it's "liberal." I know because I am one.
If Benedetti truly wants what's best for New Albany rather than developers, then she should have no problem supporting a low impact development ordinance and an ordinance assessing impact fees on developers.
Look to other communities to see what a difference Low Impact development has made, it's time for New Albany to embrace the environmentally sound way to develop, so Benedetti may get her chance to prove her claims shortly.
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