[SBC] another Somerville News article: Alderman recuses himself from Max Pak discussion

[Ron Newman]

Looks like they put up two different articles on the same subject  
yesterday.

http://somervillenews.typepad.com/the_somerville_news/2007/03/ 
alderman_recuse.html
Alderman recuses himself from Max Pak discussion
By David Taber

Hours before he was scheduled to chair a joint meeting of the Board  
of Aldermen’s Land Use Committee and the Planning Board to discuss  
the rezoning of the Max Pak site, Ward 5 Alderman Sean T. O’Donovan  
was advised by the city solicitor to recuse himself from the  
proceedings.

   In mid-December, O’Donovan finalized the purchase of a house at 30  
Warwick Street, directly abutting the property in question.  KSS  
Realty Partners Inc. owns the property, and they are advocating for  
the rezoning in the hopes of building a 199-unit condominium  
development on the site.

   In letter dated March 1, addressed to O’Donovan, City Solicitor  
John Gannon wrote, “The conflict of interest statute establishes that  
a property owner is generally presumed to have a financial interest  
in matters affecting abutting and nearby property.”

   “Thus,” Gannon concluded, “unless you can clearly demonstrate that  
you do not have a financial interest, as a public employee you should  
not take any action in your official capacity on matters affecting  
property that is near or directly abuts your own property.”

   Gannon said he could not remember the exact date O’Donovan sought  
his opinion on the matter, but it was within a week before the hearing.

   O’Donovan confirmed that it was he who originally introduced the  
zoning amendment at a meeting of the Board of Aldermen in September,  
and then reintroduced it in January, setting the matter he has  
recused himself from in motion.

   Additionally he played a role in negotiating the current version  
of a covenant between the city and KSS, which establishes a set of  
guidelines the developers must adhere to in the course of construction.

   Citing the fact that the City of Somerville is his client, Gannon  
refused to comment on whether these actions might constitute  
violations of the law.

   O’Donovan did not return calls to The News by press time.

   Gannon said O’Donovan is not legally barred from participating in  
any public meetings on issues around the re-zoning of the proposed  
development, or from commenting on them as a private citizen.

   “He can still engage in the democratic process like any other  
citizen,” Gannon said