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3/6/2008
WOONSOCKET - An ethics complaint against Woonsocket Mayor Susan Menard has been sent to the Rhode Island Ethics Commission by former police detective sergeant and City Council candidate Edward Roy.
In his two-page complaint, backed by various "proof" documents, Roy alleges that Menard violated state ethics law by her involvement in the process of leasing four Harley-Davidson motorcycles through her son-in-law's dealership, Paramount Harley Davidson, in Framingham, Mass.
Roy said in the complaint that Paramount, with Menard's son-in-law James Pilavin as a principal owner, is not the dealership contracted to the city by the Greater Boston Police Council, and leasing through the company "is an egregious violation of the Rhode Island General Laws, specifically, Title 36, Chapter 36-14 Code of Ethics."
Rhode Island General Law 36-14-7 on ethics states that, "No person subject to this Code of Ethics shall use in any way his or her public office or confidential information received through his or her holding any public office to obtain financial gain other than that provided by law, for him or herself or any person within his or her family, any business associate, or any business by which the person is employed or which the person represents."
Under definitions, "any person within his or her family" includes, among other relations, a son-in-law.
A spokesperson for the Ethics Commission said that the policy is to neither confirm nor deny whether a complaint has been filed until three days after it is received once a determination has been made that it is notarized and found to be completely "in order."
The ethics complaint was sent by mail on Monday of this week.
Roy alleges that Menard, as part of her role in a "major decision-making position" as mayor of Woonsocket, was involved in two-year leases of $10,000 for Harleys going back to 2001.
During her weekly radio appearance on WNRI's "Up Front" program with Roger Bouchard on Feb. 19, Menard said that the money was coming from the Justice Department's Local Law Enforcement Block Grants, LLEBGs, at no cost to taxpayers, and that the lease through Pilavin benefited the city because of "extras" that were thrown in.
In a Feb. 20 letter to retiring Police Chief Michael L.A. Houle, which was copied to various city leaders, City Council member John Ward said that after reading the rules for what local Law Enforcement Block Grants, LLEBGs, can be used for, he determined that leasing four Harleys was a valid use, with no stipulations against such a lease.
However, Ward indicated to Houle that Menard likely violated state ethics law by having the department lease from Paramount, which is owned by brothers James, Stan and Rich Pilavin.
According to the state Board of Elections Web site, Pilavin donated to his mother-in-law's political campaign for mayor in 2005, with $1,000 given then, and again during 2007, giving $750. Both donations were through Paramount's sister dealership, Precision Harley-Davidson of Pawtucket.
City Council members questioned Houle at a meeting on Feb. 18 about both the family ties to Pilavin and whether or not a fair bidding process even took place for the lease, as called for by the Woonsocket City Charter for purchases over $5,000 and leases longer than one year.
City Council members said the decision to go with Paramount is disturbing, as Woonsocket already has a deal with Boston Harley-Davidson, of Everett, Mass., for both motorcycles and cruisers for the Woonsocket Police Department.
Speaking at Monday's City Council meeting, council President Leo Fontaine said the timeline for the lease of the motorcycles last month is especially disturbing to him.
* At the Feb. 18 City Council meeting, Fontaine said the council asked why the city didn't go out to bid, as the City Charter stipulates for such leases.
* On Feb. 19, he said, a quote came in from Boston Harley-Davidson.
* Now it has been discovered, according to Fontaine, that a $10,000 two-year lease payment was sent to Paramount on Feb. 18.
"Why would we go out for bid a day after a payment was made?" he asked.
Council members said that documents given them by Solicitor Robert Iuliano Monday night still lacked the requested bid documents for the two-year leases going back to 2001.
"I appreciate that we (saved money), but the law is quite clear that processes have to be followed," said Fontaine.
