The West Tisbury Select Board will likely bring action against a member of a local committee over concerns of a conflict of interest.
On Wednesday, the select board tabled a decision on what type of action they will take until West Tisbury affordable housing committee member Jeffrey DuBard has time to review pertinent records. But the board is expected to make a decision next week.
DuBard, aside from being a member of the housing committee and the town’s Community Preservation committee, also serves as a member of the Island Housing Trust board of directors.
Last year, the select board awarded the Island Housing Trust a bid to develop an affordable housing development on 401 State Road. Town meeting approved the development of the three-acre property in 2021.
Since awarding the bid to the trust, the affordable housing committee has helped to oversee the project’s development. Minutes from affordable housing committee meetings over the past several months show that DuBard didn’t recuse himself from some discussions about the project, and also seconded motions and even voted.
“I’m concerned about the town’s legal exposure,” town administrator Jennifer Rand told select board members during Wednesday’s meeting.
The town’s legal counsel, Ron Rappaport, said that there is a conflict of interest. Rappaport said that DuBard should have recused himself from any discussion, and not taken part in any votes.
DuBard, when reached by The Times following Wednesday’s meeting, says that he has since realized that his actions do represent a conflict. In an emailed statement, he said that he would accept any action the select board decides to take, and that he will leave the room whenever the housing committee discusses the State Road project.
“Even with my only intention being to contribute to a productive housing committee and successful community project, I regret that I was not more mindful of the conflict,” he said in the note.
“My only interest is in providing greater security and solutions to the housing crisis that our children, friends, neighbors, and vital community members face,” his statement continued. “Although I genuinely did not think I had acted inappropriately, I was wrong to participate, and did not think. I have spoken with and self-reported to the State Ethics Committee, and will accept any actions that they and the West Tisbury Select Board choose to take. Both the West Tisbury affordable housing committee and Island Housing Trust are vital and honorable organizations. I hope this will not reflect on any of the great and life-changing work that they each do. It is a privilege and great responsibility to serve.”
At Wednesday’s meeting, DuBard told the board that he does not recall voting or seconding a motion, but wanted to go back through the meeting minutes and possibly watch recordings of the meetings.
Meeting minutes from January 24 read that DuBard seconded motions during the meeting. One motion that he seconded laid out the configuration of the housing units for 401 State Road. The committee voted unanimously to have three two-bedroom units and five one-bedroom units.
In the minutes, DuBarad also seconded a motion to include a common area for gathering in the housing development, which was also unanimously approved by the committee.
On Wednesday, DuBard told select board members that during housing committee discussion about State Road, he prefaced any comment he made by saying that he is an Island Housing Trust board member.
But the board also had concerns with how DuBard responded at previous meetings. Board chair Skipper Manter said that DuBard had told the board at a meeting earlier this month that he did recuse himself from previous discussions on 401 State Road. But Manter said that it appears the meeting minutes did not reflect those statements.
Before taking action, Manter wanted to give DuBard an opportunity to review the meeting documents, and for the town to review recordings of what was said at previous meetings. The rest of the board did not protest, and Manter suggested that possible action would be taken at a meeting next week.
On an island with, say, 20K people, it is very, very difficult to avoid “conflicts of interest” or at least the appearance thereof. Our work lives overlap over our volunteer lives, and the concept of “conflict” can be extended to include family members and business associates. The essential question to be asked is not “Is there a connection?” It’s “Is a person or his/her family member and/or business benefiting from the connection?”
Sure, Mr. DuBard should have filed a disclosure with the town. He can fix that PDQ. But did he benefit financially or in other way from being both a board member of Island Housing Trust and a member of West Tisbury’s Affordable Housing Committee? I’m guessing the opposite: that the time he has spent fulfilling both roles made it harder to earn a living or, for that matter, have a life. Believe it or not, it’s actually a plus when two organizations with a common purpose have connections that can keep each informed about what the other is doing.
Stay classy, West Tisbury. We’ve got far worse things to contend with than one citizen volunteer being involved in two entities that are both trying to cope with the Vineyard’s housing crisis.
Having worked with West Tisbury Affordable Housing Committee I know that there was no intent to violate the Conflict of Interest Laws, only to help those in need of housing.
The statement by Susanna Sturgis is right on and should be a strong consideration for the Town Leaders.
The Affordable Housing Committee is a very time consuming function of the town and to have someone willing to step up needs support and encouragement from our Leaders. People lives are greatly affected by the work that is being done by a group of volunteers that receive nothing but satisfaction that they may have made a difference.
Hang in there Mr Dubard.
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