Subject: Re: Dancy ethics violation
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Date: 3/25/21, 1:08 PM
To: "capt.jdm@gmail.com" <capt.jdm@gmail.com>
CC: "kstegman@townofchapelhill.org" <kstegman@townofchapelhill.org>, "anicholson2@townofchapelhill.org" <anicholson2@townofchapelhill.org>

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Subject: Re: Dancy ethics violation
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Subject: Re: Dancy ethics violation
From: bberndt500@aol.com
Date: 3/25/21, 1:08 PM
To: "capt.jdm@gmail.com" <capt.jdm@gmail.com>
CC: "kstegman@townofchapelhill.org" <kstegman@townofchapelhill.org>, "anicholson2@townofchapelhill.org" <anicholson2@townofchapelhill.org>

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Dear Jon,

Thank you for your email regarding the CDC review of Aura on March 23, 2021.  I would like to let you know that I have asked the Town staff to review your comments with the Town Attorney.  I hope to have guidance before our next CDC meeting on Monday, March 29th.  The staff has added continuation of the Aura item to a meeting we had already scheduled to review another project.  The agenda is posted on the Town's website.

Thank you for writing to express your concerns.

Sincerely,
Christine S. Berndt
Vice-Chair, CDC


-----Original Message-----
From: Jon Mitchell <capt.jdm@gmail.com>
To: bberndt500@aol.com
Cc: kstegman@townofchapelhill.org
Sent: Wed, Mar 24, 2021 3:50 pm
Subject: Dancy ethics violation

Hi Christine,

Thank you for your leadership as acting chair of the CDC last night during the Aura discussion and for your substantive comments on the application, which were well taken. I was among the public observers and participants in the meeting. I'm writing to bring to your attention Ms. Dancy's violation of the Ethics Guidelines for Town Advisory Boards and Commissions and to respectfully ask that you do what you can to prevent the violation from recurring at the CDC's next meeting (which I understand will occur within the next ten days), or behind the scenes in the interim.

The ethics guidelines begin:

"Members of advisory boards and commissions shall not discuss, advocate, or vote on any matter in which they have a conflict of interest or an interest which reasonably might appear to be in conflict with the concept of fairness in dealing with public business. A conflict of interest or a potential conflict occurs if a member has a separate, private, or monetary interest, either direct or indirect, in any issue or transaction under consideration. Any member who violates this provision may be subject to removal from the board or commission." (Emphasis mine.)

As you know, last night Ms. Dancy was formally recused from the CDC's discussion of Aura. Ms. Dancy nevertheless, without personal solicitation from the panel, fielded multiple questions from the panel as a paid advocate for Trinsic. I objected contemporaneously (via the Q&A function) and was dismissed by Town staff, who suggested erroneously that Ms. Dancy was recused from participating as a member of the commission but could participate as a member of the development team. In the language quoted above, "advocate" unquestionably includes representing the applicant. (To draw this out slightly, I note that the guidelines do not say "discuss, advocate, and vote." And "advocate" can't be narrowly construed to mean "advocate as a panelist" because that would be redundant with "discuss." There's a potential argument that "advocate" does not include responding factually to factual questions, but it's foreclosed by Ms. Dancy's comments on behalf of Trinsic, which strayed beyond factual clarifications. For example, you may recall her arguing at some length that a greenway along Aura's northern boundary is unnecessary.)

Thank you for your dedicated service to the Town, and for continuing to provide thoughtful and independent feedback on matters before the CDC. We appreciate it.

I'm copying Karen Stegman for her awareness as Council liaison to the CDC.

Respectfully,

Jon Mitchell