Subject: RE: Dancy ethics violation
From: Ann Anderson
Date: 3/29/21, 11:51 AM
To: Karen Stegman

Sender: aanderson@townofchapelhill.org
Subject: RE: Dancy ethics violation
Message-Id: <SA0PR09MB73243BB0119792BEE444AD0BD87E9@SA0PR09MB7324.namprd09.prod.outlook.com>
To: kstegman@townofchapelhill.org

Subject: RE: Dancy ethics violation
From: Ann Anderson <aanderson@townofchapelhill.org>
Date: 3/29/21, 11:51 AM
To: Karen Stegman <kstegman@townofchapelhill.org>

Hello. Just letting you know that I reviewed the video and it does not appear that the recusal process for Susana was a strictly legal or ethical violation. I have shared that opinion with the Mayor as well. She was recused through a proper motion, and she “stepped away” from the discussion, consideration, etc. as contemplated in the ethical guidelines.

 

As to whether the “look” of the situation is something Council wants to remedy in some way in the future through rules revisions or alterations in membership, we can have that conversation.

 

From: Ann Anderson
Sent: Thursday, March 25, 2021 8:48 AM
To: Karen Stegman <kstegman@townofchapelhill.org>
Subject: RE: Dancy ethics violation

 

Oh, boy. Thanks. Let me take a look at the scope of her recusal. I’m going to see if Amy Harvey has the video available as well.

 

From: Karen Stegman <kstegman@townofchapelhill.org>
Sent: Thursday, March 25, 2021 8:14 AM
To: Ann Anderson <aanderson@townofchapelhill.org>
Subject: Fw: Dancy ethics violation

 

Hi Ann,

 

Would appreciate your thoughts on this. 

 

Best,

 

Karen

 

Karen J. Stegman

Council Member

Town of Chapel Hill

405 Martin Luther King Jr. Blvd.

Chapel Hill, NC 27514-5705 

Phone: (919) 824-5197

 

 


From: Jon Mitchell <capt.jdm@gmail.com>
Sent: Wednesday, March 24, 2021 3:50 PM
To: bberndt500@aol.com <bberndt500@aol.com>
Cc: Karen Stegman <kstegman@townofchapelhill.org>
Subject: Dancy ethics violation

 

External email: Don't click links or attachments from unknown senders. To check or report forward to reportspam@townofchapelhill.org

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