Investigation Reveals Scituate Official Under State Ethics Probe

Investigation Reveals Scituate Official Under State Ethics Probe

 

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A Scituate town councilman is under a state ethics investigation after he refused to recuse himself from voting at a meeting where his wife repeatedly spoke out against a proposed wind turbine that she said would be directly behind their backyard.

The owner of the land where the turbine would be built, Gloria McConville, filed an ethics complaint with the state on July 22, accusing Councilman John Winfield of violating the state ethics code by not recusing himself from the April 22 town council meeting where his wife spoke out and voting in favor of a moratorium on wind turbines—blocking the town zoning board from considering the application.

McConville also complained that Winfield serves on a town committee that is drafting an ordinance on wind turbines, noting that his wife has showed up to committee meetings this summer to criticize the project. “Here’s her husband sitting on this committee, looking to vote on all this,” McConville told GoLocalProv. “To me, it’s a conflict of interest.”

Gary Petrarca, an investigator for the State Ethics Commission, confirmed the panel was investigating Winfield for a possible ethics violation. He could not elaborate further, citing the ongoing investigation.

Turbine Needed To Help Save Family Farm

The proposed 427-foot wind turbine would be built at the Sunset Orchards apple farm at

244 Gleaner Chapel Road

, hundreds of feet away from where Winfield and his wife Linda live, at 727 Hartford Pike. McConville needs the extra money she will make by leasing the wind turbine to help her cover the bills and pay property taxes. Her family has said that the project is needed to save the farm.

At the April 22 town council meeting, Linda Winfield said she and her husband opposed the project. She said the shadow flicker from the turbine could cause her son, who has epilepsy, to have life-threatening seizures, warned that the noise might lead to migraines, and worried that loose blades might fly off the turbine and come crashing into her backyard or house.

Winfield Denies He Has to Recuse Himself

At that meeting, the attorney for the developer, Wind Energy Development, asked Winfield to recuse himself. Winfield said he did not have to because his home is not within the necessary 300 feet of the orchard to be considered a direct abutter.

“The State Law is very specific on when a person can become involved in voting and when a person cannot become involved,” Winfield said, according to a copy of the meeting minutes obtained by GoLocalProv. “The State Law specifically says abutters within 300 feet away from the proposed endeavor. You can’t have your cake and eat it too.”

But the State Ethics Commission has previously indicated that members of public committees must recuse themselves when their spouses show up at meetings to speak on committee business.

In 2009, the State Ethics Commission ruled that Tiverton School Committee member Danielle Coulter had to recuse herself from a meeting where her husband was expected to show up and ask the committee to form a workshop on staff compensation.

Repeated attempts by GoLocalProv to reach Winfield for comment were unsuccessful.