[ back ]
Perceived conflict explained by trustee
(by Joan Demirjian - September 17, 2008)
Perceived conflict explained by trustee
By JOAN DEMIRJIAN
Bainbridge Trustees attempted to clear up questions Monday over contracts on township projects related to River Road Park and a cemetery expansion.
Questions have been raised over whether Trustee Jeffrey Markley has any business association with Chagrin Valley Engineering or Clemson Excavating.
He said he wanted to shed light on concerns by Trustees Matthew Lynch and Linda White that he was involved in awarding a contract where he had a personal interest. "I'm here tonight to publicly state that I have no personal interest in any township contract, and I did not influence the contract process," Mr. Markley said. He was referring to a township contract with Chagrin Valley Engineering Ltd., of Oakwood.
Mr. Markley is director of Ohio Stream Preservation, and two employees of Chagrin Valley Engineering are members of the nonprofit organization's board of directors, which decided on his compensation.
Commenting on the Restland Cemetery expansion, Mr. Markley said he was "involved with helping the township work through a proposal process, to provide recommendations of suitable consultants for the jobs, to assist in implementing their scope of work and to help resolve confusion related to invoices as a result of those contracts."
If he can be accused of anything at all, he said, it might be that "I was naive in the way of local politics and that I simply do my job as trustee the way I approach many things in my life, to lend a hand when asked, to be mindful at all times of the best interests of the township and to treat others as honestly and as fairly as I would expect to be treated."
Mr. Markley said he began receiving e-mail correspondence from Mr. Lynch last January concerning involvement in a potential conflict of interest with the contracts that were awarded in 2007.
Two engineering and project-management contracts were competitively bid by local firms and were awarded to Chagrin Valley Engineering for a total of $13,500. One was for Restland Cemetery expansion and the other for River Road Park's sewer and water extensions.
The board of trustees at the time voted to accept Chagrin Valley Engineering proposals for both projects.
Mr. Markley said that, as soon as he received Mr. Lynch's e-mail on his concerns, he talked with the Geauga County Prosecutor's Office and the Ohio Ethics Commission.
The prosecutor's office concluded that there is no conflict of interest, but, in order to avoid any appearance of impropriety, Mr. Markley said he was told he should abstain from any "conversation, negotiation or votes" concerning the company in the future.
As a cemetery committee member, Mr. Markley was involved in discussions in 2008 on the project. He also responded to the new township fiscal officer's requests for assistance to help sort out some confusion over Chagrin Valley Engineering and Clemson Excavating invoices, he said.
Mr. Lynch brought up his concerns again Aug. 20, questioning Mr. Markley's participation in a public discussion regarding invoices for the expansion project.
Mr. Markley said he called the county prosecutor immediately, who said, "To avoid any appearance of conflict of interest, it would be better if I abstained from all conversations, discussions or votes involving CVE or the contractor for the project, Clemson excavating."
Mr. Markley said he thought the original prosecutor's opinion applied to the contract process, not discussions with the ongoing project. He notified the fiscal officer that he could not discuss the issue.
He said he did not purposefully or knowingly disregard the January advice of counsel. "Rather, I did what I always do when asked for help. I jumped right in without hesitation and, perhaps, without thinking." He apologized to the board and residents.
He intends to abstain on further discussions on the two companies, "purely on the basis that any involvement from me may be construed as a potential conflict," Mr. Markley said.
"I have learned a valuable lesson about local politics and will not be so naive in the future," he said. He concluded by saying, "I renew my pledge to serve as your trustee."
In response, Mr. Lynch said he believes Mr. Markley is "an extraordinarily valuable and hard-working member of this board." It was with reluctance that the issue was raised, he said.
"I was pleased that, with some encouragement, Jeff was able to tell the whole story," Mr. Lynch said.
Resident David Jones said the incident is a "learning experience" for everyone. "Can't we accept it and move on with the job you were elected to do?" he asked to a round of applause from the audience.
Mr. Lynch presented a proposed policy for the board of trustees on how to respond to an appearance or potential for a conflict of interest. "Had a policy been in place, we wouldn't be sitting here," he said.
The policy will be up for a vote at a future trustees meeting.
[ back ]
