Should Madison have an ethics commission—and if so, what would its scope be? More than a decade after the town considered, but never actually formed an ethics commission, the idea is moving ahead.

In response to questions at a recent town hall-type discussion with residents on Jan. 30, First Selectman Peggy Lyons said the recently formed Government Studies Committee, which is taking a holistic look at Madison’s form of government with an eye on possible changes, will consider whether or not there is a need for an ethics commission.

The purpose of an ethics commission generally is to advise town officials or board members on matters like conflicts of interest, personal gifts, bidding processes for town contracts, and other areas that have the potential for corrupt practices, or even just the appearance of corruption. An independent citizens panel, made up of people who have expertise in the area of ethics, can act as a judicial body, ruling on whether certain relationships or government mechanisms are fair.

Several other nearby towns, including Guilford, Branford, and Clinton, have ethics commissions.

According to Selectman Al Goldberg, who served one term as Madison’s first selectman between 2007 and 2009, the town approved the creation of an ethics commission during his administration, though it was never implemented. Goldberg said he was not certain exactly why or how the commission failed to be formed, if it was approved by the Board of Selectmen.

Madison does have an ethics policy, which was most recently updated in 2011. That policy references an ethics commission, and directs “any public official, employee, or volunteer” to solicit an “advisory opinion” from the ethics commission when there are ethical questions. It also requires officials or employees to disclose conflicts of interest to the commission.

At the town hall meeting, Lyons and Goldberg were both peppered with questions about an ethics commission—when it could be formed, what its responsibilities would be, and whether or not it was urgently needed in Madison. Lyons told The Source she intended to get the commission formed this calendar year.

Samantha Pullaro, who attended the town hall meeting, pressed Lyons several times on the issue. She later told The Source that she felt that an ethics commission should really be seen as a necessity.

“I did not realize that there was not an ethics commission in place,” she said.

Pullaro cited a recent issue with solar panels installed in Madison school parking lots in which a town commission member’s involvement with a solar company that contracted with the town raised ethical questions. She said generally it was difficult to trust in certain government functions without some kind of oversight.

“I don’t see a way around it. I think people in town—whether they are on a committee, whether they’re just citizens that have no formal involvement in town government—if people don’t pay attention, then no one’s going to,” Pullaro said.

Goldberg cited a handful of other recent situations or questions that could be ruled on by an ethics commission.

The town is currently negotiating for a lease for the Island Avenue School building with Our Lady of Mercy Preparatory Academy (OLMPA), a private school. John Picard chairs the OLMPA board, but also serves as a member of Madison’s Board of Finance.

Picard has told The Source and other town officials that he will recuse himself from any potential decisions or discussions the Board of Finance might face regarding OLMPA, but Goldberg said an ethics commission could offer objective, informed opinions on specific best practices in these kinds of situations.

An ethics commission could also have advised when former first selectman Tom Banisch’s image was used by his former company while he was in office, Goldberg said, offering an objective ruling outside of partisan rancor.

“Without an ethics commission, you don’t know who might step forward and say, ‘Look, there’s something about town government that bothers me,’” Goldberg said.

Goldberg said right now, most of those kinds of complaints are likely routed to the First Selectman’s Office, which is hardly going to be seen as an objective and detached party by townspeople.

As far as the specific functioning of an ethics commission, Pullaro said she envisioned it being more active in its function. But striking a balance between ensuring responsible governance and good ethical practices without weighing down officials with more bureaucracy will always be difficult, she said.

Pullaro also questioned the process and urgency, and the need for having the Government Study Committee to offer a recommendation before forming the commission. Lyons and Goldberg both said they felt having the recommendation come from a group of citizens rather than the Board of Selectmen would give a potential ethics commission more independence and legitimacy.

“This type of commission in particular, because of the topic that it covers, it’s important that it come independently. Because otherwise it looks like we’re policing ourselves. Part of this is to police the” Board of Selectmen, Lyons said.

The Government Study Committee is likely to look at how other towns handle ethical issues in government, and how other ethics boards or commissions function, before returning with potential recommendations in May, Lyons said.