The Ethics Board heard three citizen complaints regarding alleged unethical activity surrounding the city of Madison's potential buyout of the Overture Center at their meeting Wednesday. All three Overture-related allegations came from Overture Center employee Davin Pickell.
The complaint against Mayor Dave Cieslewicz stated he advocated to the Common Council a plan regarding possible private ownership of Overture in August.
""[Cieslewicz] encouraged the community, the council and the city of Madison to support this proposal, which, if you examine the details of the program, is a legally binding agreement to exchange funds between parties,"" Pickell said.
After much debate, the board members determined not to hear this case because it did not pertain to city ethics code, as Cieslewicz was not directly soliciting.
Pickell's next allegation against 201 State Foundation employee Deirdre Garton stated she used city-owned computers, network access and letterhead to send a solicitous e-mail to the Overture Center supporters list. The board members decided they did not have jurisdiction in the complaint because she, as an employee of 201 State, was not a city official.
In a related allegation, Pickell accused Overture Center CEO Tom Carto of violating code by allowing Garton to conduct this activity using city property. Pickell was concerned that Carto had a conflict of interest in being employed by both the city and 201 State Foundation.
""I'm not quite sure how anyone could surmise that someone's employment contract supersedes the ethics code,"" Pickell said. ""He's playing both sides of the negotiation table in this situation.""
Board members said Carto's alleged action was indeed subject to the ethical code and the decision was within their jurisdiction. Carto's attorney, Rick Petri, requested a minimum of 10 days to prepare for the Ethics Board hearing, however, so the case will not be heard until a later date.
