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Hylton Pledge Ruled Conflict of Interest, Mercury 2-20-10
By Evan Brandt
ebrandt@pottsmerc.com
POTTSTOWN — Remember that pledge of up to $20,000 that school board member Thomas Hylton made last week to help pay for the architectural designs of new energy-efficient windows for Edgewood and Rupert elementary schools?
In addition to causing a conflict, it may also have caused a conflict of interest.
So how does $10,000 sound instead?
Among the many provisions of last week’s motion which included Hylton’s pledge, was a proviso that the entire arrangement be given the legal imprimatur of School Board Solicitor Stephen Kalis.
But Kalis could not give it.
Kalis felt, Hylton informed the board Thursday, that Hylton’s pledge — which had him receiving the money back if the windows were ultimately installed in both schools; or half the money back if windows were installed in only one school — created a conflict of interest for Hylton.
Because Hylton would have a financial interest in the outcome of future votes on the windows project, he would have to recuse himself from further voting, Kalis advised.
So acting on Kalis’ advice, the board voted 7-1 Thursday night to rescind the Feb. 8 resolution, which included reference to Hylton’s offer. Hylton abstained from that vote.
Board member Michele Pargeon, who has steadfastly opposed the windows project, nevertheless cast the sole vote against rescinding the vote that awarded the architectural contract for that project.
The board then — following further debate in which much the same arguments which have been made previously about this project were repeated — voted 5-4 again to hire Crabtree Rohrbaugh Assoc. to design the windows at a cost of either $20,000 or 6.5 percent of the cost of the project, whichever is less.
This time, however, the motion contained no mention of Hylton’s donation or a pledge to make one.
However, a donation was made anyway.
Hylton made an unconditional $10,000 donation to the district which solicitor Kyle Berman, who was sitting in for Kalis Thursday, said is legal and does not present a conflict for further votes on the windows project.
The board is free to spend that money however it sees fit.
Resident Stephanie Carmody suggested the board use the money to pay the costs of architect Ellis Schmidlapp, who toured the elementary schools over the winter break and issued a report to the district on their condition; a service for which he charged as much as $3,000.
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