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While the reconsideration vote for the library expansion project was transpiring, residents of Guilford took notice of the Conflict-of-Interest Richard Wizansky had as the Selectboard Chairman comingled with his role as a Trustee and the Treasurer of the Guilford Free Library. (GFL)

 

Residents pointed specifically to Guilford’s Conflict of Interest Policy which was drafted by Wizansky and Sheila Morse in 2018.

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When Wizansky was just a Trustee of the GFL, he had recused himself from multiple discussions concerning the library that were brought in front of the Selectboard, so no one was concerned that Richard held both offices.

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However, residents took notice when Richard started using his influence as Chairman of the Selectboard to solicit 1.3 million in public funding for a library he was now the Treasurer of. Residents then petitioned for a reconsideration vote and started exposing Richard's conflict. 

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When the reconsideration votes were tallied, the residents of Guilford overturned the original yes vote. So, after leveraging tens of thousands in public funds from Guilford's Capital Fund, the library project was stopped in its tracks. 

 

At the Selectboard’s next reorganizational meeting, Wizansky's motioned for Zon Eastes to replace him as the Chairman of Guilford's Selectboard.​ 

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Zon, now acting as Chairman, attempted to persuade the residents of Guilford that Wizansky never had a Conflict to begin with, but there were so many examples of Richard recusing himself, that it required an explanation. ​

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For instance, Richard was just a Selectboard Member and Trustee of the library when at 1:03:40 of this meeting the Town Administrator, Peder Rude, points at Richard and states: “I hate to be a stickler, but technically you shouldn’t be discussing this motion.”

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​At 13:30 of this meeting Richard was required to recuse himself because the library was asking the selectboard to apply for a federal grant. Richard’s recusal made it so there wasn’t a quorum, and the topic had to be tabled until the next meeting.

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​At 1:16:45 of this meeting Wizansky states: “I recuse myself due to the fact that I am a trustee of the Guilford Free Library.”

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​Peder Rude was acting as a good Town Administrator when he questioned Wizansky's conflict and insisted on his recusal over and over again but fast forward to January 10th, 2022.

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Peder reads the resolution about the library addition at 29:00. At the 30:30 mark, Wizansky asks for a motion on the floor for the library resolution; Michael Becker makes the motion. Richard then asks for a second, and when no one responds, Wiz seconds the motion himself and later votes on it.

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Connie Burton and Jason Herron had watched the meetings of Richard recusing himself and wanted to know why the selectboard was now allowing Richard to motion and vote on items concerning the library?

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In the meeting with Connie and Jason, newly appointed Chairman Eastes hypothesized that Peder Rude met with the town’s lawyer and it was determined that Richard never had a conflict with the library to begin with.

 

Zon also hyothesized that Peder and the previous Selectboard had been wrong to enforce Richard’s recusals, and the issue had been settled with advice from the Town's lawyer before Zon was appointed to the selectboard.

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Zon confirmed his theory in a follow up letter to Connie and Jason stating: “As luck would have it, I've been able to track through the background for the explanation I suggested this morning, the possible justification for no conflict where there might have been one prior.”

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“I spoke with three people, all of whom corroborate my story: Peder, a fellow selectboard member, and the current lawyer (who had offered advice following the opinion of Guilford's previous lawyer.)”

 

So, Zon put in writing that Peder Rude and the Selectboard had been wrong to force Richard’s recusal in matters concerning the library. Zon's authority for this statement was from both the Town's current and previous lawyers.

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Herron then asked Zon for the written statement from either lawyer explaining how they came to that conclusion

 

Zon replied:

“Sure, once I receive the notes from my conversation with the lawyer, I’ll send info to you. Thanks.” 

 —Zon

 

Here is the timeline for Zon’s story;

- On August 12th, 2019, Wizansky recused himself from voting on library funds.

- On August 26th, 2019, Sheila Morse announces her resignation as Chair in the middle of her term.

- On Sept 9th, 2019, Richard is nominated the new Chair and Zon voted for him in his first act serving as Sheila’s replacement.

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If Zon’s claims were true, Peder Rude met with the Town’s lawyer to discuss Richard’s conflict sometime between August 12th, the last time Richard recused himself before Zon was a board member, and September 9th, when Zon was appointed.

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There are no receipts for any legal advice from the time Richard was required to recuse himself through the time Zon was appointed to the board. There is no evidence of any kind that what Zon stated is true other than his words.

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Connie and Jason followed up and asked Zon if he had received the notes from the lawyer yet. Instead of emailing the lawyers’ response, Zon suggested a private meeting to discuss them. Preferring that Zon characterize what the lawyer said in an email, Connie and Jason asked him; Zon responded:

 

Morning.

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No, sorry, I will not characterize in an email what the lawyer has stated. (…)

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I am not required to supply this info to you in any form, but I am offering you and Connie an opportunity to hear, to ask questions, and to more fully understand the claim we continue to make that there is no conflict of interest here.  

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 Best—Zon

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While Zon attempted to convince Connie and Jason that there was “no conflict of interest here,” Peder Rude was asked for the last five years of Wizansky’s Conflict of Interest Disclosure Statements and gave a cost to Jason Herron to retrieve those documents. 

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​​Article 13 of that policy reads: In the interest of transparency, at the first organizational meeting of the Selectboard annually, each Selectboard member shall complete a “Conflict of Interest – Related Party Statement & Questionnaire”

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Richard drafted and then signed the policy and Peder Rude had been enforcing its adherence at every reorganizational meeting since its inception. There should have been five years of records; and the price Peder quoted Jason to obtain those records reflected that notion.

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Peder was then suddenly diagnosed with a "grave health issue" and stopped all communications with Herron but maintained communications with Selectboard Members, the Town Clerk/Treasurer, Assistant Town Clerk, other Residents of Guilford, and his newly appointed Assistant Town Administrator (Sheila Morse)

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​Sheila Morse was first appointed as Guilford’s Assistant Town Administrator to help because of Peder’s grave health issue. Shortly thereafter Sheila replaced Rude entirely as Guilford’s Interim Town Administrator when Peder left to “pursue other opportunities.”

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Zon then claimed that Wizansky's Conflict of Interest disclosure statements “were not required to be maintained by the Town.” Herron challenged that statement all the way to VT’s Supreme Court.

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Here is the entire Brief Herron submitted and the Ruling he received from the Court. Here is also a link to a Brattleboro Reformer Article. Although it is a somewhat biased, it does show a timeline of some events. Lastly, here is the 10 minute Supreme Court Hearing.

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The Supreme Court granted the Town’s motion to dismiss Herron’s complaint claiming he did not make his arguments clear to the Trial Court. (Superior Court) So, the Supreme Court would not consider them on appeal.​ However, the Supreme Court did elaborate to some extent.

 

In Herron’s brief, he contested over a dozen statements the Trial Court alleged in their ruling to grant the Town’s motion to dismiss. The Supreme Court concluded that Herron’s brief makes several factual allegations and arguments including:

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- The Town failed to respond to Herron’s renewed records request within three days, which was a constructive denial of that request;

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- Herron exhausted his administrative remedies by asking the selectboard chairperson about the missing questionnaires and sending emails to various town officials;

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- The transcript of Zon’s Eastes’ oral response at the May 9 selectboard meeting constituted the selectboard’s written determination of his appeal;

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- Eastes also denied Herron’s request by stating that the Town was not required to retain the questionnaires.

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- Herron further argues that the court erred in its summary-judgment analysis. He challenges the court’s statements that he believed the Town must have destroyed the missing questionnaires and that he sought to expand the record beyond the original complaint.

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- Herron also claims that Chairman Eastes does not represent the Town and therefore his affidavit is inadequate to prove that the Town has given him all responsive documents and did not destroy any conflict-of-interest questionnaires.

 

Herron argues that there remains a genuine dispute regarding these facts.

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We need not address these issues because, as explained above, it was appropriate for the trial court to dismiss the case (...).

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