Politics & Government
Despite 'No Contest' Plea, Tinsley Could Face Ethics Charge
Criminal charges filed in Vermont could lead to serious ethics charges in Brookfield.
News that First Selectman-elect Bill Tinsley is facing larceny and felony embezzlement charges in Vermont has led to questions about whether he should take office and whether he violated the town’s Code of Ethics.
Tinsley is accused of stealing over $500 while working as a night clerk at a Ludlow, Vt. package store. The store owner and Ludlow police say there is incontrovertable video evidence of the theft; Tinsley maintains he is innocent of the charges.
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Read more: Vermont Store Owner Accuses Tinsley of Embezzlement.
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At this time the matter is still before a court, though Tinsley stated Friday that he intends to enter a ‘no contest’ plea at his next appearance on Nov. 26.
“If [the charges are] proven true, it’s something we would look into,” Brookfield Board of Ethics Chair Alice Carolan said, noting that before a final decision is made in court, “All these are are allegations — there’s nothing to look into right now.”
If the Board of Ethics does investigate, charges would likely come from Section 4-F of the Brookfield Code of Ethics:
“In addition to being a violation of laws, it is a violation of this chapter for any officer/employee to… be convicted of the criminal offense of bribery, corruption, racketeering, larceny, or a criminal offense.”
Section 10-4 of the Town Charter further states:
"Any willful violation of the dictates of law, of this Charter, or of the Town Code of Ethics Ordinances shall be reason for the removal of any elected or appointed official."
The Board of Ethics usually responds to complaints, however if Tinsley is convicted of the charges, the Board would initiate proceedings, Carolan said.
Is 'No Contest' Guilty or Not?
A plea of ‘no contest’ would not be an admission of guilt but could still lead to a conviction and ethics violations.“A plea of ‘no contest’ is essentially waiving the right to a trial without admitting any wrongdoing,” William Dunlap, professor of constitutional and criminal law (among others) at Quinnipiac University, explained, speaking in general terms and not this case specifically. “It leaves the judge free to render a conviction without him actually admitting guilt.”
While ‘no contest’ is not an admission of guilt, “In Connecticut, a ‘no contest’ plea is automatically followed by a conviction,” Dunlap said.
In his opinion, if convicted Tinsley could still faces ethics charges.
“In most cases it would make no difference as an ethics matter whether the conviction followed a ‘guilty’ plea, a trial, or a plea of ‘no contest,’” Dunlap said. “A conviction is a conviction.”
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