Menard

PROVIDENCE — The Rhode Island Ethics Commission says there is probable cause to believe Woonsocket Mayor Susan Menard broke the state’s ethics code by leasing four motorcycles for the Woonsocket Police Department from her son-in-law’s business.

The commission’s investigative report concluded that Menard had a conflict of interest, used her public office to obtain financial gain, and entered into a contract without public notice or subsequent public disclosure.

The commission met yesterday and discussed the matter in executive session and later announced its 6-to-0 decision to go forward with a trial. Menard could elect to go forward with a trial-like hearing before members of the commission where both sides will bring out witnesses and evidence. Each ethics code violation carries a fine of up to $25,000 so Menard could face fines of up to $75,000 if she is found guilty. Or, she could elect to settle the case.

The complaint filed by retired city police officer Edward Roy, says the mayor bragged on a local radio station that the deal with her son-in-law was good for the city because of the extras thrown in. The complaint, filed March 3, said Menard leased the motorcycles for $10,000 from Paramount Harley Davidson of Framingham, Mass., and that one of the owners is her son-in-law, James Pilavin.

Commission prosecutor Dianne Leyden said she was happy with commission’s decision. “We’re ready for the next phase,” she said.

“The big picture is this: you can’t have a family member or contract with a family member excluding everybody else. You can contract with a family member if you go out to bid,” Leyden said. “You have to go through an open, public process. They didn’t steer their family members towards that process. Open, transparent, government, that’s what we want.”

Glen Whitehead, Menard’s lawyer, met with reporters in the hallway near the commission meeting after the decision. Whitehead said “there was never a directive by Menard to use the Paramount Dealership.”

In his response to the prosecutor’s investigative report Whitehead said Menard never directed then-Deputy Chief Richard Dubois to enter into an agreement with Paramount but asked him to call to inquire what its price would be. He said no financial gain was obtained through the contract.

According to Whitehead’s memorandum response, Pilavin testified that the price he gave to Woonsocket was lower than any other municipality and that the department received extra dollar value for the equipment included on the motorcycles. Whitehead said Paramount broke even. He said Pilavin did it “out of affection for the city.”

Asked if there was a perception that the mayor may have done something wrong in dealing with her son-in-law, Whitehead said “I don’t think it looks bad. The bottom line is the city saves money. This is taking ethics laws to the extreme.”

Menard could not be reached for comment.

Whitehead said the ethics complaint was a political attack on the mayor from Roy, who had run unsuccessfully for a council seat.

“There will be a full hearing. We are looking forward to presenting our [evidence],” Whitehead said.

Menard could not be reached for comment.

Roy said when he heard Menard talking about the deal on the radio it seemed a clear breach of ethics. He said he was not surprised the commission is going forward with the case because the evidence against Menard is “all there right in front of you. It wasn’t complicated.”

tpina@projo.com