New Ethics Handbook Restricts Social Media Use for Planning Board Appointees

Key Points

  • Planning Board adopts formal Handbook and Code of Conduct governing member behavior and mass communications
  • Cedarville Steering Committee seat remains vacant after board rejects both a non-attending former member and a part-time resident
  • Board recommends zoning relief for a "post-facto" pool cabana built inside property setbacks at 7 Bay Colony Drive
  • Land Bank legislation update reveals reporting deadline extension to March 18 at the State House

The Plymouth Planning Board established a rigorous new framework for official conduct on Tuesday, adopting a comprehensive Policy Procedures Handbook and Code of Conduct intended to standardize behavior for board members and their appointees. The document, which has been under development for months, codifies existing statutory requirements while introducing specific restrictions on how officials interact with the public through digital platforms. Chair Steven Bolotin noted that the handbook serves as a guide for residents and appointees alike, stating, This handbook is intended to let residents know what is expected when they appear before us and provide guidance to those we appoint to other bodies.

The board engaged in a detailed debate regarding the reach of the new rules, particularly concerning the First Amendment and the use of social media. Member Francis Mand raised concerns about the breadth of the language in Section 2.1, which applies the code to situations that could discredit the town even outside an official capacity. That's a First Amendment concern, Mand noted, also questioning the board’s ability to unilaterally declare proceedings confidential. Bolotin clarified that many of the provisions, including confidentiality and ethical standards, are drawn directly from Massachusetts state statutes and ethics laws. Rendering opinions before a matter comes to us creates the appearance of bias, Bolotin said, explaining why members must exercise caution in public forums.

The board ultimately expanded the scope of the restrictions to ensure they covered more than just modern social platforms. Associate Member Christopher Smith asked if the term social media was too narrow, suggesting that email blasts or other methods should be included. In response, Member Carl Donaldson suggested broader language, noting, We should also include 'media' generally to cover newspapers or commentary. The board agreed to amend the text to include mass communications before finalizing the document. Motion Made by T. Bennett to accept and adopt the Planning Board Policy Procedures Handbook and the Planning Board Code of Conduct as edited this evening. Motion Passed (5-0).

The board’s focus on community representation sparked a sharp disagreement during an attempt to fill a vacancy on the Cedarville Steering Committee. The board considered two candidates: Joseph Asatadu, a former member who failed to appear for his interview, and Michael Laznik, a part-time resident. Member Tim Bennett advocated for Laznik, arguing that an opportunity should be afforded to someone who has not yet participated in town government, especially since Asatadu had missed multiple opportunities to present his case. However, other members questioned whether a part-time resident could effectively serve on a steering committee. Member Mand expressed conflict, stating, I would hate to disrupt that by bringing in a candidate who doesn't live in town and might not be available to feel the vibes in the community.

Chair Bolotin echoed these concerns, emphasizing that steering committees require a constant presence to be effective. If he is not in the community on a regular basis for the majority of the year, his ear is not to the ground, Bolotin said. Motion Made by T. Bennett to appoint Michael Laznik to the committee. Motion Failed (1-4). A subsequent Motion Made by C. Donaldson to appoint Mr. Asatadu failed for lack of a second, leaving the position vacant for re-advertisement.

In other business, the board reviewed a post-facto special permit request for 7 Bay Colony Drive, where a pool cabana was constructed just 3 feet 9 inches from a property line—well within the required 10-foot setback. Homeowner Greg Kasner explained that the error occurred because the family relied on existing garden layouts and a stone wall rather than a survey. Once official property markers were staked after installation, we discovered our property does not extend as far into that wooded area as assumed, Kasner said. He noted that moving the nearly finished structure would cost thousands of dollars. While the board expressed frustration that the project proceeded without a zoning permit, members noted the applicant’s self-reporting. Motion Made by T. Bennett to recommend approval to the ZBA. Motion Passed (5-0).

The board also performed a brief administrative review of a land division at 44 Russell Street. Motion Made by [Unidentified Member] to recommend approval of Form A plan A4910. Motion Passed (5-0). Additionally, Bolotin provided a brief update on the Land Bank legislation currently sitting in the State House Joint Housing Committee, noting that the reporting deadline has been extended to March 18 and encouraging residents to share their views with the local legislative delegation.