Board of Ethics

Index 7/28/26 Board of Ethics Meeting Packet A. 7/28/26 Board of Ethics Meeting Agenda B. 6/30/26 Board of Ethics Meeting Minutes C. Written Findings of Fact (Advisory Opinion) with Respect to CO 26-152 – Councilor Mallar’s 3/31/26 Remarks Captured on Live Mic  Meeting Agenda Board of Ethics Tuesday, July 28, 2026 at 5:30 p.m. Paul Bunyan Room, City Hall I. Introductions II. Approval of Minutes from 6/30/26 Board of Ethics Meeting III. Approval of Written Findings of Fact (Advisory Opinion) with Respect to CO 26-152 Councilor Mallar's 3/31/26 Remarks Captured on Live Mic IV. Review Procedural Rules V. Adjourn The meeting will be held in the Paul Bunyan Room, Bangor City Hall, 73 Harlow Street. After 4:30 p.m., members of the public are asked to use the side entrance of City Hall that faces the direction of Exchange and State streets.  Board of Ethics Minutes For Meeting Held on June 30, at 5:30 p.m. Members Present: Chair Shane Leonard, Member Kodey Silknitter, Member John King, Member Marc Eastman, and Member Stephen Brough. Outside Counsel Present: Edward Gould, Esq. I. Introductions: A. Chair Leonard opened the meeting. II. Approval of the June 3, 2026 Board of Ethics Minutes: A. Member King made a motion to approve the 6/3/26 meeting minutes. 1. Member Brough seconded the motion. 2. Roll call vote conducted: a. Motion passed (5-0). III. Unfinished Business. Requests for Advisory Opinion on City Council Referral: CO 26-152 Councilor Mallar's 3/31/26 Remarks Captured on Live Mic – Second Meeting. A. Chair Leonard advised that the Board did not receive any additional statements or records on the matter outside of the information that are part of the record. B. Chair Leonard opened the public hearing. 1. Mr. Mike Furrow of Bangor spoke on behalf of Councilor Mallar. 2. Ms. Suzette Furrow of Bangor spoke as an individual on behalf of Councilor Mallar. 3. Ms. Hilari Simmons of Bangor spoke on behalf of Councilor Mallar. 4. Ms. Sonia Mallar of Bangor spoke on behalf of Councilor Mallar. 5. Councilor Wayne Mallar of Bangor spoke on his behalf. C. Chair Leonard closed the public hearing. D. The Board deliberated on the matter. E. Member King made a motion to end discussion and vote on the issues. 1. Member Eastman seconded the motion. 2. Roll call vote conducted: a. Motion passed (5-0). F. Member King made a motion that Councilor Wayne Mallar did violate the standard of conduct expected of public officials under § 33-1 of the Ethics Code, which requires that City Councilors be fair, impartial, and responsive, and maintain a standard of conduct that will inspire public confidence in the integrity of the City's government. 1. Member Eastman seconded the motion. 2. Roll call vote conducted: a. Motion passed (5-0).  G. Member Eastman made a motion that Councilor Wayne Maller did violate the standard of conduct required of public officials under Code of Ethics § 33-5.1 regarding unbiased conduct. 1. Member Silknitter seconded the motion. 2. Roll call vote conducted: a. Motion passed (4-1). Member Brough voted no. H. Member Silknitter made a motion that Councilor Wayne Maller did violate the standard of conduct expected of public officials under Code of Ethics § 33-13.1 regarding use of titles and disclaimers. 1. Member Eastman seconded the motion. 2. Roll call vote conducted: a. Motion failed (2-3). Members King, Eastman, and Brough voted no. I. Member King made a motion that the Board decline to make a finding on whether or not Councilor Wayne Maller violated any other provisions of Chapter 33, Code of Ethics. 1. Member Brough seconded the motion. 2. Roll call vote conducted: a. Motion passed (5-0). IV. New business. A. The board requested the Chair to schedule a meeting to review the Procedural Rules. V. No other business. VI. Meeting Adjourned. 2  CITY OF BANGOR BOARD OF ETHICS, FINDINGS OF FACT AND CONCLUSIONS OF LAW COUNCIL ORDER 26-152 Referring the Conduct of Councilor Mallar on March 31, 2026 to the Board of Ethics for an Advisory Opinion I. Background and Procedural Matters On April 27, 2026, the Bangor City Council referred the conduct of Councilor Mallar on March 31, 2026 to the Board of Ethics to make findings of fact and render an advisory opinion to the City Council regarding whether that conduct violated Chapter 33 (Code of Ethics) of the Code of the City of Bangor. The Board of Ethics met on two occasions to consider the Council referral. On June 3, 2026, the Board (Members Shane Leonard (Chair), John King, Marc Eastman, Kodey Silknitter, Stephen Brough and Associate Member James McGee) met and determined the following: 1. The Board requested a voluntary statement from Councilor Mallar; 2. The Board requested a copy of the initial Bangor Daily News article that followed the March 31 Board of Ethics meeting; 3. The Board requested that anyone testifying at the next meeting identify themselves and identify the capacity in which they will speak; 4. The Board noted no other pre-hearing issues or concerns; and 5. The Board set the second meeting on the matter for June 30, 2026 at 5:30 p.m. The Board held its second meeting on this matter on June 30, 2026 with Members Shane Leonard (Chair), John King, Marc Eastman, Kodey Silknitter and Stephen Brough participating. The Board conducted a public hearing on this matter and made findings of fact and conclusions of law. Edward W. Gould, Esq. was present at all meetings to advise the Board. II. Record The following materials constitute the record on this matter: 1. Council Action and Order 26-152; 2. City of Bangor Code of Ordinances Chapter 33 and the Board of Ethics Procedural Rules; 3. YouTube recording of March 31, 2026 Board of Ethics meeting; 4. Public comment from Mike Furrow, Bangor, Maine. Mr. Furrow stated that Councilor Mallar enjoyed rights to hold opinions under the First Amendment. The  microphones in Council Chambers are sensitive and Councilor Mallar did not know that his comments would be heard by others and his comments to Mr. Warren were an expression of his personal opinion. Other public officials have expressed opinions without discipline and Councilor Mallar should not be disciplined for his; 5. Public comment from Suzette Furrow, Bangor, Maine. Ms. Furrow stated that Councilor Mallar’s comments were not intended to be public comments and he has a First Amendment right to express them; 6. Public comment from Hilari Simmons, Bangor, Maine. Ms. Simmons requested that Chair Leonard be recused from participating in the hearing. Her request was determined to be out of order. She stated that the City was attempting to take away Councilor Mallar’s right to express his opinion; 7. Public comment from Sonia Mallar. Ms. Mallar stated that she also spoke with Mr. Warren and she did not believe her statements were picked up by the microphones in Council Chambers; 8. Public comment from Councilor Mallar. Councilor Mallar questioned whether the City or the Board of Ethics had an existing policy regarding muting microphones during hearings. He stated that it was hard to determine whether an individual would be acting in an official capacity, but that he believed his discussion with Mr. Warren was a private conversation. He did not remember whether he was aware that the microphones were live. He did not feel that he needed to provide a disclaimer that he was not speaking as a city councilor when he spoke with Mr. Warren. He does not believe he has to justify the statements he made to Mr. Warren and stands by them. III. Findings of Fact and Conclusions of Law 1. At the March 31, 2026 meeting, as the Board members were leaving Council Chambers for an executive session, Chair Leonard stated to all persons present that the microphones were live and recording would continue in progress. Councilor Mallar was present at the time; 2. While the Board met in executive session, Councilor Mallar spoke with City Employee David Warren; 3. During this conversation, Councilor Mallar stated “The School Department’s asking for a ten percent increase. As far as I’m concerned, they get no increase. They can’t speak English, read English or write English. It’s not a disability. We do not have to furnish. They’re probably all illegals anyway. That’s what the 2  cultural center is supposed to be doing”; 4. Councilor Mallar stood by the statements he made to Mr. Warren; 5. Councilor Mallar’s statements were picked up by a microphone and broadcast on the live YouTube feed of the meeting; 6. Councilor Mallar did not tell Mr. Warren that his statements were made in an individual capacity rather than in his capacity as a City Councilor; 7. Councilor Mallar did not appreciate nor did he intend that his comments to Mr. Warren would be distributed to the public on the YouTube feed of the Board of Ethics meeting; 8. Councilor Mallar intended his comments to Mr. Warren to be a private conversation between them; 9. Bangor schools are required by state and federal law to provide English instruction to multilingual students and failing to fund any such program would violate the law. 10. Section 33-1 requires that City Councilors be fair, impartial and responsive to the needs of the people and to maintain a standard of conduct that will inspire public confidence in the integrity of the City’s government. 11. Section 33-5.1 requires that City Councilors conduct themselves in a manner that does not discriminate unlawfully against any person because of race, national origin or cultural group, among other factors. 12. Section 33-13.1(B)(2)(c) prohibits a City Councilor from using their title unless the official makes it clear and unambiguous that the official is speaking in his individual capacity and not on behalf of the City, a board, commission or committee. 13. Section 33-13.1(C) places an affirmative duty on a City Councilor to make a disclaimer that they are speaking in their individual capacity and not in an official capacity when there could be ambiguity regarding the capacity in which he is speaking. 14. The Board finds that in his discussion with Mr. Warren, when Councilor Mallar stated his belief that multilingual students in the Bangor school system were probably in the country illegally and should not receive legally mandated educational services, he failed to act in a fair, impartial and responsive manner 3  and failed to maintain a standard of conduct that will inspire public confidence in the integrity of the City’s government. 15. The Board finds that when Councilor Mallar made those statements, he failed to meet the standard required of Section 33-5.1 that requires City Counselors to conduct themselves in a manner that does not discriminate unlawfully against any person because of race, national origin or cultural group. 16. The Board finds that, in speaking to Mr. Warren, Councilor Mallar’s comments did not suggest that he was speaking on behalf of the City or in any official capacity. Since there was no ambiguity regarding the capacity in which he was speaking to Mr. Warren, Councilor Mallar was not required to provide Mr. Warren with a disclaimer that he was speaking in his individual capacity. IV. Conclusions and Decisions 1. Member King moved (Member Eastman seconded) that the Board find that Councilor Mallar violated Section 33-1 of the Code of Ethics. Approved, 5-0. 2. Member Eastman moved (Member Silknitter seconded) that the Board find that Councilor Mallar violated Section 33-5.1 of the Code of Ethics. Approved, 4-1. 3. Member Silknitter moved (Member Eastman seconded) that the Board find that Councilor Mallar violated Section 33-13.1 of the Code of Ethics. Motion failed, 2- 3. 4. Member King moved (Member Brough seconded) that the Board declines to make any further findings regarding whether Councilor Mallar violated any other provision of the Code of Ethics. Approved, 5-0. 4