The Burlington Free Press from Burlington, Vermont • Page 11

hp jpurltttijton Tuesday, September 1, 1981 eaaeaeeaejaaaawaeaaa rpfw Sanders' Suit Dismissed 1 1 qualifications of an applicant for political office; It is no secret that political in a politically charged atmospheie." Morse held that the aldermen were not required to hold a hearing on the qualifications of Sanders' appointees. That was one of the points made in Sanders' suit. The complaint also alleged the aldermen did not act in "good faith" when they rejected Sanders' appointees. Sanders said he was "extremely disappointed' by the dismissal. He said he will meet Wednes day with his attorneys, but there is "a reasonably good chance" he will appeal the case to the Vermont Supreme Court.

Alderman Russell F. Niquette D-Ward 2, said the decision "verifies my belief that the Board of Aldermen is the ruling power in this city." Board President William Blanchard said an appeal by Sanders probably would have as much luck as that of a baseball player appealing a ruling to an umpire. "You're out," Blanchard said. "The standards by which the By WILLIAM H. BRAUN Free Press Staff Writer.

Burlington Mayor Bernard Sanders' suit over aldermen's rejection of four of his appointees to eity offices was thrown out of court Monday. "This is politics," Chittenden Superior Court Judge James B. Morse wrote in his order. "A court shape a political decision to fit what it thinks is right." The judge wrote, "It is obvious to even a casual observer that the political appointment process involves considerations beyond the board members evaluate the mayor's appointees are not articulated in the (city) charter but rest within the personal judgment and discretion of each member of the board," Morse ruled. "Unless this court interprets the Vermont or Federal constitutions or the statutes or common law of this state to require a hearing to review qualifications or a prohibition against voting down an appointee to keep an incumbent in office, the aldermen Turn to JUDGE, Page 2B BERNARD SANDERS Snelling Aide Says Ad Flyers Mailed Illegally JAMES MORSE Demos Eye Professor's New System By SARAH BAILEY Free Press Staff Writer A computer program developed by a University of Vermont professor may soon be helping Democrats analyze fellow legislators' voting records on Capitol Hill.

Political science professor Garrison Nelson said Monday he is "close to a contract" with the Democratic Congressional Campaign Committee for the purchase of his system. The system is called CALLIOPE, which stands for Computer Assisted Legislative Liaison: Interactive On-line Political Evaluation. It can, according to Nelson, produce a 25-page analysis of a roll-call vote in either the House or Senate within 20 minutes of the vote. "A computer system is necessary due to the enormous rise in the number of roll-call votes," said Nelson. 'Ten years ago, the average session would have 90 to 100 such votes.

But today there are 600 to 700 votes per session. That's 250,000 to 300,000 individual votes in the House each year." Nelson has programmed the CALLIOPE system to analyze congressional member' in two ways. One is based on committee assignments and has 27-variables, such as party, state, status on committees and length of service on committee. The other examines a member by personal information and the were," he said. When he learned the advertising circulars were being distributed, Gilbert said he immediately ordered that they be reclaimed.

All but about 10 percent were recalled or held, he said. "I got mine and I said hey, wait a minute, we can't have this," Gilbert said. Crowell said he was surprised and disappointed that the circulars had not been distributed. Gilbert said that as far as he knows there has never been a mass mailing of advertising material through the state system. Gilbert also said a good deal of information regarding the state retirement system has been distributed through the state mail system.

The Legislature approved a measure earlier this year giving state employees and teachers a one-time opportunity to withdraw their contributions from the old pension fund and join a new retirement system. With up to $40 million up for grabs, employees have been deluged with investment offers for everything from bank certificates to land to new cars. Crowell said the matter has been turned over to the company's attorney. By LAURA KING The Associated Press MONTPELIER An advertising circular urging state employees to invest in real estate was distributed illegally through the state mail system last week, Administration Secretary William Gilbert said Monday. The Vermont Real Estate Investment Trust, based in Montpe-lier, sent out the fliers Friday after a mail room clerk gave permission to go ahead with the mailing, according to company president Charles Crowell.

Gilbert said there is a law against solicitation and advertising on state grounds and in state buildings, but he said there was no written policy to that effect posted in the mail room. He said the clerk's supervisor was absent that day, and the head of the Purchasing Department, which oversees the mail room, was not consulted. "The issue just never got kicked upstairs," Gilbert said. To complicate matters, the governor's office issued a statement Friday saying that the mailing had been cleared by state officials. Gilbert took responsibility for the misunderstanding.

"Mike (gubernatorial aide Michael Sinclair) thought we were doing a better job over here than we Free Press Photo by RIK JESSE UVM Professor Garrison Nelson, foreground, purchase a system Nelson designed, which sits with his computer. The Democratic Con- would allow it to analyze voting records of Turn to DEMOS, Page 2B gressional Campaign Committee ma individual legislators. Douglas Says He'll Find Funds to Investigate Psychiatrist By ROB ELEY Free Press Stoff Writer Secretary of State James H. Douglas said Monday he will juggle budgets for state licensing boards so money can be found to investigate immediately a sexual misconduct complaint against a Burlington psychiatrist. A complaint has been lodged with the Board of Osteopathic Examination and Registration against Dr.

Loy S. Har- "We are not actively pursuing any professional conduct cases against any psychiatrists," said Sarah W. Ferris, executive director of the Board of Medical Practice. Although the law is cloudy, the two boards might have concurrent jurisdiction. Douglas said the budget for the Board of Osteopathy is "very modest" and the panel generally meets only two times a year.

He said before setting aside a precise amount of money, he would like to hear from Armstrong on what would be necessary in extra meetings and Peter F. Langrock of Middlebury, Harrell's lawyer, said his client has not been formally notified of a complaint. "We're obviously disturbed that innuendo has been hanging around. But there is nothing that really would ever support a formal complaint," Langrock said. Harrell has an unlisted telephone number and could not be reached for comment.

The board had been hampered by budget restrictions until a July 1 change in state law to consolidate licensing board budgets under the secretary of state. The board does not have an investigator and lacks subpoena powers, Douglas said, "Money should not be and is not a factor in carrying out a complete investigation. Money will not be a problem as far as this or any other complaint is concerned," Douglas said. He said he is interested in seeing complaints handled promptly and thoroughly. In April, Chittenden County prosecutors dropped investigation of sexual misconduct charges against State's Attorney Mark J.

Keller said then his office found at least one incident that might have warranted investigation, but dropped consideration because it was outside the three-year statute of limitations. At least eight women contacted prosecutors last December about possible misconduct by Harrell, officials said. Susan R. Via, chief deputy state's attorney, said then some of the complaints were not criminal in nature. Douglas said he has asked Deputy Secretary of State Paul Gillies to contact Board of Osteopathy Chairman Dr.

Edward W. Armstrong of Bethel to offer assistance and make certain the board has adequate legal representation. Harrell is an osteopathic physician. rell Jr. of Hinesburg, Assistant Attorney General Sam Johnson said.

He would not comment when asked if the board had sought legal advice on the case. Aldermen, Sanders Pay Visit to Homes In Connector's Path VY rT long story." Aldermen and Mayor Bernard Sanders also visited Thomas Brennan's home on Plattsburgh Avenue, where the state and city offered $3,000 for a tenth of an acre and the replacement of a hedge. Brennan's land must make way for an Interchange of the connector and the new route of Plattsburgh Avenue, Evans said. His house will stay. "I really don't see the need for It," said Brennan, who has lived In the house for 20 years.

"I'd just as soon not see it." If the land must go, he said, the $3,000 offer is not enough. The third site aldermen toured Monday afternoon was land owned by Burlington Fire Chief Patrick Brown near the Wlnooskt River below Plattsburgh Avenue. The city needs to buy at least 12 acres from Brown. If the road Is built, some of his land will be accessible only from a building lot he owns on Venus Avenue. The state has offered $22,500.

Brown wants $280,000 because he could have developed building lots on the site, said Lawrence Turn to AIDIRMIN, Poge 21 By ALAN ABBEY Free Press Staff Writer Burlington aldermen stood around the swimming pool at Thomas Coburn's 3-year-old home near Ethan Allen Farm Monday to see for themselves the value of the house and property. The house must go to make for the northern connector highway. The road's centerline will be 90 feet from the house, but the house and pool have to be demolished or moved so that the slope to the road will not be too steep, state Transportation Agen-' cy engineer Frank Evans said. The state and city have offered Coburn $118,000 for the house. Later that day at a public hearing, appraiser Michael Keller, who was hired by Coburn, said he believes the house Is worth at least $133,000 Cobum said the home was supposed to be the last one for him and his family.

When plans for the connector became final, he moved and leased the house. Asked If he was upset by the prospect of losing the house for a road, he sighed and said, "It's a 1 8a. 7 Free Press Photo by ALAN ABSEY Aldermen, Mayor Bernard Sanders and assistant City At- connector will run in relation to the swimming pool behind a torrtey Marsha Smith, far left, watch as state Transportation house owned by Thomas Coburn. The house and pool must be Agency engineer Frank Evans explains where the northern moved or demolished to make room for the highway..