All In A Day's Work - Ethics Board Does Not Find Sufficient Evidence

NY Times photoIn a two-paragraph letter sent to Smithtown’s Democratic Chairperson, Edward Maher, the three member Town Ethics Board stated:

“This board did not find sufficient evidence to conclude that any town employee committed a violation of the Smithtown Code of Ethics.  This board is aware of recommendations made by the grand jury with respect to amending the Town Code and will continue to consult with the town attorney regarding possible amendments.”

Smithtown’s Board of Ethics is composed of three members, Democrat Steven Sarisohn (attorney), Republican Joe Saggese (CPA) and independent Tracey Epstein (attorney). On March 30, 2012, Ed Maher requested that the Ethics Board review the 2011 Suffolk County Grand Jury Report, which examined the illegal demolition of buildings on Main Street In Smithtown.  The Grand Jury report was critical of Town Supervisor, Patrick Vecchio identified as Town Employee “A” and Greg Hild, former Town Assessor, identified as Town Employee “C.”

Although there were no criminal charges, the 40-page Grand Jury report found that “A” and “C” pressured the developer to unlawfully demolish the site, even though they were aware that the prospective demolition lacked lawful permits and had been issued a Building Department Stop Work Order.  The Grand Jury determined that the unsupervised demolition “constituted an utter disregard for the well-being of local citizens,” who were not given advance notice of the demolition. It was later determined that the commercial site was demolished with asbestos within its structures. 

The report included a detailed description of behind-the-scene involvement by “A” and “C”. The Grand Jury drew conclusions and made many recommendations.

Among the conclusions published in its report, the Grand Jury found that the Smithtown Code of Ethics fails to mandate that town employees report activities known to violate the town code to an appropriate town department or authority and that the ethics code does not adequately provide for the removal of its public servants, currently addressing the removal of “a limited category of appointed officials” upon violation of the code, “a provision that fails to cover all public servants”.  

Smithtown Democratic Chairperson, Edward MaherEd Maher issued this statement thanking the Smithtown Board of Ethics:

I want to thank the Smithtown Board of Ethics for fulfilling my request and conducting this investigation. I am sure that the ethics board did their best and I accept their conclusions. Considering the seriousness of the Grand Jury’s findings I am surprised that the Smithtown Board of Ethics found no code violations by town employees. So while no town employees have been found in violation of the Smithtown Town Code the code itself seems to be quite weak.  The result of this investigation reaffirms the Grand Jury’s recommendations to strengthen the Town Code. I hope the town officials agree with me and will continue to transform the Town Code so that the activity outlined by the District Attorney will not be considered ethical in the future.

Legislative actions recommended by the grand jury in its report include:

Smithtown must increase fines to, at a minimum, at least double a site plan application fee, to discourage developers and builders who fail to obtain site plan approval,

Smithtown must amend and increase the town’s fine schedule for demolition or construction occurring in the town without proper building department permits,

Smithtown must enact legislation establishing an independent Board of Site Plan Review to ensure “that the legal mandates of site plan review are enforced”.   Currently town board members serve in this capacity.

Smithtown must amend the town code requiring property owners adjacent to a construction or demolition project be notified to allow them to be heard.

Smithtown must amend the town’s Code of Ethics to mandate any public servant with personal knowledge of the violation of town code “has an affirmative obligation” to report it the appropriate town department.

Smithtown must adopt a statute authorizing the removal of any public servant “who engages in misconduct” consistent with the provisions of New York State’s Public Officers Law. 

Administrative changes recommended by grand jurors include requiring town building inspectors and clerical staff to receive training in asbestos inspection and abatement and establishing protocols for the building department’s notification to town officials when a Stop Work order is issued.  The report also calls on Smithtown to identify and sanction commercial demolition and construction contractors who proceed on projects without verifying the proper permits have been issued.

Calling on town officials to refrain from interceding in commercial projects “in a manner that undermines the town code”, the Grand Jury recommended the town obtain an “independent review” by the state of the Office of Town Assessor to insure all properties are assessed “on a uniform and equitable basis” and that Smithtown “audit the practices and procedures administer by the town Assessor “particularly…the assessment of commercial properties”.           

Comments

[strehy]

Unbelievable... I've read cover to cover, a dozen times, that Grand Jury Report. How lame can the Smithtown Town Code be for the Ethics Board to not have found Town Supervisor, Patrick Vecchio identified as Town Employee “A” and Greg Hild, former Town Assessor, identified as Town Employee “C” in violation of anything.

Now guess who's charged with making the legislative actions recommended by the grand jury in its report.