Smithtown Board Of Ethics - Councilman/Deputy Supervisor McCarthy Violated Town's Code Of Ethics

by p.biancaniello

It’s official, the Smithtown Board of Ethics has determined that Deputy Supervisor/Councilman Thomas McCarthy’s vote to increase the amount of the stipend he receives violated Smithtown’s Town Code. On September 9th Town Supervisor Patrick Vecchio put forward a resolution increasing the salary of the Deputy Supervisor from $5000. 00 to $35,000 a 600 percent increase.  The resolution needed three votes for approval.  Councilman Creighton and Wehrheim voted NO and Councilwoman Nowick, Supervisor Vecchio and Deputy Supervisor/Councilman Mc Carthy voted YES.  

The Board of Ethics was asked to determine whether Mr. McCarthy violated Smithtown’s Code of Ethics (conflict of interest) when he cast a vote in which he was the sole beneficiary .The answer from the Ethics Board was yes. “Smithtown Code of Ethics Section 30-4 requires Town officials and employees not to engage in any act which is in conflict or gives the appearance of conflict with the performance of the official’s or employee’s duties.” According to the decision McCarthy’s vote gave an appearance of “conflict of interest”. 

In its letter the Board of Ethics recommended that the Town Board “clearly identify the manner in which salary increases for Town Board positions be voted upon so that this issue does not recur.”

Mr. McCarthy rescinded the resolution at a Special Town Board meeting in September.  Supervisor Vecchio has included the $30,000 stipend increase in the 2015 Town Budget. The Town Board will vote on the budget at the Thursday, Nov. 20th Town Board meeting. 

Read the Board of Ethics letter below.