In September of 2013, Town resident Thomas Bock submitted a registered a complaint against Town Attorney Timothy Lewis for several ethics violations relating to the Democratic Primary election petitions. Simply, he lodged an Ethics Complaint against Town Attorney Timothy Lewis because of the actions Mr Lewis took for getting Democratic Primary ballot petition signatures for Town Supervisor Paul Feiner and Town Clerk Judith Beville and swearing to their legitimacy as Town Attorney. Without fear of being found guilty of an ethics violation by an Ethics Board appointed by Mr Feiner, the preordained outcome for Mr Lewis was no surprise to anyone, especially Mr Lewis.
If you read our post, “Ethical Challenge Dismissed By Ethical Challenge” of September 24, 2013, (http://www.blogger.com/blogger.g?blogID=6521092612847585726#editor/target=post;postID=4973448450613789264;onPublishedMenu=posts;onClosedMenu=posts;postNum=17;src=postname)
you can see some of the disingenuous bloviating that takes place by members of the Ethics Review Board. In fact, several members of the Ethics Board brought up Chicago politics as though to compare Greenburgh to the worst political model in hopes of validating a foregone conclusion for “one of their own”. Interestingly, the Ethics Board is chaired by Jack McLaughlin. The Planning Board is chaired by his wife, Fran. He should recuse himself with any claim involving planning, zoning, departments, or employees. Ethical, unethical? Your call.
As can be found on Mr Feiner’s blog during the waning days of his still practicing open government, there are numerous statements validating other violations, specifically Mr Feiner’s violations, such as what’s listed below from his 2007 blog (ABG has added the bold highlight):
“Feiner has been caught lying to the Town's Ethics Board about lawyer Mark Weingarten's involvement in a March 2004 fundraiser that netted Feiner tens of thousands of dollars in contributions from developers with applications pending before the town. In his October 6, 2004 letter to the Ethics Board, Feiner made no mention of Weingarten when he described the $1000 Feiner picked up that night from Michael D'Allessio, the developer who had an application pending before the town to cut trees in Edgemont. Feiner wrote as follows: "Mr. D'Alessio attended a fundraiser that William LoSapio of Gregory's Restaurant in White Plains hosted for my campaign account on March 29th."
Here’s another quote from that same post:
“See The Scarsdale Inquirer, "Residents
Question Feiner on Campaign Contributions," September 17, 2004. Mr. Feiner
also omits to mention in his letter that Mr. Weingarten was then representing
Mr. D’Alessio and that, in addition to Mr. D’Alessio’s $1,000, his law firm
contributed another $500."
On Wednesday, August 1, 2007, the Town made
public the actual invitation to the event. The invitation, dated March 4, 2004,
was on the letterhead of Weingarten's law firm and says as follows:
"On
Monday, March 29, 2004 . . . Bill Losapio and I will be hosting a fundraiser
for Greenburgh Town Supervisor Paul Feiner." Weingarten cited Feiner’s
“strong support for economic development within the Town of Greenburgh” and
said, “I know you have been helpful to Supervisor Feiner in the past. . . A
minimum contribution of $250 is recommended. Paul has earned our support in the
past. . . .” Contributions were to be mailed to Weingarten’s law firm, to
Weingarten attention, care of his secretary.
The invitation was mailed to
numerous developers with applications pending before the town.”
William LoSapio’s reward for his fund raising efforts was to be appointed by Mr Feiner to the Town’s Zoning Board of Appeals. He raised money for Mr Feiner and thereafter gets appointed to the Town’s Zoning Board of Appeals. How much do the other seats usually cost?
In 2010, community leader Bob Bernstein brought a verified ethics complaint against two residents, Jordan Glass and Nicholas DeCicco, both attorneys, who were both serving as volunteer members of the Zoning Board of Appeals. For Glass, he represented Deli Delicious’ Ernest Tartaglione’s brother and at the time leased space in Valhalla from Tartaglione’s real estate corporation. Tartaglione was an applicant before the Zoning and Planning Boards. For DeCicco, it was about attending a fund-raising event held for him by Irvington developer Chuck Pateman, and sitting on the Zoning Board as he ran for the vacated County Legislative office against Hastings-on-Hudson’s Mary Jane Shimsky. Pateman, an area developer, hosted the DeCicco fund raiser at his home in Irvington, NY. while representing Zoning Board of Appeals applicant Ernest Tartaglione and owner of Deli Delicious in Fulton Park pursuing expansion.
Mr Bernstein’s persistence with the verified complaints against these two residents (Glass and DeCicco) exposed the web of deception. The Board of Ethics had no choice but to negotiate a settlement which resulted in Glass and DeCicco’s “voluntary” resignations.
There was a third person involved in this deception appointed to the Town’s Ethics Review Board, Mark Constantine, also a local Attorney with an area practice and a resident of Tarrytown. Mr. Constantine filled the vacant “Republican seat” and has served ever since. Mr Constantine was the co-sponsor with Pateman of the above fund-raiser!
Concerned citizen/activist Hal Samis lodged a Verified Complaint against Mr. Constantine on February 15, 2011 on similar grounds to those cited by Mr. Bernstein. Mr Samis’ complaint was in reference to Mr Constantine’s involvement as a sponsor with Mr Pateman of the fund raiser. Again, there were overlapping connections among these persons and all with direct or indirect involvement with an Applicant before the ZBA, Ernest Tartaglione owner of “Deli Delicious”!
Read more at: (Thursday, March 17, 2011); Paul, You Have Some Explaining To Do!
(http://abettergreenburgh.blogspot.com/2011/03/paul-you-have-some-explaining-to-do.html)
Another appointed and non-voting member of the Ethics Review Board, Mr Joseph Malara, whom we understand is a Somers, not Greenburgh, resident. He too, “serves” on the Ethics Review Board, providing the unpaid service of Council to the Board. Even so, he regularly tenders his (albeit Mr Feiner’s) point of view without being asked for a legal opinion, participating as though he were a “regular” Ethics Board member. His actions remind us of Town Attorney Tim Lewis’ constant input during Town Board meetings. He is there to render legal opinions if requested by the Board. Ironically, when they do ask, he typically suggests not giving an answer and to seek outside council.
ABG has stated before that having Mr Feiner and his Town Board being reviewed by a Board appointed by Mr Feiner creates a host of new ethical challenges in a Town bereft of ethics. How can we have a Ethics Board rule on complaints against the same people who appointed them have the public expect a fair outcome? We can’t and probably never will.
Mr DeCicco resigned from the Zoning Board but was appointed by Mr Feiner as an alternate to the Planning Board. Mr Pateman is no longer representing Ernest Tartaglione although Tartaglione is currently before, and trying the get approval from the Zoning Board of Appeals for the same project they turned down 2-years ago. The exception to this offering is he has increased the impervious surfaces, seeking to pave the entire property. Mr Malara continues to be the Council for the Ethics Board while living far beyond the Town line. Mr McLaughlin has not recused himself from Ethics Board decisions involving other Boards. Mr Constantine continues to be in property tax arrears with numerous properties he owns within the Town. He desperately needs the flawed “Tax Amnesty” program Mr Feiner seeks to initiate as another Feiner Folly to collect over $21 million owed the Town – and accrued during Mr Feiner’s tenure. The other Board members sit unscathed by all of these ethical issues – for now. The Town needs some major overhauls or we will never have A Better Greenburgh.
In 2010, community leader Bob Bernstein brought a verified ethics complaint against two residents, Jordan Glass and Nicholas DeCicco, both attorneys, who were both serving as volunteer members of the Zoning Board of Appeals. For Glass, he represented Deli Delicious’ Ernest Tartaglione’s brother and at the time leased space in Valhalla from Tartaglione’s real estate corporation. Tartaglione was an applicant before the Zoning and Planning Boards. For DeCicco, it was about attending a fund-raising event held for him by Irvington developer Chuck Pateman, and sitting on the Zoning Board as he ran for the vacated County Legislative office against Hastings-on-Hudson’s Mary Jane Shimsky. Pateman, an area developer, hosted the DeCicco fund raiser at his home in Irvington, NY. while representing Zoning Board of Appeals applicant Ernest Tartaglione and owner of Deli Delicious in Fulton Park pursuing expansion.
Mr Bernstein’s persistence with the verified complaints against these two residents (Glass and DeCicco) exposed the web of deception. The Board of Ethics had no choice but to negotiate a settlement which resulted in Glass and DeCicco’s “voluntary” resignations.
There was a third person involved in this deception appointed to the Town’s Ethics Review Board, Mark Constantine, also a local Attorney with an area practice and a resident of Tarrytown. Mr. Constantine filled the vacant “Republican seat” and has served ever since. Mr Constantine was the co-sponsor with Pateman of the above fund-raiser!
Concerned citizen/activist Hal Samis lodged a Verified Complaint against Mr. Constantine on February 15, 2011 on similar grounds to those cited by Mr. Bernstein. Mr Samis’ complaint was in reference to Mr Constantine’s involvement as a sponsor with Mr Pateman of the fund raiser. Again, there were overlapping connections among these persons and all with direct or indirect involvement with an Applicant before the ZBA, Ernest Tartaglione owner of “Deli Delicious”!
Read more at: (Thursday, March 17, 2011); Paul, You Have Some Explaining To Do!
(http://abettergreenburgh.blogspot.com/2011/03/paul-you-have-some-explaining-to-do.html)
The Ethics Board properly referred Mr Samis’ complaint to the Town Board, citing a conflict of interest as Mr Constantine is a fellow Board member. While the Town Board has been repeatedly reminded of the need for a decision, they have refused to take any action. The charges against Mr Constantine are for three
violations of the Town's Ethics Code: 570-7, 570-4(D) and 570-4(L)(2) relating to/with Prohibited Political Activities and Standards of Conduct. By
definition, Mr. Constantine is an Agency Member and thus subject to the Code.
Without any action by the Town Board, whether to clear or indict him, Mr.
Constantine has been free to continue unrestricted to advocate and to vote on the
Ethics Board since 2011. This is Mr Feiner playing fast and furious by his own rules. Who on any of these appointed Boards will challenge him?
So, to review, Mr Feiner appoints LoSapio, Constantine, DeCicco and Glass to maintain control of the various Town Boards. Tartaglione has a numerous zoning applications (appeals) before the Zoning Board of Appeals (LoSapio, DeCicco), the Planning Board (Chairwoman Fran McLaughlin – not that we’re accusing her of any impropriety) and the Building Department by Tartaglione to approve his building changes. When it is discovered that these players are implicated in Pateman’s fund raising efforts, it seems like the collusive players just dig in their heels preparing for the seige. To be forthcoming regarding Mr DeCicco, he did return the money collected and given to him from the Pateman fund raiser, claiming he had no knowledge of the relationships between Pateman and Tartaglione and stepped down from his Zoning Board position when everything came to light.
So, to review, Mr Feiner appoints LoSapio, Constantine, DeCicco and Glass to maintain control of the various Town Boards. Tartaglione has a numerous zoning applications (appeals) before the Zoning Board of Appeals (LoSapio, DeCicco), the Planning Board (Chairwoman Fran McLaughlin – not that we’re accusing her of any impropriety) and the Building Department by Tartaglione to approve his building changes. When it is discovered that these players are implicated in Pateman’s fund raising efforts, it seems like the collusive players just dig in their heels preparing for the seige. To be forthcoming regarding Mr DeCicco, he did return the money collected and given to him from the Pateman fund raiser, claiming he had no knowledge of the relationships between Pateman and Tartaglione and stepped down from his Zoning Board position when everything came to light.
Another appointed and non-voting member of the Ethics Review Board, Mr Joseph Malara, whom we understand is a Somers, not Greenburgh, resident. He too, “serves” on the Ethics Review Board, providing the unpaid service of Council to the Board. Even so, he regularly tenders his (albeit Mr Feiner’s) point of view without being asked for a legal opinion, participating as though he were a “regular” Ethics Board member. His actions remind us of Town Attorney Tim Lewis’ constant input during Town Board meetings. He is there to render legal opinions if requested by the Board. Ironically, when they do ask, he typically suggests not giving an answer and to seek outside council.
ABG has stated before that having Mr Feiner and his Town Board being reviewed by a Board appointed by Mr Feiner creates a host of new ethical challenges in a Town bereft of ethics. How can we have a Ethics Board rule on complaints against the same people who appointed them have the public expect a fair outcome? We can’t and probably never will.
Mr DeCicco resigned from the Zoning Board but was appointed by Mr Feiner as an alternate to the Planning Board. Mr Pateman is no longer representing Ernest Tartaglione although Tartaglione is currently before, and trying the get approval from the Zoning Board of Appeals for the same project they turned down 2-years ago. The exception to this offering is he has increased the impervious surfaces, seeking to pave the entire property. Mr Malara continues to be the Council for the Ethics Board while living far beyond the Town line. Mr McLaughlin has not recused himself from Ethics Board decisions involving other Boards. Mr Constantine continues to be in property tax arrears with numerous properties he owns within the Town. He desperately needs the flawed “Tax Amnesty” program Mr Feiner seeks to initiate as another Feiner Folly to collect over $21 million owed the Town – and accrued during Mr Feiner’s tenure. The other Board members sit unscathed by all of these ethical issues – for now. The Town needs some major overhauls or we will never have A Better Greenburgh.
No comments:
Post a Comment