Tension Rises Over Ethics Law
By Stephanie Mariel Petrellese

Ethics law took center stage once again at the April 17th meeting of the Garden City Board of Trustees, as Second Deputy Mayor Thomas Lamberti unsuccessfully introduced a resolution to have Village counsel seek an advisory opinion from the New York State Attorney General's Office on the meaning of a section of the General Municipal Law.

The Village's Code of Ethics, adopted in December of 1970, is pursuant to the state's General Municipal Law. Section 808 of that law has been interpreted two different ways and is considered by some attorneys to be ambiguous.

Lamberti claims the law should be interpreted to read that any Village officer or employee can request an advisory opinion of the Board of Ethics. He also wants to expand the power of Board of Ethics to be allowed to investigate possible conflicts of interest by issuing subpoenas, holding special hearings and hiring outside counsel when necessary. Lamberti said at the last Board meeting that Village counsel should not be issuing opinions as to possible conflicts of interest. He said the Boards of Ethics have these powers at the state, New York City and Nassau County levels.

The Board of Trustees has the authority to expand the powers of the Board of Ethics. As reported in a recent issue of the Garden City News, there are a wide variety of ethics codes. Some municipalities allow any Village employee or officer to seek an advisory opinion on another employee or officer. Some ethics boards also have subpoena powers.

"This is something I think that is for good governance and something that the Village residents deserve," Lamberti said. "This is a new era. We need oversight." He raised the controversy which surrounded former Garden City Mayor Dr. Barbara Miller, who sought an opinion of Village counsel during her 2003-05 term for a possible conflict of interest involving the purchase and relocation of the Kanner house on Tenth Street. Lamberti said if the Board of Ethics had been functioning the way he now proposes, the air would have been cleared and any doubts of conflict laid to rest.

Village Counsel Gerard Fishberg claims only individual Village employees and officers can request an advisory opinion from the Board of Ethics on their own possible conflicts. He told the Garden City News that the specific purpose of the Board is to issue opinions based on self-referrals and not to act as a "complaint board for every politically motivated person."

Fishberg consulted with five other attorneys on the matter who concur with his interpretation. He said he got the opinion of the former attorney general James Cole, who wrote opinions for the attorney general's office but now serves as counsel to the New York State Conference of Mayors. Fishberg also discussed the matter with Mark Davies, executive director and counsel for New York City's Conflict of Interest Board, who is widely regarded as the top ethics attorney in the state. Fishberg told the News that Davies is a proponent of expanding the powers of the Board of Ethics, but still believes that only self-referrals are permitted under the law.

The resolution did not pass since Lamberti and Trustee Donald Brudie were the only Board members who voted in the affirmative. Trustee John Watras abstained. Brudie said since the law is open to several interpretations, the issue should be resolved by seeking an opinion from the attorney general. The informal opinion would not be legally binding but may persuade the Board to make changes.

Mayor Bee suggested another approach: have the Board of Ethics direct Village counsel to get an opinion from the attorney general if they believe it to be necessary.

Deputy Mayor John Mauk said he resents Lamberti's "forum shopping" as he looks for someone else to agree with his interpretation of the law. He suggested Lamberti write a letter to the Board of Ethics for their opinion.

Pat DiMattia, president of the Central Property Owners' Association, said since the law is considered by some to be ambiguous, the Board of Trustees should seek an opinion from the attorney general. She also said the self-referral policy could lead to serious liability and financial issues for the Village if someone does not police himself adequately.

Garden City resident Arnold Finamore suggested the possibility of abandoning the Village's Board of Ethics and using the county's. Every municipality has a Code of Ethics but is not required to have a Board of Ethics. The county Board of Ethics can render an opinion in areas where there is no Village Board of Ethics. The Village Board of Ethics can also request an advisory opinion from the county.

"The more the issue remains out there and is opposed by the trustees, the more suspicion arises as to the reason for that reluctance to get an opinion," he said.

Deputy Mayor Mauk said he believes this is a political issue. "I resent the fact that this Board should be placed in a situation where we feel that our lives and our activities have to be examined where there is absolutely no basis to suggest that there is a reason for that."

Resident Kathy Wood said trustees, as elected officials, should be held to a higher standard and should not be offended when questioned. Addressing her comments to Deputy Mayor Mauk, she said, "I resent the fact that you would say that you are beyond being questioned. You are an elected official. Of course we should be able to question you. We put our trust in you by making you a trustee. So I think that you are held to a higher standard."

Mauk responded that he realizes the importance of a Code of Ethics, but feels it can be used as a political weapon. He is concerned that allegations have been made, particularly against him, with very little or no basis in fact.

"I have been the subject of that attack in this boardroom on several occasions," he said.

Mauk referred to his February resignation as chair and member of the Mayor's Committee on St. Paul's. Ed Keating, a member of the executive committee of the Committee to Save St. Paul's, announced that Mauk's employer, CB Richard Ellis, has a business relationship with AvalonBay Companies. Mauk claimed he never knew about the relationship. Mauk stressed that he resigned because of the appearance of impropriety, not because of any actual conflict of interest. Village Counsel had advised him that he did not have to resign.