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Supervisor candidates trade charges
Haley: Lesko violated ethics code, Lesko questions Haley's grasp of facts
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| | | Republican candidate for supervisor in Brookhaven Town Marty Haley at his Tuesday press conference. Behind him is the GOP candidate for Town Clerk, Cecile Forte.
Photo by Lee Lutz (click for larger version) | |
October 21, 2009 | 03:20 PM
Brookhaven supervisor candidate Marty Haley Tuesday accused his opponent, Supervisor Mark Lesko, of "using taxpayer dollars to reward his own contributors and political operatives." Haley also claimed the town Ethics Board issued an opinion "against a sitting supervisor [Lesko] for actions taken while in office."
At a press conference on the steps of Town Hall in Farmingville, Haley said his Democratic opponent "wrongly steered
a public contract for the town's amphitheater to Democratic political operatives and contributors who were employees
of the Town during the Foley administration."
Lesko not only denied there was any wrongdoing on his part, but said in response to his opponent's accusation, "The [Ethics Board] decision doesn't deal with me at all." The formal statement from the Ethics Board, "Opinion 168," includes no names of any of the players. Lesko added, "They've got to be kidding. This crowd is lecturing me about ethics? These guys brought back John Jay LaValle." LaValle, who served as supervisor in Brookhaven before choosing not to run for re-election in 2007, was recently elected as the Suffolk GOP chairman.
Haley stated that a professional services requisition, or PSR, was approved "for just under $5,000" — the limit at which such a contract would require Town Board approval — to "Sidney Bowne Management" for consulting work related to the town's amphitheater on Bald Hill. Lesko confirmed that such a PSR was approved for that work, since "it seems nobody knows how to run an amphitheater" in Brookhaven. The outdoor venue for concerts and shows that can seat thousands has been costing town taxpayers each year for decades and has been a recurring topic at Town Board work sessions.
Lesko said the Ethics Board opinion cited by Haley did not even name the supervisor. An emailed message from Ethics Executive Director Sarah Battaglia and distributed by Haley at the press conference said in the Ethics Board opinion "hiring Mr. Schnirman and Mr. Melito to work with the amphitheater project would be a violation of section 28-9 A. and B. of the Town Code which prohibits former employees and consultants from working on projects in which the employee/consultant personally participated during Town service."
Jack Schnirman was deputy supervisor for a time under former Democratic Supervisor Brian Foley. Late Tuesday Schnirman responded by first noting that there is no such entity as "Sidney Bowne Management," that he is not a principal in any Bowne company, and "I'm not seeking, have not sought and have not received a town contract." He added that he has directed an attorney to look into the matter and determine whether the Ethics Board acted improperly.
Lesko said he knew of no contact between Schnirman and the town and that a Tom Melito has never worked for Brookhaven. The supervisor added the PSR would have originated from Parks Commissioner Ed Morris, a GOP-majority Town Board appointee, been reviewed by the finance department headed by Republican appointee Commissioner Charlene Kagel, and signed in his office by Deputy Supervisor Kathy Walsh, a Republican who serves as the 3rd District councilwoman.
But Lesko did not stop there. He said, "My understanding is [Councilwoman Jane] Bonner (C-Rocky Point) issued a [request for proposals] already" for work to be done at the amphitheater. Lesko said the RFP was for "$20,000 or $30,000 I think" and may have been issued without authorization.
When asked at the press conference who filed the original complaint with the Ethics Board Haley replied, "Jane Bonner."
Bonner, who stood behind Haley at his press conference but did not speak, confirmed Wednesday she issued an RFP for work at the amphitheater with a maximum cost of $30,000, but that request does not commit the town to spend one penny if the proposals received in response are not accepted. Bonner agreed with Lesko that the town does not have the expertise in house to manage the amphitheater but disagreed strongly with the supervisor's position on the process. "My RFP does not violate any ethics code," she said, "the PSR did."
The formal Ethics Board opinion reaffirms the 24-month "revolving door" limitation on former town employees working on projects they may have been involved with while in Brookhaven's employ. It reads in part: "A former Deputy Supervisor of the Town began employment with a consulting firm that was awarded a project by the Town. The interval of time between the termination of employment at the Town and the awarding of this project was 20 months."
Lesko said he has contacted the Ethics Board since he feels their opinion was issued utilizing misinformation and was assured the matter would be revisited.
The chairman of the Ethics Board, Don Garber, would not confirm or deny if his board will reconsider its opinion, Garber would also not comment directly on a possible breach of confidentiality but instead said he would "look into it."
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