Gallo’s veto of ethics form is overridden
The Common Council has overridden Mayor Shayne Gallo’s veto of legislation adopting a simplified ethics disclosure form for city employees and elected officials.
While the council unanimously approved the new form last month, Tuesday’s vote to override the mayor’s veto passed by only a 6-3 margin. The override needed a minimum of six votes.
Voting against the override were Minority Leader Deborah Brown, R-Ward 9, and Alderwomen Mary Ann Mills, D-Ward 7, and Nina Dawson, D-Ward 4.
Gallo vetoed the new disclosure form April 15 following a public hearing, arguing it undermined the purpose of the city’s ethics law. Gallo said the new form exempts certain professions from disclosing their clients who might have business before the city’s agencies and boards and that the legislation, as adopted, did not
provide for the opening and review of the sealed financial disclosure forms.
The five-page form adopted by the council was to replace an earlier 10-page version, simplifying disclosure by employees and elected officials, aldermen have said.
During Tuesday’s meeting, Alderman Brian Seche, D-Ward 2, said that while he agreed with many of the points in the mayor’s veto message, he voted in favor of the override simply to get the shorter questionnaire in place.
“I certainly would encourage Laws and Rules [Committee] to take this up and follow through with a much more comprehensive legislation answering all the questions in the mayor’s veto, including readjusting the questionnaire if we feel it’s necessary,” Seche said.
Majority Leader Matthew Dunn, D-Ward 1, added that in his experience practicing law, the simpler and easier the form is to understand, the more responses the city will receive from those required to submit it.
Dunn also submitted a memo Tuesday to council President James Noble saying the disclosure forms need to be made available to the public and that the ethics law should be amended to allow the Common Council to appoint and approve members of the Ethics Board, and to limit the mayor’s ability to remove members.
On Thursday, Gallo said he will send a memorandum to the council’s Laws and Rules Committee asking it to amend the ethics law to make sure the disclosure forms are made available to the public under the state’s Freedom of Information Law. He said he also will ask the committee to amend the disclosure forms so that the professions currently exempted from listing their clients instead would be required to provide that information.
Currently, the city’s Ethics Board is reviewing an issue involving Alderman Brad Will and an architectural rendering he created for an applicant that is before the Heritage Commission, Gallo said. He said the Heritage Commission is determining whether the applicant’s sign is in compliance with the zoning for the Broadway corridor. If the ethics law were applied in its current form, the public would not know an alderman has a potential conflict of interest for doing business with an applicant who is before a city commission, Gallo said.
Will, D-Ward 3, said Gallo’s comments about his business were “patently ridiculous” and show a pattern of the mayor attacking people he has problems with, such as former Fire Chief Chris Rea and potential mayoral opponent, Democrat Steve Noble. Will added that Gallo has “had it out for” him for some time.
Will, the principal owner of Ashokan Architecture & Planning, said there is full disclosure of his business.
“And I will do business with any private individual or company or institution that wants to hire me for work,” Will added. “It’s what I do. It’s my profession. There was no ethical breach here whatsoever.”
As for professionals disclosing their client lists, Will said the city’s old ethics form did not ask for that information either. He said the majority of the council wants to use the new form and the mayor needs to accept that.
Gallo said he also wants the Laws and Rules Committee to amend the ethics law to make sure the Ethics Board is able to open and review the submitted disclosure forms. He said the law also needs to address potential penalties for individuals who violate the statute.
“Otherwise what you have is a meaningless law, which is not transparent,” Gallo said.
Will, who chairs the Laws and Rules Committee, said the committee will review any memorandum the mayor submits. He said the committee will address the issue of making sure the disclosure forms are opened and reviewed.