Councilman files ethics complaint
Accuses mayor, city attorney, of violating charter
TROY, N.Y. » A city council member has filed an ethics complaint against the mayor and corporation council over a delay in turning over records.
“As an elected Troy councilman I’m filing an ethics complaint against both Mayor Patrick Madden and Corporation counsel James Caruso for their failure to properly uphold the Troy City Charter,” wrote Council member Mark McGrath in an email dated Aug. 14, sent to the Ethics Commission, the City Council, Mayor’s Office, and media. “Both public officials signed an oath of office ... to uphold and follow the city charter.”
McGrath had requested copies of “reverter clauses,” which govern under what circumstances the city can take back properties it has sold.
On July 19, he sent the follow- ing email, “Mayor, please read section C-15 of the charter and direct your appointees to abide by the Troy city charter. I want all reverters signed since January 1, 2018.”
Reverters became an issue in 2017 when the city was asked by the Attorney General’s office to turn over documents related to a land deal involving a former city engineer. The city made a number of changes to how it handles property sales, but McGrath says not all of these have been followed.
On July 19, McGrath received an email from Mayor Patrick Madden. “I am familiar with the Charter section you cite. You did not need to couch your request in terms of a FOIL request. We’ll put together the information you are looking for. Due to vacations we are a little short staffed right now. It may take a couple of days to get to it. Your patience will be appreciated.”
McGrath says he wasn’t sent the requested documents until recently.
“I still have not received the information I requested and will note there is an ongoing criminal investigation concerning the past practice of this very subject. Please send a prompt and public opinion also with a possible recommendation of what steps should be taken next,” McGrath wrote.
Less than two hours after he declared he’d be filing the ethics complaint, McGrath was emailed copies of the documents he wanted by Caruso.
“Attached hereto please find the Reverter Releases that you previously requested. My apologies for the delay in forwarding this information to you,” wrote Caruso.
McGrath said he’s already filed the paperwork needed for the eth-
ics complaint, but hasn’t heard back from the Ethics Commission.
“I’m hoping the Ethics Commission will uphold the city’s charter and issue a written rebuke of what they did,” said McGrath.
Madden’s office doesn’t believe it violated any ethics laws.
“What the councilmember alleges in his email is that he was not provided information fast enough to suit his needs,” said Madden spokesman John Salka on Wednesday. “While the councilmember may be dissatisfied, it certainly is not a violation the city’s ethics laws. This issue could have been resolved if he simply picked up the phone. The mayor is more than happy to speak to the Ethics Commission if they take up the matter. In the meantime, this administration remains focused on strengthening Troy’s finances, investing in our infrastructure, and attracting new investment to build a stronger future for our neighborhoods and community.”
The city has a web page on filing ethics complaints: http://www.troyny.gov/gov- ernment/ boards- commissions/ethics- commission/ file- complaint/
The city’s bylaws regarding ethics can be found here: https://ecode360.co m/11130039?highlight=eth ics#11130039
There’s also an online form for filing ethics complaints: http:// www. troyny.gov/wp- content/uploads/2017/01/ethicscomplaintform.pdf