The Record (Troy, NY)

Councilman files ethics complaint

Accuses mayor, city attorney, of violating charter

- By Keith Whitcomb kwhitcomb@digitalfir­stmedia.com @kwhitcombj­r on Twitter

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

 ??  ?? Troy Mayor Patrick Madden speaks about Ralph Southworth during a promotion ceremony with the police department Wednesday at City Hall.
Troy Mayor Patrick Madden speaks about Ralph Southworth during a promotion ceremony with the police department Wednesday at City Hall.

Newspapers in English

Newspapers from United States