REVIEW CONTINUES
Jury out on energy contract complaint to Board of Ethics
SARATOGA SPRINGS, N.Y.
>> A small crowd of about eight residents gathered outside a vacant business up for sale at 70 Lake Ave. where a Saratoga Springs Board of Ethic meeting was held in response to a complaint filed with the Board of Ethics by Ann Bullock and William McTygue.
In the past week the focus on the issues salient to the Commissioner of Finance position in the Democratic primary race took a sharp deviation from what each candidate had to offer the voters onto the letter submitted on June 6 to the Board of Ethics from former member and secretary of the City Charter Review Commission Bullock and former Director of Public Works McTygue.
The pair alleges that politics may have played a part in an energy contact the City entered into with EnergyNow, because Department of Works employee Edward Miller is also the chairman of the Independence Party, while his partner, Joanne Foresta, an energy broker, is the treasurer, and represents the company.
Gathered outside were Democratic Commissioner of Finance candidate Patty Morrison, McTygue, his brother Thomas McTygue, former Commissioner of Public Works, Bullock, and outspoken resident disabil
ities advocate Darlene McGraw.
Inside, Board of Ethics members Brendan Chudy, Kathy Jaques, and Justin Hogan and Assistant City Attorney Tony Izzo, Mayor Meg Kelly and City Attorney Vince DeLeonardis had taken seats inside a vacant room to wait for Hogan to call the meeting to order at 6 p.m.
Those outside entered the building and although many Board of Ethics meetings are held under Executive Session, Monday’s was open to the public. It sparked a small amount of citizen response on the eve of the Democratic primary on Tuesday, when residents will cast their vote for either incumbent Commissioner of Finance Michele Madigan or her opponent, Morrison.
Miller’s party endorsed Kelly, Michele Madigan, John Franck and Skip Scirocco for re-election.
The backlash of response due to the assumed affiliation to Miller of other City Council members and any alleged role in the energy procurement issues added to the resultant conjecture, accusations and a continual volley of mudslinging.
At the meeting, Hogan opened the floor to public comment and the following statements were heard:
William McTygue: “Edward Miller is the Chairman of the local Independence Party, he’s also a City DPW employee and apparently he’s also now perpetrating himself as an energy procurement broker.
“What’s apparent with these findings is that Edward Miller has been playing fast and loose with the City’s ethics code, and the New York State Municipal Law.
“Unfortunately, the City Council has been going along with this obvious conflict of interest in direct violation of the City’s ethics codes.
“In his capacity as the head of the Independence Party, Edward Miller has endorsed the four members of the City Council, guaranteeing them a line on the November Election ballot and, as indicated by financial records with the State Board of Elections, he has also recently issued checks and made substantial donations to their campaigns.
“All this for what appears to be, in exchange for a lucrative energy contract with the City that will pay substantial profits in the form of commissions paid to Miller and his partner, JoAnne Foresta. This has all the appearances of a pay-to-play scheme that warrants further investigation.
“And, as an added question, where was the City Attorney’s counsel and advice in this obvious violation of the City ethics rules? As a result of the City Attorney’s recent response to our letter and because he, too, is a political appointee, it’s apparent he’s incapable of administering a fair and unbiased interpretation of the facts surrounding this seriously flawed transaction.”
Thomas McTygue: “What they’re allowing to happen in a private building, not a City facility, where there are signs on the lawn for Patty Morrison’s opponent, Michele Madigan. It’s disgraceful.” Ann Bullock: “Most of the people here came because the Code of Ethics for the City says to avoid even the appearance of impropriety. It appears here there is a direct conflict. What is the quid pro quo here?”
Resident Gail LaSalle: “I’m not even going to pretend to address some of the ramblings I just heard. What we have here is conjecture between Mr. McTygue and Ms. Bullock. There were not significant taxpayer funded payments to EnergyNow.”
Darlene McGraw: “To hold a public meeting in a building that is not ADA accessible is discriminatory to people who cannot walk upstairs. This building is not ADA compliant. We should have found an attorney that has nothing to do with the City to hear this case.”
No decision was made with regard to the propriety of procurement of energy for the City of Saratoga Springs through EnergyNow. The Board of Ethics conveyed that they would make their decision after a non-specified period of review.