With the careers of Trustees Robin Brown and Roy Stevenson and Mayor Bill Manger at stake in the upcoming election, the board cooked up a plan to manage politically embarrassing Ethics Board violations against Trustee Brown by using taxpayer money to buy a legal opinion from an out-of-state lawyer to exonerate Trustee Brown. And then they trumpeted the “exoneration” in The Press [“Southampton Village Trustee Robin Brown Cleared in Ethics Case by Independent Expert,” 27east.com, June 4].
This shameful political act not only impugned the integrity of our village’s Ethics Board but set a troubling precedent for our elected officials to invalidate decisions they find politically inconvenient.
Our volunteer, mayor-appointed village Ethics Board (which includes a lawyer and a priest, and is advised by outside ethics counsel) recently found that Trustee Brown and her husband accepted valuable opera tickets, with a value in excess of $75, from Peter Marino, in violation of our ethics code. The trustees have unresolved matters before them involving Mr. Marino and his controversial design to close Pond Lane and install a garden. A trustee’s acceptance of gifts from a person who has had or may continue to have business before the Village Board is precisely the behavior prohibited by the code and at a minimum creates a clear appearance of impropriety.
It is unlikely that their hired lawyer was made aware of all the facts, but her decision exonerating Trustee Brown was based on Section 7-17(F)(2) of the code, which permits a trustee to accept gifts from friends “when it is reasonable to conclude that the personal relationship, rather than the recipient’s status as a village officer, … is the primary motivating factor for the gift.” This exception does not apply to friendships formed while the trustee was in office, where the gift-giver has matters before the board. The provision should be construed narrowly and not be used as a shield to protect our officials from accepting bribes.
It is highly unusual for a village to hire outside counsel to invalidate the Ethics Board’s decision and is permitted only where there is a “governmental purpose.” I see a political purpose here but cannot fathom a governmental one. Indeed, using village resources to hire an outside lawyer for political gain is arguably in violation of Section 7-13(B) of the ethics code.
I recently completed a five-year term on our Ethics Board, and the decision that Trustee Brown had committed a violation was reached after I left office. I can nevertheless vouch for my fellow board members having great professionalism and a commitment to making fair and legally valid decisions.
It is disgraceful that the mayor and trustees are making an end run around our own Ethics Board for political purposes, undermining its independence and chilling its watchdog function.
Teresa Melhado
Southampton Village