Reproduced with permission of The Journal News.
Supervisor's campaign funds questioned
By JOSEPH AX
THE JOURNAL NEWS
(Original publication: October 1, 2004)
GREENBURGH — Campaign records for Supervisor Paul Feiner reveal a number of contributions from individuals or companies with applications pending before town agencies, some not previously reported.
In addition, Greenburgh lawyer Bob Bernstein, who first drew attention to some of the contributions at a Town Board meeting two weeks ago, questioned why the Town Board did not act on legislation that could have prevented a controversial housing development before the development was approved by the Planning Board. Partners from the law firm representing the developer gave Feiner small donations in March, while the case was pending
Feiner said again this week that he does not believe he violated the town code in accepting the donations and rejected the idea that the board had delayed in approving the legislation.
He will send a letter to the ethics board Monday asking for its opinion, although he had initially said he would send it more than a week ago. Feiner said he is still revising the letter, which will not address the donations from the law firm. Instead, the letter will focus on March contributions from the Greenburgh Health Center and from D'Alessio Enterprises, both of which had applications for approvals pending in March.
According to the code, elected officials cannot "solicit" money from any "party" — which the law does not define — with an application pending for a permit, variance, approval or other ruling from boards or commissions.
A second provision prohibits officials from accepting gifts when it can be "reasonably inferred" that the gifts were intended to influence them.
It is unclear whether the town code is meant to distinguish between individuals and the companies they work for.
"I'm convinced there was no violation of the code," Feiner said, because he made no effort to solicit the funds.
Steven Leventhal, a Long Island lawyer and former chairman of the Nassau County Board of Ethics, said Feiner likely did not violate the code, provided that he did not actively seek donations from parties with pending applications.
Feiner said he played no part in organizing a fund-raiser in late March at which most of the contributions in question were made. The invitees list and the event itself were planned by others, he said, and he did not know who would be attending before the fund-raiser.
At the event, Friends of Paul Feiner accepted $1,000 from Peter Gilpatric, senior vice president of LCOR. LCOR owns the massive office complex off Old Saw Mill River Road, where the practice facility for the New York Knicks, Rangers and Liberty stands, and has had applications for various approvals pending for years.
Gilpatric was unavailable for comment, and a LCOR spokesman, Steve Vitoff, said only that LCOR was "looking into it."
In addition, Robert Weinberg and Martin Berger, principals of the Robert Martin Co., the developer behind the major housing project Avalon II, each gave Feiner $250 earlier in March.
Weinberg said his company has given money to "good government" politicians for decades and said he had never received "special" consideration.
As previously reported, Feiner also accepted $1,000 from D'Alessio Enterprises and $250 from the Greenburgh Health Center at the event, both of which had pending applications.
Lawyers from a number of law firms that represent clients with pending applications also donated funds in the spring. But Leventhal said the ethics code probably does not cover law firms that represent applicants, since the firms themselves are not applying for approvals.
Reach Joseph Ax at jax@thejournalnews.com or 914-694-5064.