Reproduced with permission of The Scarsdale Inquirer.

© 2004 S.I. Communications, Inc. All Rights Reserved. Published in The Scarsdale Inquirer on Friday, October 29, 2004

By LAURIE SULLIVAN

Former Supreme Court Judge Thomas Facelle, chairman of the Greenburgh Board of Ethics, said his board will consider any and all information it receives to determine if Town Supervisor Paul Feiner violated the town ethics code by accepting campaign contributions from donors with active applications pending before the town.

"We will weigh all the information that is provided to us; that is the purpose of the committee," Facelle said in a phone interview Monday. "We will weigh all the allegations. Our jurisdiction is clearly set forth in the code of ethics. Our responsibilities are pretty well circumscribed. Whether or not the facts are clear-cut I don't know. I have to sit down with my colleagues to discuss it."

Just days after residents wrote to Facelle complaining that Feiner's Oct. 8 letter to the ethics board, which focused on only one contribution, was not sufficient, they received a response from Facelle.

The three writers, Ed Krauss and Bob Bernstein of Edgemont and Hal Samis of Hartsdale, each received a short letter from Facelle acknowledging receipt of their letters and extending an offer for them to appear before the Board of Ethics "if you wish to present any additional facts or documentation not contained in your letter." Facelle offered the option of mailing or faxing the information.

Only Bernstein, an attorney, responded, faxing back a letter asking if the meeting would be public or private, "whether Feiner would be invited to appear with us, and if so, whether he will be invited to speak, answer questions and offer documentation of his own." He went on to say; "Mr. Feiner is telling people that these allegations are motivated solely by a desire to embarrass him politically and should not therefore be taken seriously."

Bernstein said that as a member of the bar and an officer of the court, his motivations were sincere and "reflect a belief that all official decision-making, even at the local level, must always be free from even the appearance of impropriety." He noted that he is not now nor has ever been a candidate for any office including Feiner's "and I don't plan on giving up my law practice in Manhattan to do so."

Reached by phone Tuesday, Samis said he didn't plan to meet with the ethics board "because I don't think they'll end up doing anything" and he doesn't have any additional information to offer.

"I wrote the letter because I wanted them to know that there are people who are interested in what's going on," he said. "Feiner will emerge maybe with a tap on the wrist, but nothing that he won't recover from."

Krauss didn't share this view and was clearly pleased with Facelle's willingness to listen to all the evidence.

"I think it's a very good thing that's he's acting on letters from citizens. I think that it's ostensibly an open process. It really depends on the outcome. Is he talking to us for show?" he asked. "If I were Judge Facelle, having had the information that you [the newspaper] supplied publicly, I would have sent it [Feiner's letter] back to him for a second draft. I'm hoping this is an open process and we, the people, have input in the process so that he and his board can hear all sides."

Krauss said he had documentation to provide the board with from Feiner's filings with the board of elections. He explained: "There is a proximity of when the money came in, when the checks were deposited and when the fundraiser occurred. If there are 20 or 30 checks deposited April 6 and the fundraiser was March 29. The assumption is that those checks came from that fundraiser. Many of those checks came from lawyers who have clients who have applications before various boards, developers per se, from what I saw there were also companies who do business with developers. My position is very clear that Mr. Feiner violated the code. He clearly gave the appearance of impropriety. I don't think there is any gray area at all. Even the way the letter is written, what he is saying is `I'm looking for an opinion for future events.' In no way does he say `If you think I violated the code I will return the money."'

The judge, who has been chairman since the ethics board was established by the town board a dozen years ago, said that Feiner has not requested to meet with the committee and would not meet with him unless "he has something else to add."

When asked what power the ethics board has if it were to find any wrongdoing by Feiner, Facelle said, "It depends. We can refer to the town board, we can make recommendations. We can suggest removal from office, censure. We can suggest a fine."

Can the ethics board ask Feiner to give the money back?

"We cannot compel that," he said. "What we are rendering is an opinion, that's the key, and enforcement rests with the appointment authority, which is the town board."

The Greenburgh Town Board appointed the four-member volunteer board, which also includes lawyers Donald Greene, Louis Schenkel and Robin Bauer. Section 570-11 of the town code provides that either the town attorney or deputy town attorney act as ex officio to the ethics board. However acting town attorney Tim Lewis said Wednesday that he "would move that that person not be from our office to avoid the appearance of any conflict of interest."

Facelle pointed out that under town code no more than two members of the same political party may serve on the ethics board.

The 74-year-old judge, who retired from the bench nine years ago after serving as chief assistant district attorney for 20 years under Carl Vergari, said he doesn't expect the ethics board to render an opinion before mid-November. Currently one board member is on vacation and Facelle plans to be away next week on a family vacation.

Feiner said he hadn't seen Facelle's letter and had no comment.