Feiner ethics ruling delayed
By JOSEPH AX
THE JOURNAL NEWS
(Original publication: November 12, 2004)
GREENBURGH — The town's ethics board will not hand down an opinion on whether several campaign contributions to Supervisor Paul Feiner in March were illegal until the Westchester district attorney decides whether to investigate Feiner's actions.
Chairman Thomas Facelle wrote Feiner informing him of the board's decision, Feiner said. When asked for a copy, the supervisor said he had taken the letter home with him this week and had been unable to find it.
Facelle could not be reached for comment.
It is unclear whether Westchester District Attorney Jeanine Pirro will pursue a criminal investigation. Anne Marie Corbalis, a spokeswoman, said only that it is office policy not to confirm or deny the existence of an investigation.
The case was referred to Pirro's office in early October by the Edgemont Community Council, which represents eight civic associations in Edgemont.
Feiner said yesterday he had not been contacted by the district attorney and accused the community council of politicizing the issue.
Robert Bernstein, the Edgemont resident and lawyer who first brought the contributions to public attention at a Town Board meeting, is a member of the council's board of directors. But he said another director suggested sending the letter to Pirro.
"I don't think we're politicizing the issue," said council President Michelle McNally in response to Feiner's criticism. "I think it is important and necessary in order to have a cooperative and working relationship that there be a sense of trust."
In addition, the Council of Greenburgh Civic Associations, which includes 40 groups in unincorporated Greenburgh, has also requested that Pirro open an investigation.
Madelon O'Shea, the group's president, sent a letter dated Nov. 8 to Pirro's office. Like the Edgemont group, the Council of Greenburgh Civic Associations has often criticized Feiner's leadership.
Feiner sent a letter to the ethics board in October asking for its opinion on whether a $1,000 contribution from D'Alessio Enterprises at a March fund-raiser was in violation of town law.
D'Alessio Enterprises had an application to cut down trees on an Edgemont property pending before the Town Board at the time. The town's code prohibits officials from "soliciting" contributions from parties with pending applications before town agencies.
D'Alessio withdrew his application after criticism from both residents and Town Board members, including Feiner, but has since re-applied with an updated plan. Wednesday night, under pressure from Bernstein, Feiner recused himself from those proceedings.
Feiner's letter to the ethics board did not mention several other donations at the fund-raiser that have generated controversy, including:
• A $1,000 donation from Peter Gilpatric, senior vice president of LCOR, which owns an office complex off Old Saw Mill River Road and has applications for various approvals pending.
• Two $250 donations from Martin Berger and Robert Weinberg, the principals of Robert Martin Co., which has proposed the multimillion-dollar housing project known as Avalon II.
• A $250 donation from the Greenburgh Health Center, which has applications before both the Planning Board and the Town Board regarding a possible move.
Reach Joseph Ax at jax@thejournalnews.com or 914-694-5064.