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The following three letters were sent to
Grassroots for Greenburgh and comment on the 5/3/06 Journal News article,
Greenburgh police investigate supervisor’s e-mails, and
the investigation launched by the Greenburgh Town Board over Supervisor Paul
Feiner’s acknowledged breach of confidentiality over a proposed Town purchase of
property to house temporarily the Greenburgh Library and, possibly in the
future, the Police Department and the Town Court.
From: Robert B. Bernstein
To: Grassroots for Greenburgh
Subject: 5/3 Greenburgh Investigation Article
Date: Wed, 3 May 2006
If Feiner did not believe the
information was confidential, why then did he further admit at Friday's
meeting to sending the town attorney's e-mail first to his personal
political e-mail address, Feiner98@aol.com, before sending it to
Rosenberg (and perhaps others)? And why did the Journal News not report
this very telling piece of information? If the information was not
confidential, as Feiner says, why did Feiner not just forward it
directly from his town e-mail address? Is it because then his e-mail
communication to Rosenberg would then be subject to FOIL? If so, what
was in that e-mail communication to Rosenberg that Feiner did not want
the public to see? Was he in fact abusing his office by leaking
confidential information to Rosenberg for the purpose of undermining the
efforts on the part of town staff to negotiate a good short-term lease
for temporary library space? The act of sending the e-mail to Feiner98@aol.com
shows that Feiner knew exactly what he was doing in leaking the
information to Rosenberg -- and because he used his personal political
account to do so -- that's off-limits to Chief Kapica, as well it should
be. But because Feiner used this deceitful tactic, we'll never know to
whomever else he may have sent the information or what he may have told
Rosenberg or others to do with it.
Against that background, I do not
understand why did the Journal News led off its story with Feiner
supposedly not realizing the consequences of his having pressed the
"send" button on his blackberry. That conveys the impression that what
Feiner did was inadvertent. But anyone who was at Friday's meeting, or
who may have watched it on the Internet -- knows it was anything but
that. Thus, the one thing that Feiner made clear on Friday that he did
NOT do was "send" the message to Rosenberg from his blackberry. He said
he ran into Rosenberg at the supermarket and "showed" the Lewis e-mail
message to him. He did not "send" the message to him at that time. He
said he went back home, re-sent the e-mail message to his political
account, and then re-sent the message to Rosenberg from there. Perhaps
this was too much detail for a daily to report -- but being a daily
doesn't excuse using a lead which is both factually wrong and conveys to
readers a false and misleading impression.
I hope the Town Board releases a report
on what actually happened here so that Greenburgh residents can get a
complete picture and form their own conclusions.
Robert B. Bernstein |
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From: Hal
Samis
To: Grassroots for Greenburgh
Subject: 5/3 Greenburgh Investigation Article
Date: Wed, 3 May 2006
Ed: attorney-client privilege is the
protection the client gets while speaking with his
attorney. What does this have to do with this situation? Feiner
admitted it as early as the Wednesday town board meeting saying "now you
don't have to bother the police" -- and we discussed this friday/saturday.
If the purchase option were a bogus transaction, the cost of obtaining
this option if the "option" was not exercised could be charge to the A
budget. If the real purpose of the option was merely a vehicle to
reduce the rent for the Library by the option fee being divided over the
rental period, then the A budget and, hence the Villages would be
contributing toward the Greenburgh Library rent, something they would
not want to do. Again, we discussed this last weekend.
Whether we like or agree with Mr.
Rosenberg is not the issue, he is still the chairman of the standing
SCOBA committee and asking his opinion on this allocation is not so
absurd.
What is absurd is the Democratic Town
Council members, Bass, Barnes, Juettner and Sheehan adopting the
attitudes of Mr. Ashworth. The meeting on Friday,
with stenographer, was public noticed as inviting public comment. No
such provision was allowed despite the presence at the meeting of the
town board parliamentarian and a town clerk -- neither were consulted
despite my protest.
Hal Samis |
From: Edward Krauss
To: Grassroots for Greenburgh
Sent: Wed, 3 May 2006
Subject: 5/3 Greenburgh Investigation Article
Your story about the investigation of an
e-mail in Greenburgh is somewhat misleading. Yes, Mr. Feiner admitted he
sent the e-mail. This, however, after continuously denying it. Even his
admission was tainted. In his first version he
claimed he "ran into Mr. Rosenberg in the supermarket...." His second
version, presented on the same day, Friday, most somewhat more
forthright- if admitting to two lies can be considered forthright- when
he admitted sending the information on his blackberry. And, if as your
article states, "he had no idea the information was confidential," why
did he have to engage in a compound lie?
Mr. Feiner has been in public office for
approximately two decades, and is an attorney b education. Shouldn't it
be about time he learned what privileged attorney-client communications
are? And, for that matter, what legal and
ethical behavior is?
As to Mr. Rosenberg, how could he "ask to
see a document" he allegedly had no knowledge of? And, his "concern
about the effect that the "land deal" could have on Village budgets, is
a non-sequitur. If the land was for a temporary use for he library, it
would be of no concern to the villages, because that funding comes from
the recently passed Library referendum, paid for exclusively by
taxpayers in the unincorporated sections of Greenburgh. If it is for a
future police department H.Q., ditto- B budget. If it is for a new
courthouse, it is in the Town wide A budget,
but there is no choice in the matter, and Mr. Rosenberg's input is
superfluous.
Notwithstanding, "Frank' was the
worst-kept secret in town," does not give Mr. Feiner license to violate
his fiduciary, moral and legal responsibilities. Because "everyone" is
driving 65 MPH in a 50 MPH zone, does not give you the right to do so.
Finally, there ARE secrets in Greenburgh,
bur I can't reveal them to you, else they will no longer be secrets.
Ed Krauss, Scarsdale
P.S. One other thing. In Mr. Feiner's
mind, now that he has admitted his "indiscretion" he is absolved. And
his comment that he'll "never do it again," is a "bet" no
self-respecting bookie will take. |
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