KINGSTON – Closed doors and withheld decisions marked Saturday’s
two-hour meeting of the Kingston Board of Ethics, held in a small conference
room at City Hall. The event was quietly listed on the city website Friday
with no agenda description.
Present in the room were all five ethics board members, chaired by Jean
Jacobs; independent counsel Michael Sussman; and corporation counsel Kevin
Bryant. Plaintiffs Joe DiFalco and Andrew Champ-Doran also attended, but
were requested to leave after the board entered executive session to discuss
a disciplinary matter.
Several months ago, the two plaintiffs had lodged a pending grievance
against Alderman Brad Will, for alleged violations of the city’s
ethics code. They claim Will had improperly represented a private client
before the planning board, while serving as a member of the common council.
The ethics code prohibits such conflicts of interest.
This is the second round of charges levied against Will. Late last year,
he was found guilty of similar breaches, reprimanded and fined $1,000.
The October verdict, however, failed to prevent Will from beating Champ-Doran
in the Third Ward alderman’s race during last November’s election.
Alderman Will suddenly resigned from office last week, citing concerns
with the ethics code disrupting his professional career. The surprise
move left a vacancy on the common council, which now must be filled by
Mayor Steven Noble.
Will showed up late for Saturday’s ethics board discussion, but
kept to himself and refused comment to the media. He was called into the
executive session twice, first for 25 minutes, then again, following a
short hiatus, for 10 minutes. Afterwards he left the building. Will was
not represented by an attorney.
Attorney Michael Sussman raised eyebrows when he abruptly left the meeting
after a disagreement with Bryant. “I left the meeting, I’m
not comfortable with the situation at this point,” Sussman explained.
“It’s a chicken and egg issue. I can give them advice, if
they ask me for it. If the corporation counsel’s position is they
don’t have that right, then they either will say they do, and hold
him back, or he’ll say you don’t and they’ll believe
that. You have to respect the roles, you can’t insinuate yourself,”
Sussman said.
Following executive session, the public was allowed back into the meeting.
The board voted to accept and proceed with the findings they made in secret.
“The protocol is now it goes to the Alderman at Large, and then
it goes to the mayor; he determines whether it becomes public, the board
does not,” said ethics board Chairwoman Jacobs. “We did not
have a hearing. We listened to the claimant, and based on that, we have
made a recommendation, and that will most likely become a decision.”
The chairwoman added that a future discussion will take place for a waiver,
allowing Will to practice before city boards on behalf of clients, despite
the two-year ethics ban, but the issue must first be considered by the
city attorney. She declined to confirm or deny if Brad Will admitted to
any of the charges.
“No way are we dismissing the charges, let me assure you that,”
Jacobs said.
