Spada: “Unnecessary and
problematic”
KINGSTON – A brief public hearing held Thursday at the Ulster County
Office Building underscored controversy surrounding a proposed change
in the county ethics law, approved by the legislature last June. All four
speakers slammed Local Law #18 of 2018 as a terrible idea.
The revision grants the county legislature the ability to control membership
of the five-person ethics board, by selecting a majority of three members;
plus full confirmation and removal powers. It passed by a vote of 17 to
5, on June 17, with Bartels, Gerentine, Haynes, Nolan, and Woltman dissenting.
The current arrangement, in place since 2009, has the county executive
propose ethics board members, and the legislature confirm them. No more
than two members can be of the same political party.
“It‘s a solution in search of a problem, but it also creates
a problem, which also bothers me. Everybody agrees that the ethics board,
as its currently operating, is just fine,” said former League of
Women Voters Mid Hudson Region Co-President Dare Thompson.
Former county attorney Beatrice Havranek, who helped draft the original
county charter, agreed. “What exactly are we fixing?” she asked,
in a letter read by League member Tom Kagen. She said the proposed ethics
revision erodes the ideal of checks and balances, returning local government
to the days of political and self-interests.
Havranek added that the new removal powers granted by the legislature
to itself could have a chilling effect on future decisions rendered by
the ethics board members.
“It is our opinion that the proposed legislation is unnecessary,
and problematic,” noted Derek Spada, chairman of the ethics board,
speaking on behalf of his colleagues. Spada stated that the change violates
state municipal law, which dictate the current system. “Any change
to the appointment process may open the door to corruption,” Spada
said.
“To the best of our knowledge, our advisory opinions have been adhered
to, by all except one individual,” Spada noted in his statement.
Records of the ethics board have the names of the officials they discuss
redacted.
County Executive Michael Hein declined comment, other than to say he has
10 days from the public hearing to decide whether he signs the new law,
or vetoes it.
County Comptroller Elliott Auerbach, who is charged with auditing and
reviewing county spending, supports the ethics board changes, noted by
telephone after the public hearing that the legislature holds the purse
strings of county government.
