Just to clarify with the facts the complaint about murphy are filed jointly by Argenio and Odell. The board voted to have an investigation into both.Mr Vatter sent in a letter that the board disagreed with his point of what they should or should not be looking into.The law is clear it applies to all village officals or employees with no special treatment of trustees. I find it ironic that this law was drafted and signed into law by MrEdsall.Here is the complaint against Vatter and Edsall
According to the ethics law adopted by the village of Cornwall on Hudson the citizenry are entitled to the expectation of exemplary ethical behavior. It is also my understanding that under the disclosure section 5 that I am expected to disclose my knowledge of what I believe is violations of the ethics law as a village official and citizen
Section 3 Conflict of Interest and standards of Conduct
It is the policy of the board of trustees of the village that all officers ,employees and consultants must avoid conflicts or potential conflicts of interest. A conflict or potential conflict exists whenever an officer,employee or consultant has an interest,direct or indirect which conflicts with his or her duty to the Village or which could adversely affect an individual;s judgment in the discharge of his or her responsibilities. A Take action or participate in any manner whatsoever in his or her official capacity in the discussion , negotiation or awarding of contract or in any business or professional dealings with the Village or any department thereof in which the officer ,employee or consultant has or will have an interest , direct or indirect,in such contract or professional dealings.
Mr. Edsall is Directly related to the contractor who built the village DPW building; it is his brother in law. Mr Edsall is the town of Cornwall Engineer and should recuse himself in any matter that may include the town of Cornwall Mr Edsall is the town of NewWinsor Engineer and should recuse himself in any matter that may include the town of NewWinsor. Mr Edsall's firm is the Engineer in the town of Blooming Grove and should recuse himself in any matter that may include the town of Blooming Grove Mr Edsall should recuse himself in any matters dealing with the Fire company Mr Edsall should recuse himself in all matters regarding the water department his firm was involved in writing the orange county water master plan Mr Edsall should recuse himself in matters where he works for the Cornwall school district Mr Vatter is a renter in a building that is owned by the contractor that built the DPW building. Mr Vatter should recuse himself in any matters dealing with the Fire company
In section3 part F Appear before any board or department of the Village as a representative or on behalf of an applicant to said board or department for the purpose of of influencing any action or proceeding,except on his or her own behalf or on behalf of the Village.?Appear? as used in this subsection shall mean communicating in any form, including ,without limitation,personally by letter by E-mail or by telephone. This shall not ,however ,be construed to prohibit the making of public comments to any board or department of the Village as a member of the general public. Mr Edsall in the matter of Mountain valley guides was very outspoken about calling an ice cream window a restaurant not retail. This Included the statement about eating kyacks . As the planning board reviewed the records provided by the owner it was clear to all of the board members present that the prior approved use was retail and the proposed use is retail. Mr Edsall's comments were pressure to influence the outcome of a matter he had clearly not researched and was willing to violate the Ethics law that he voted for.
Section 4 Recusal An officer ,employee or Village Consultant shall recuse themselves when faced with a conflict of interest. When an officer ,Employee or Village consultant perceives that he or she has a conflict of interest,which would violate the ethics code he or she shall notify the Mayor , chair or presiding officer of the Village agency,department ,council,commission or board on which he or she serves, as the case may be, that he or she needs to recuse from consideration of the matter and immediately step down or remove himself or herself for the duration of the consideration of the issue in question Chairs or presiding officers shall notify the Mayor of the recusal . If required , the mayor shall appoint or retain an alternate. To recuse oneself means to physically leave the presence of and not take part or participate in any discussion,review,deliberation or vote on the matter. Mr. Edsall is Directly related to the contractor who built the village DPW building; it is his brother in law. Mr Edsall is the town of Cornwall Engineer and should have recused himself in any matter that may include the town of Cornwall Mr Edsall should have recused himself in any matters dealing with the Fire company Mr Edsall should have recused himself in all matters regarding the water department his firm was involved in writing the orange county water master plan Mr Edsall should have recused himself in matters where he works for the Cornwall school district Mr Vatter is a renter in a building that is owned by the contractor that built the DPW building. Mr Vatter should have recused himself in any matters dealing with the Fire company Section 5 Disclosure of Interest A. Any officer, employee or consultant who has, will have or intends to aquire a direct or indirect interest in any matter being considered by the Board of Trustees by the Village or by any other official,board,department,officer or employee of the Village and who participates in the discussion before or who gives an opinion or gives advice to any board,department or individual considering the same shall publicly disclose on the official record of the Village the nature and extent of such interest.
B. Any officer , employee or consultant of the Village who has knowledge of any matter being considered by any board ,department ,officer or employee of the Village , in which matter he or she has or will have or intends to aquire any direct or indirect interest , shall be required immediately to disclose in writing, his or her interest to such board , department , officer or employee and the nature and the extent there of to the degree that such disclosure gives substantial notice of any potential conflict of interest.
Mr Edsall has failed to disclose in writing his relationship with the builder Mr Edsall has failed to disclose in writing that he is the town of Cornwall engineer Mr Edsall has failed to disclose in writing in all matters regarding the water department his firm was involved in writing the orange county water master plan Mr Edsall has failed to disclose in writing his relationship with the Fire company Mr Edsall has failed to disclose in writing in matters where he works for the Cornwall school district Mr Edsall has failed to disclose in writing what municipality's he works for . Mr Vatter has failed to disclose in writing his relationship with the fire department. Mr Vatter has failed to disclose in writing he is a renter in a building that is owned by the contractor that built the DPW building.
In summation Mr Edsall and Mr Vatter have violated the Ethics law of the Village of Cornwall. They have violated the Conflict of Interest and Standards of Conduct. They have violated the Recusal section and the Disclosure of interest section. I feel that the behavior of these two individuals falls far below the expectation of exemplary ethical behavior. I would remind the board that these are very serious matters that such violations are punishable as a class A misdemeanor. There are 3 major parts to the ethics law. Mr Vatter and Mr Edsall have violated all three major parts. Thank you for you're time in this matter. Andrew Argenio I would have to ask MaryAnn Odell if i can poast the other complaint
posted by Andrew Argenio on 06/20/10 at 8:42 AM
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