Ethics Board proposes solution to Queensbury controversy
Trump administration continues to wage war against a free press
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The Ethics Board for the Town of Queensbury is taking a stand.
Seven months after ruling Queensbury Town Councilman Tim McNulty has the "appearance of a conflict of interest" and frustrated by its lack of action, the Ethics Board shared a proposed resolution to amend the town's ethics policy and resolve the conflict.
If adopted, the resolution would require that Councilman Tim McNulty and Councilman Michael Dixon choose between being councilean and being in leadership positions with a political party.
McNulty is chairman of the Warren County Republican Committee.
Dixon is vice chairman of the Queensbury Republican Committee.
That resolution reads as follows:
RESOLVED, that the Queensbury Town Board authorizes Town Counsel to draft an amendment to the Town Code that would amend the Town Code, Chapter 14 Code of Ethics in that it would be amended to include a prohibition of a Town Board member being a political officer at the same time as their Town Board term of office. And, once drafted in form acceptable to the Town Board, a public hearing will be held before a Town Board vote on this proposed amending of the Town’s Ethics Code.
According to Paul Abess, who authored the resolution, Ethics Board members Kurt Koskinen (chair), Patty Murray, Lisa Woititz and Dwayne Zuhlke voted unanimously in favor of the resolution.
The Ethics Board was appointed by the Town Board and is nonpartisan.
The Town Board has a workshop meeting on Thursday, September 25 at 5 p.m. and the Ethics Policy is on the agenda. The meeting, like all Town Board meetings, is open to the public and held in the supervisors conference room at the Town Hall.
The supervisors have the opportunity to settle on final language and advance the resolution to a public hearing at the workshop or kick the can down the road — again.
Considering how long the board has dragged its feet, approval seems unlikely in light of the politics involved. The Town Board currently consists of four Republicans — Tim McNulty (Ward 4), Michael Dixon (Ward 3), Tony Metivier (Ward 1) and Scott Gushlaw (Ward 2) — making the three other Republicans on the board beholden to McNulty because he is the chairman of the Warren County Republicans and oversees the party's political endorsements. Hence, the appearance of a conflict of interest. Supervisor John Strough is the lone Democrat on the board.
If Gushlaw or Metivier vote to approve the change in the ethics policy, they will essentially be voting against the head of the county Republican Party. A future endorsement cold be at risk for them.
That's why the change is needed.
This happened to current Town Board member Tony Metivier — he lost the Republican Party endorsement — after he voted against the party’s wishes to change law firms in 2017.
There is also a strong case to be made that neither McNulty nor Dixon should vote or even take part in the discussion on the change because it directly affects them personally.
For either of them to vote on or debate the resolution would be a conflict of interest, and this time it would not be the "appearance" of a conflict but an actual conflict.
On Monday, the Town Board will hold its regular meeting. At the end of the meeting, there is a public comment period. I urge all citizens to attend and urge the Town Board to adopt the resolution proposed by the nonpartisan Ethics Board.
If you can't make that meeting, I urge you to contact the councilman or supervisor directly with your concerns at:
https://www.queensbury.net/government/town-board-elected-officials/
There may be a bigger question here as well.
If the Town Board thumbs its nose at the Ethics Board after seven months of waiting, I wonder if that will be the end of the Ethics Board.
If the Town Board is not inclined to listen to its advice even on a straightforward matter like this, why are they even there and wasting their time?
It's a question I suspect the Ethics Board is asking itself as well.
FULL TEXT OF THE RESOLUTION
FROM QUEENSBURY ETHICS BOARD
RESOLUTION TO DRAFT AN AMENDMENT TO THE TOWN CODE CHAPTER 14 CODE OF ETHICS TO INCLUDE THE PROHIBITION OF A TOWN BOARD MEMBER BEING A POLITICAL OFFICER AT THE SAME TIME AS THEIR TOWN BOARD TERM OF OFFICE.
WHEREAS, it is generally considered a potential conflict of interest when a political party officer of a political party also serves on the Town Board.
WHEREAS, a town board member's primary duty is to represent the best interests of all town residents, regardless of political affiliation. A political party officer, however, has a duty to further the agenda and interests of their specific political party. These two loyalties can, and often do, conflict.
WHEREAS, even if no actual wrongdoing occurs, the perception that decisions are being made based on party loyalty rather than public good can erode public trust. This "appearance of conflict" is often explicitly addressed in ethics laws.
WHEREAS, a party officer on the board might have access to sensitive town information or leverage their board position to benefit their party, its candidates, or its donors.
WHEREAS, decisions regarding appointments, contracts, zoning, or resource allocation could be influenced by political considerations rather than merit or community need.
WHEREAS, there's a risk of blurring the lines between official town board duties and political campaign activities, especially around election times. Using town resources or time for party purposes is a common concern.
WHEREAS, a political party officer, as a town board member, might exert undue influence over town employees or other appointed officials to support their party's goals.
WHEREAS, the broader concept of "conflict of interest" extends beyond direct financial gain. Many municipalities in New York have their own local codes of ethics that address appearances of impropriety and other non-financial conflicts.
WHEREAS, as highlighted by the New York State Comptroller and other sources, acting in a manner that would make a reasonable person think you can be improperly influenced is often prohibited. This includes situations where a municipal employee's relationships and affiliations could prevent them from acting fairly and objectively.
WHEREAS, Town Board members have a duty of public trust and the need to avoid situations that compromise that trust.
WHEREAS, Town Board members should not place themselves in a position where matters that come before the board that directly involve the political party or could directly benefit it.
WHEREAS, the Town of Queensbury's Ethics Board has held that being a Town Board member while holding a political party officer, or political party leadership position, creates the pathway for a conflict of interest, as well as an appearance, of a conflict of interest.
NOW, THEREFORE BE IT
RESOLVED, that the Queensbury Town Board authorizes Town Counsel to draft an amendment to the Town Code that would amend the Town Code, Chapter 14 Code of Ethics in that it would be amended to include a prohibition of a Town Board member being a political officer at the same time as their Town Board term of office. And, once drafted in form acceptable to the Town Board, a public hearing will be held before a Town Board vote on this proposed amending of the Town’s Ethics Code.
Cassidy vaccines
Sen. Bill Cassidy of Louisiana has to be one of the most naive politicians in the history of the U.S. Senate.
As a doctor, he was skeptical of Robert F. Kennedy's nomination as health secretary and his position on vaccines. Only after getting a guarantee from Kennedy that he would not touch vaccine policy did Cassidy vote for him. Several of his colleagues followed his lead.
Cassidy is also chairman of the Senate health committee and after Kennedy fired an entire 17-person advisory committee on vaccines, he worried that childhood vaccines would not continue.
That panel met Thursday and Friday AND refused to continue the current vaccine routine for children that scientists believe has saved thousands and thousands of lives.
Dr. Cassidy looks ridiculous for trusting a politician and children will die because of him.
Even the insurance industry called the lack of an endorsement on these vaccines a "travesty."
Freedom of press
Bad news is a felony.
That seems to be what President Trump said this week when he told reporters that reporters who covered his administration negatively have broken the law.
Let that sink in a second.
No news organization should cover an administration positively or negatively, they should ask questions and hold public officials accountable.
Not in President Trump's view.
“They’ll take a great story and they’ll make it bad,” he said, speaking to reporters in the Oval Office. “See, I think that’s really illegal.”
It is not.
It came a day after Trump endorsed the FCC chairman's view that television stations should lose their licenses for negative commentary on the administration.
Sen. Ted. Cruz, usually in Donald Trump's camp, pushed back on FCC Chairman Brendan Carr calling his tactics to retaliate against media companies "mafia-like" and "dangerous as hell."
More bad news
Freedom is also under attack at the Defense Department where on Friday it announced it is requiring reporters to pledge not to gather or use any information that had not been formally authorized for release or risk losing their credentials.
Documents like the "Pentagon Papers" or earlier this year The Atlantic's coverage of the Defense secretary's use of a Signal chat to discus secret military plans.
The 17-page memo says in part that the Defense Department “remains committed to transparency to promote accountability and public trust.”
But that information must be approved in advance even it is unclassified.
It makes the Defense Department the final editor for any information reported by independent journalists.
This new policy should be chilling to all of us.
The New York Times reported that under Defense Secretary Pete Hegseth "the Pentagon has placed a series of restraints on the news media’s ability to cover the military, beginning with the decision in late January to remove four outlets from their work spaces in the Pentagon in favor of news sources, such as Breitbart News, that have provided coverage seen by the administration as more favorable."
Hegseth has held only one press briefing since taking office.
The Times also wrote:
Mr. Hegseth, a former Fox News host, has taken an increasingly adversarial position with the press, repeatedly accusing journalists of attempting to “sabotage” Mr. Trump’s agenda by publishing information leaked by “disgruntled former employees.”
Prosecutor in chief
President Donald Trump ordered the U.S. Attorney for the Eastern District of Virginia to prosecute New York Attorney General Letitia James for mortgage fraud.
That attorney, Erik Siebert, declines to file charges because of the lack of evidence. Trump responded by threatening to fire him and Siebert resigned.
Remember, it was James who oversaw the case that saw Trump convicted of a felony with 34 counts.
More firings
Earlier this week, Texas A&M fired an instructor, the dean of the College of Arts and Sciences and the head of the English Deparment because of a complaint from a student that a class called "Literature for Children" was violating President Trump's executive order saying there are only two genders.
Republican politicians in the state, including the governor, accused the instructor of “blatantly indoctrinating students in gender ideology.”
The president of the college, Mark Welsh, said the class "did not meet expectations and that the description of the course did not match its content."
On Friday, Texas A&M announced that the president will also be stepping down. His last day was Friday.
“President Welsh is a man of honor who has led Texas A&M with selfless dedication,” the university system’s chancellor, Glenn Hegar, said in a statement. “At the same time, we agree that now is the right moment to make a change and to position Texas A&M for continued excellence in the years ahead.”
Ken Tingley spent more than four decades working in small community newspapers in upstate New York. Since retirement in 2020 he has written three books and is currently adapting his second book "The Last American Newspaper" into a play. He currently lives in Queensbury, N.Y.
😩 ... so many challenging news, Ken.
Asking board members directly affected by the proposed amendment to recuse themselves from voting is both logical and ethical. Will they? Kudos to the Ethics Board for putting forth a clear and direct resolution.
Looking ahead, we seem to have many smart and dedicated Democrats and Independents in this town, certainly among your readers. Let's come up with alternatives for these Board positions in future elections. There must be others like the late Harrison Freer, who was so highly respected as Ward 2 board member.
Thank you for keeping us informed, Ken.
Control of education, control of journalism, control of entertainment, control of justice and of monetary policy - it's all happening NOW. The Department of Defense has morphed into a Department of War. We are deporting "other," perverting religion, and fomenting fear. We are asked to "report" offenders - those who urge tolerance. We are awash in guns. I am weeping for America.