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GREENBURGH, N.Y. — A local Obama campaign group has been using Greenburgh Town Hall as its meeting place for phone banks since August, which could constitute ethical issues for the town.
Town Supervisor Paul Feiner received several complaints from Republican activists Wednesday claiming that the group White Plains for Obama's use of municipal property for political soliciting violates both legal and ethical laws.
Since all Greenburgh Town Board members are Democrats, supporting Democratic presidential candidate Barack Obama's campaign could be viewed as a benefit for them, activists claimed.
According to the Greenburgh Code of Ethics, public officers shall not allow the use of town-owned property for personal use or the use or benefit of others, "except when such services are available to the public generally or are specifically provided by the Town Board for the use of such public officer, employee or agency member in the conduct of official business."
First Deputy Town Attorney David Fried, upon consultation with the state comptroller, said that a town may lease its property to private parties if it does so "in a reasonable and nondiscriminatory manner" and "only for fair consideration."
Town Attorney Tim Lewis said his research also indicated that a municipality may allow political parties to use its property, "provided that use is nondiscriminatory."
Feiner said he plans to allow White Plains for Obama to continue using the facility, but is still awaiting opinions on the matter from the Board of Ethics and the state Board of Elections.
"We don't want to create the impression that we're, as a town, promoting or opposing any political parties," Feiner said. "If the state Board of Elections says this is something we shouldn't do, we won't do it."
The town has not received payment from White Plains for Obama for any of its meetings, but Feiner now plans to begin charging the group $100 each session so that it fits with the attorneys' and comptroller's recommendations for leasing.
Multiple calls and an email to county Republican Chairman Doug Colety were not returned. Linda Bryant, co-chair of White Plains for Obama, also did not respond to phone calls.
Check back with The Greenburgh Daily Voice for further updates on this issue.
Comments (11)
Mr. Feiner,
As a tax payer I would like you to cease to allow public (tax payer paid) buildings for partisan political use, as stated in Ethics Code 570-7 A(3)
"(3) No Public Officer, Employee or Agency Member shall, directly or indirectly, solicit or accept any contribution of money, services or thing of value for any political party, campaign committee or any Candidate for Public Office from any person or Legal Entity, or any Affiliates thereof, having a Contract with the Town"
As if he has no idea what the law states! Plays dumb every time he gets caught and spins it " I thought it would promote activism" .
Feiner as salesman?
Or is he projecting that Town finances for the 2013 Budget year are so bad that he is "inviting" the Republican Party to rent Town Hall. That Greenburgh is an equal opportunity landlord? Is this more of the Republicans are big business types and they can afford to spend $100 a pop to rent Town Hall for a few hours?
Yes, Feiner is avoiding the issue and he is, if not covering for himself, covering for others. Who in Town Hall knew of this (going on for 8 weeks) and who allowed it? I predict a forthcoming Ethics Board complaint although the Ethics Board (appointed by Feiner) has a history of doing nothing. Even going along with the Town Board's retroactively (3 years after the incident) eliminating an Ethics Code violation by passing a Resolution which neutralized the violation.
Here we have Feiner furiously back pedaling (famous cyclist he is) and getting himself deeper in the manure. He cannot alone rent Town Hall, nor can Tim Lewis or Judith Beville. Best he do is have the Town Board vote to do so -- again retroactively. This is what passes as good government in Greenburgh where the Town prints as many get out jail free cards as it does certificates of appreciation.
But what about those Dems? Is this the picture of themselves that they seek to present to the Community. Anyone out there being asked to contribute to the Party and Obama's campaign happy to see how the campaign funds are being disbursed?
Anyone happy to see the Co-Chair being extorted to pay hush money to cover the Town's paid employees rear ends? Anyone happy to see the Party willing to participate in a scam; one that was never agreed to at the time of occupancy?
Is the Democratic Party desirous of now being known as the Party of Recidivism in which if it doesn't work out, we'll rewrite history to sanitize it? Whereas I am proud to be a Democrat re national policy, I am ashamed that the Party of my choice's local representatives are so dishonorable. The surprising thing is that the Town Board is well known for their cupidity; the Greenburgh Democratic is known only for their interest in electing local judges and needs GPS to find Town Hall (other than when they host their conventions at Town Hall, gratis) but to see that perfidy on behalf of Feiner has reached the County level is vexing to say the least.
But most of all and lacking explanation is why the Dems, needing to work their personal cell phones, chose Town Hall. And likely this would lead to divulging their host.
Hal Samis
Complete madness. Reminds me of the Obama Inauguration party he organized at TDYCC complete with bus service from GC7 schools,food, all free of charge, until he was called out on it. It's times like these that I'm embarrassed to be a Dem in Greenburgh.
I sent a letter to the Greenburgh GOP last night...and some Republican party leaders around the county inviting them to do the same thing as the Obama people are doing. Will be sending a letter to the chair of the Westchester County republican committee advising them of our policy and inviting the county GOP to take advantage of it. We must treat all parties equal as a town government.
As usual, Paul Feiner is skirting around the issue. It's not a matter of allowing the use of Town Hall phones and resources to either Democrats or Republicans, it's about soaking the taxpayers. We shouldn't be paying for election solicitations of any kind. Generally these groups look to private/corporate donations of office/phone space and/or union halls. He's looking for a nod from the democrates come next year, at our expense! Once again a corrupt move on his part, what a surprise!
I have also contacted the local Republican committee leadership and invited them to also use Town Hall. Will reach out to the chair of the Republican committee as well.
And another thing(s). Feiner's "5:38" email no doubt followed a phone call from Daily Voice reporter Samantha Kramer for verification of the story. However because he is sloppy when pressed, I don't think if he was charged with bringing the news from Aix to Ghent and then on to the Romney Campaign that he would do so by sending an email to the Obama Campaign Co-chair expecting her to spread the word to all others, Republicans included, or anyone else eager to take Feiner up on his offer.
And what does this mean?
""We don't want to create the impression that we're, as a town, promoting or opposing any political parties," Feiner said. "If the State Board of Elections says this is something we shouldn't do, we won't do it."
And what if the State Board of Elections says it's ok?
Then as a Town Greenburgh can promote or oppose any political parties?
Don't bet your bippy.
From: Paul Feiner
Sent: Wednesday, October 03, 2012 5:38 PM
To: dorothy jackson; Judith A. Beville; Town Board; Timothy Lewis; David Fried
Subject: rent for obama calls--confirming telephone conversation
To: Dorothy Jackson, co-chair Obama campaign (White Plains)
Dear Dorothy:
Please be advised that I spoke with the Town Attorney, Tim Lewis and Judith Beville, Town Clerk about the phone calls that have been made on behalf of the Obama campaign at Greenburgh Town hall. I understand that all calls are being made from personal cell phones that volunteers bring to the cafeteria . The town attorney has contacted the Association of Towns and did some research. We have been advised that the presence of your volunteers is not illegal provided you pay rent. The Town Attorney contacted the State Board of Elections but has not received a response.
I understand that you have been using Town Hall facilities from 6:30 PM to 8:30 PM on Tuesdays during the months of August, September only. This is to confirm the rental agreement of $100 per meeting date. Total amount requested: $900 which includes your next scheduled date. Please provide the Town Clerk with a check payable to the Town of Greenburgh by tomorrow afternoon.
Please be advised that if the Romney campaign or any other political campaign or advocacy group wishes to use Town Hall for similar purposes they would be provided with the same opportunities and be required to pay the same rent.
PAUL FEINER
Greenburgh Town Supervisor
LOL! Feiner knew nothing about it yet has set a rental fee of $100 on his own accord (after being caught with his fly open). Maybe he believes (the new math) that non-voting employees Lewis + Beville supersede or equal Sheehan + Juettner + Jones + Morgan equipped with voting power.
Maybe when everyone was focused on Iagallo's deal to buy the Town Hall building, we should have looked more carefully to see whose name appeared on the title report as owner. Even so I doubt that the fee owner really is Paul Feiner but he acts like the building belongs to him.
More laughs because Feiner never thinks before he responds or maybe he is smart thinking that few will doubt whatever he bellows. It his now his understanding that the cafeteria was used only Tuesday evenings in August and September (ok 8 tuesdays = $800) and yet $900 is for one night that hasn't occurred yet or perhaps did; ergo Tuesday in October. Meanwhile, readers are to assume that these Dems being the proud owners of cell phones had nowhere else to place calls other than the Town Hall cafeteria and that this being such a hot spot in demand (yes Town Hall is wired) that they found it useful in just August and September but have no need for it during October or when the presidential race really heats up.
But you have to hand it to Feiner; he didn't know about what was going on under his roof yet he has the rent bill ready for immediate payment only after the fact and demands payment by tomorrow. Or? Tough guy: not to be toyed with so I shouldn't de doubting that the Dems have agreed to pay even being billed on short notice etc.
Move over Mayor Bloomberg et al. Meet Paul Feiner who knows how to problem solve. Anyone playing "Occupy Greenburgh" on Feiner's turf is in for a rough time. Or so he says.
Perhaps with the newish technology that allows you to send a picture of the check to your bank, Feiner could send a picture of the check to The Daily Voice for publication herein (checking account number being redacted is fine by me).
And learn a lesson from this, bank robbers. If you get caught in the act, always keep a filled-out deposit slip and the deposit on your person. That way you can always say that there's been a mistake; you were only in the bank to make a deposit. Learn from Feiner; no one can spin a tall tale better than him.
And they used to call Nixon 'tricky dicky".
Consider this: Ethics Code 570-7 A(3)
"(3) No Public Officer, Employee or Agency Member shall, directly or indirectly, solicit or accept any contribution of money, services or thing of value for any political party, campaign committee or any Candidate for Public Office from any person or Legal Entity, or any Affiliates thereof, having a Contract with the Town"
Since the members of the Town Board are public officers and receive campaign support from the Democratic Party (indeed they beseech their fellow Democrats at pre-Primary Party meetings) for such support; this assistance taking the form of free labor (signature collecting, passing out flyers), moral support, and often financial funding (campaign contributions from the Party) together translate in my book as money, services and thing of value as cited above. Even if this were considered "indirectly".
Do the Democrats (I admit to being a registered Democrat) pay for this space in Town Hall and use of its accompanying utilities, janitorial services? If so, then when did the Town Board pass a Resolition permitting this? When was it publicly discussed with the Public allowed to comment such as was the case when the Credit Union lease was initiated. And what if the Credit Union wanted to post Romney posters it its windows? But if the use of the space is not considered a lease, hence contract, then it is a freebie and the Town Board has not solicited but ACCEPTED a thing of value by allowing the Democrats to use such space for nothing. Just like the Credit Union pays rent which customarily can be assigned a price per square foots by dividing the rent by the square feet. So, similarly the Democrats should be paying for their occupied space. Or alternatively, the Town Board has SOLICITED a contribution bearing the form of "payment in kind" for their re-election campaign goods and services to be tendered in the near future (2013).
Look at it another way. Had the Town's three Democrat Judges and also Public Officers (in advance, they wouldn't) made a similar deal (even were space permitting) with the Party officials, the reaction would be front page news everywhere. Even the Town Attorney, Tim Lewis (Democrat) would not need to consult elsewhere to arrive at the obvious conclusion.
Town Hall is rotten through and through. That should't be front page news to anyone except, back to earth, this is Greenburgh USA.
Hal Samis