FOR IMMEDIATE RELEASE                                            April 11, 2007

CONTACT: DENNIS POWER                                            914-906-0270

WHITE PLAINS BOARD OF ETHICS DISMISSES COMPLAINT

AGAINST COUNCILMAN DENNIS J. POWER

Statement by Dennis Power, Member, White Plains Common Council

The White Plains Board of Ethics, after a thorough inquiry, has dismissed the complaint against me by Eleanor McDonald, Chair of the White Plains Conservative Party.  Her counterpart, the Republican Party Chair, made similar politically-based complaints to various agencies, as indicated in the Board’s lengthy report.

I am gratified that the Board dismissed the complaint, found no intentional or knowing violation of the White Plains Ethics Code, and that:

·        my “former position with the Office of Economic Development was not incompatible with [my] services as a member of the White Plains Common Council.”  (p. 19)

·        The two positions I held (the part-time position as Council member and my former county position) “did not, as a general matter, present a conflict under Section 2-5-109(g) of the White Plains Code” (which bars conflicts in private employment).” (p. 19)

·        My vote to waive a 30-day period to have the City object to a project that the County was considering did not create a knowing or intentional violation of the Code. (p. 20)

It is relevant that with respect to that vote, although the Board would have preferred that I disqualify myself, the Board also notes the full disclosure I made with respect to my participation. It is also important to note that the vote by the Council was unanimous and was based on the recommendation of the Law Department.

The Board of Ethics has also stated that “there does not appear to be a potential for future conflicts with respect to Common Council votes on General Municipal Law Section 923-a or other IDA-related matters.” (p. 21)

The Board reiterated that

nothing in Councilman Power’s past position warranted recusal from the City of White Plains’ budgetary process. In addition, at present, this Board is not aware of any conflicts, let alone “substantial and inevitable” conflicts, that could arise by virtue of Councilman Power’s employment by the Department of Environmental Facilities. (p. 21)

To the extent that the Board suggests that I seek an opinion when, in the future, any issues arise that might pose a conflict, I am pleased to accept the Board’s views, and I too am confident that in my present position with the County there does not appear to be a potential for future conflicts. 

At no time in my former position with the County did I believe there was a conflict, and my former supervisors made it clear to me that regardless of any position taken by the County on IDA-related matters, I was expected to be totally independent in my role as a member of the White Plains Common Council.

Once again, I am grateful that the Board has conducted a full inquiry and has exonerated me in the face of hostile and unfair allegations. I fully expect that the complainants will look for out-of-context words and clauses in the Board’s 23-page, single-spaced report to find material they can use in the next campaign just as they and their candidate did in my last campaign.

I thank the Board for its careful attention to the issues raised, and I hope the Board and the Common Council will work together to consider amendments to the existing Code that would give greater notice to public officials as to when disqualification is appropriate. Regrettably, a single word, such as “Conflicts” simply does not do much to provide such notice.

Moreover, for every advisory opinion issued by the State that warns of a conflict, there are others that permit participation by office holders who hold other government positions. So, those opinions cited by the Board are decidedly unhelpful in providing notice as to conflicts when the facts are totally different.  It would make far more sense for the White Plains Code of Ethics to offer clearer standards. 

One final note: The report of the Board stated that Ms. McDonald’s complaint alleged that I was advised by the County Attorney to seek an opinion from the White Plains Board of Ethics.  That allegation by Ms. McDonald was false. If the County Attorney had advised me to seek an additional opinion, I would surely have done so.