People have questioned the appropriateness of Calvin Lewis continuing as a alderman now that he, as assistant director of the Youth Department, is a City employee. When it was revealed on June 7, that the newly created position of assistant youth director was to be held by Lewis, Council president Tom DePietro said that, although there was no rule that would prohibit Lewis from continuing as an alderman, doing so "raises too many problems." One of those problems was that, on May 18, when apparently Lewis was already being considered for the job of assistant youth director, he cast the deciding vote on a $8,000 raise for his possible future boss, Liz Yorck. That vote was subsequently deemed invalid by "the City Legal Advisor." Lewis remains on the Council and has not, to Gossips' knowledge, withdrawn his bid for reelection in November.
It seems the question of appropriateness persists. Yesterday, Lewis published this statement on social media, deflecting responsibility for his actions and choices to city attorneys Cheryl Roberts and Jeff Baker.
Alderman Lewis' statement is entirely believable.
ReplyDeleteIf true, we should all reflect on the outsized and often incorrect advice of our numerous city attorneys.
And when our attorneys are proven wrong, who's keeping track? Who keeps score? How much are taxpayers charged for this terrible advice?
The issue is less about the legal advice and more about his lack of any kind of moral compass. He should not need legal advice in deciding whether is a conflict of interest to vote on a salary increase for his future boss. And this person is considered a suitable mentor for Hudson youth!
DeleteI don’t disagree. But considering how many enter public service to advance their own interests, is it such a surprise when these same individuals act on a convenient validation from on high?
DeleteI’m cynical enough to believe that most government officials would behave in the same way. I agree that they shouldn't need this advice, but human nature tells us otherwise.
And that brings us back to the type of legal advice they can expect.
The fact that nobody else commenting here lays any culpability whatsoever at the attorneys' door - that is, IF WHAT MR. LEWIS SAYS IS TRUE - is suggestive of a different sort of ethical failing.
It's not even improbable that among the most outraged we'd find the very type who'd think nothing of employing their own ethical or legal loopholes in other circumstances.
I never intended to make excuses for Mr. Lewis, but it's pretty clear that some people have already excused the city's attorneys. Now why is that?
I absolutely think the Hudson community its poorly served by this group of attorneys (especially Cheryl Roberts and Jeff Baker) who seem to function simply as enablers for city officials to act with impunity, or for the politically-connected to ram their initiatives through City agencies.
DeleteThat does not mean Mr Lewis gets off the hook. He either knew and did not care that he was doing something wrong (and if he asked the City attorney, he at least must have suspected) or he did not care enough to find out.
Community members should not have to be so vigilant for corruption in their elected officials that they need to constantly look over their shoulders to check their work, but alas, here we are.
How many other decisions made by Council members and City officials were 'cleared' by legal counsel with no moral center?
Mr. Kane, I agree whole-heartedly, with every word, though I'd add attorney Victoria Polidoro to your list as someone who serves the city so poorly that it's completely believable she's also on the payroll of applicants before our city boards. (I'm not alleging that she is, but short of her total and utter incompetence, it's the only remaining explanation.)
DeleteOther writers here have suggested refreshers in ethics for select city offices, but anyone serving in any official capacity would benefit. Few are aware that, in the last several years, ethics complaints were lodged against the Planning Board and the Conservation Advisory Council, both bodies having reformed their ways since then.
Nice try Mr. Lewis, but you are responsible for your own behavior. It's frankly unbelievable to me (or, I suppose, any sentient adult) that a sentient adult would attempt to deflect that sentient adult's obligations as a citizen to follow the law on to a third-party who is not the deflector's attorney. Mr. Lewis's statement makes a number of bald-faced assertions that are unsubstantiated, such as what 3rd parties knew and when. This is all legal analysis.
ReplyDeleteHere's some common sense analysis: I call bullshit. All the use of qualifiers is mind numbing. And, the nail in Mr. Lewis's argument, is the "at the time, I was not an official employee . . .." What nonsense. Voting yourself a raise before you take the job "officially" is still padding your own pocket, Alderman.
To be clear, Lewis did not vote on a raise for himself but rather for the person he presumably hoped would be his future boss.
DeleteJohn's key points are still valid. The most telling statement by Lewis is "the legality of council members' activity is the responsibility of council attorney" -- wrong. We are responsible for our own actions. I am not even sure if this is a legal issue, but it is certainly an ethical issue. His attitude seems to be that if something is not illegal or if he can get away with it, then it's ok. So wrong on so many levels. He should not be working with children.
DeleteThe New York State Comptroller publishes an excellent brochure for municipal officers and employees on conflict of interest. Is this provided to Hudson official/employees? If not it should be. See brochure here:https://www.osc.state.ny.us/files/local-government/publications/pdf/conflictinterest.pdf
DeleteThanks Bob for posting this. It would seem that not only is Mr. Lewis in violation, but many members of the Tourism Board which he chairs are also out of compliance with the Comptroller's requirements. Has OSC been notified? Will the Tourism Board also blame the City Attorneys?
Deletethe tourism board definitely needs to be investigated. The corruption in these 2 sq miles reeks to high heaven
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DeleteHow exactly can the OSC be notified of the Tourism Board's violations?
DeleteYou can call their office or write to them directly. The contact information should be included in the link Bob Rasner provided.
DeleteThe CC should be required to undergo mandatory annual training on this issue. It should also be routine to ask members of they have any conflicts prior to voting on resolutions before the cc. This could be done at the beginning of the meeting. Anyone failing to disclose conflicts that subsequently emerge should be held accountable. Similar training should be required for the Mayor and Treasurer. I know who would not object -- the people/person who does not actually need the training. There appears to be a lot of self dealing going on in the current administration.
ReplyDeleteWhen I became first ward alder in Jan 2020, I took a NYCOM (NYS Council of Mayors and Municipal Officials) one-day seminar covering ethics, finance, procedure, NYS municipal law - a quick "how to" tutorial. The City paid the fee at my request. The organizers they indicated NYCOM would be willing to come to us for group training. Now that we are all accustomed to online meetings, surely something can be arranged.
ReplyDeleteI've recommended to President De Pietro that this kind of training be required of all alders in the next cycle. At the very least I'll be able to pas along the binder
Completely agree Jane, and commend your having sought out the course of your own initiative.
DeleteAt this point, it doesn't seem feasible for Mr. Lewis to continue in his role as alderman. Unfortunately, even if he resigns, the committee to fill a vacancy on his candidacy consists of Emily Chameides, Kamal Johnson, and Kate Treacy, which shouldn't fill anyone with too much confidence in his replacement on the November ballot.
ReplyDeleteIt might be best for the Hudson community if someone decided to run as a write-in for Mr. Lewis's seat.
And still, it seems that nobody is concerned in the least about the infeasibility of maintaining incompetent and/or corrupt city attorneys for whom errors of judgement are just another day at the office. Does poor judgement ever catch up with them? What in the world is wrong with my fellow taxpayers to endure such miscreants in silence?
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