Clarkstown residents asked at Tuesday’s town board meeting for an overhaul of the town’s Ethics Code following the surreptitious videotaping and recording by one town employee of another town employee, elected official and political official.
During a public hearing on revisions to parts of the town code, New City resident Tom Nimick asked if the council had considered taking action because of recent activities that possibly violated the code by bringing them before the town’s Board of Ethics. Nimick referred to Highway Department Constituent Services Representative Frank Sparaco’s recorded conversations with Highway Department Fleet Manager Dennis Malone and Councilman Frank Borelli, which Sparaco claimed included attempts to bribe and threaten him.
Sparaco accused Malone and Borelli and an attorney for the county’s Democratic Committee of political corruption in order to gain political advantages for Malone who is running for Clarkstown Highway Superintendent against Sparaco’s boss, current Highway Superintendent Wayne Ballard.
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“The events surrounding meetings between Mr. Sparaco, Mr. Borelli and Mr. Malone clearly fall outside of standard ethics defined in our town code,” said Nimick.
Deputy Town Attorney Jeffrey Millman said no allegation of misconduct that Clarkstown’s Code of Ethics had been violated was filed with the Board of Ethics.
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“To date nothing has been brought,” said Millman, who noted town board members as well as individuals could file complaints.
Nimick specified sections of the code he believed had been violated.
“Mr. Borelli needs to be investigated for violation of Section 18-5,” Nimick insisted. “The trading of influence for benefits is explicitly mentioned the Code of Ethics. Mr. Malone needs to be investigated on the same account.”
Nimick charged Sparaco also violated Section 18-5 as well as Section 18-11, which reads “Any person who induces any elected official, covered employee or Town employee to take action or refrain from taking any action, which is in violation of this chapter, shall be guilty of a Class A misdemeanor as that term is defined in the New York State Penal Law and shall be barred from doing business with the town for a period of five years from the date of conviction.”
Nimick said, “The Code is clear. Mr. Sparaco has provided the means for his own removal from Town employment and for his being barred from doing any business with the Town for five years.”
The three members of the board present at the meeting, Borelli, Supervisor Alex Gromack and Councilwoman Stephanie Hausner did not comment on Nimick's remarks.
The two amendments he proposed would prohibit recorded conversations by elected officials, covered and town employees without the consent of all parties. The other amendment revives an idea originally suggested in 1989 when the current code was adopted. It would prevent covered or town employees from also serving as an officer or representative of a political party. If adopted, the amendment would allow employees holding the two positions up to six months to comply.
Several members of the audience indicated they would consider filing complaints with the Board of Ethics.
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