Ethics Complaint Filed Against David Blumenthal of the New Rochelle Board of Ethics
Ethics Board member engaged in ex-parte discussions with Bramson cut-outs
NEW ROCHELLE, NY (June 24, 2022) -- I have filed an ethics complaint against David Blumenthal of the New Rochelle Board of Ethics.
The text of the complaint follows.
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Dear Chairman Phipps,
In the course of my reporting on the City of New Rochelle, it has come to my attention that a member of the New Rochelle Board of Ethics may have engaged in ex-parte discussions, or otherwise breached confidentiality, during the recently completed investigation into my now sustained allegations of City Charter violations by New Rochelle Mayor Noam Bramson, misdemeanors under Article 18 of General Municipal Law.
To wit, David Blumenthal, engaged in ex-parte discussions, or otherwise breached confidentiality, by sharing information about the confidential work of the New Rochelle Board of Ethics directly or indirectly, with New Rochelle Mayor Noam Bramson and/or persons acting on his behalf.
The New Rochelle Board of Ethics is compromised of three members: Chairman Charles Phipps, City Clerk Michelle Oliveros and David Blumenthal. A quorum requires two members. Adopting any course of action requires two votes.
Oliveros recused herself from the Bramson investigation leaving only two members. As a result, either Phipps or Blumenthal was in a position to deny a quorum or block any action of the board.
David Blumenthal, in his capacity as an agent for New Rochelle Mayor Noam Bramson, stymied the release of the Advisory Opinion for many weeks by refusing to sign off on the opinion. He comprised the work of the committee by behaving in an unprofessional, unreasonable manner: agreeing to language in the report one day then demanding new language the next, repeatedly refusing to sign versions of the report he had previously agreed to sign and insisting on conclusions be added to the report unrelated to the subject of my ethics complaint and inserting language favorable to Noam Bramson into the report.
The New Rochelle Board of Ethics requested the City of New Rochelle hire outside counsel to assist the New Rochelle Board of Ethics in responding to an ethics complaint I filed on March, 21, 2022. Peter A. Meisels, partner at Wilson Elser Moskowitz Edelman & Dicker LLP, was hired, and worked with the New Rochelle Board of Ethics to take testimony from witnesses, gather documents, draft versions of a report. Ultimately, he delivered an Advisory Opinion on behalf of the New Rochelle Board of Ethics to City Manager Charles B. Strome III, on June 16, 2022.
Under New York State law, when an attorney and client establish a privileged relationship, the communications made pursuant to that relationship are confidential.
The work of the New Rochelle Board of Ethics on my ethics complaint is required to be confidential, and thereby not subject to the Freedom of Information Law and Open Meeting Law based on a claim of attorney-client privilege.
Upon reason and belief, David Blumenthal breached the attorney-client relationship invoked under §4503 of the Civil Practice Law and Rules and the relevant sections of the New York State Public Officers Law Article 6 §87 (access to agency records) and New York State Public Officers Law Article 7 §108 (exemptions/executive session) and/or any other applicable law, or policy, or aspect with respect to confidentiality or the lawful, ethical conduct of a member of a board of ethics.
The concern is that if, as alleged, David Blumenthal engaged in ex-parte discussions, or otherwise breached confidentiality, during the recently completed investigation of City Charter violations by New Rochelle Mayor Noam Bramson then Mayor Bramson was, to a large extent, the architect of an Advisory Opinion on his own unethical conduct through the ministrations of David Blumenthal. This, in turn, brings into question any aspect of the report associated with David Blumenthal, including conclusions inserted to the report at his insistence. It also raises questions as to whether Blumenthal provided Bramson confidential work product of the ethics board including, but not exclusively, confidential transcripts of witness testimony.
Your attention to this matter is greatly appreciated.
Robert Cox
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RELATED:
Mayor of New Rochelle Referred to Westchester District Attorney for Public Corruption - handoff to the DA.
GUILTY: New Rochelle Ethics Board Finds Mayor Noam Bramson Violated the City Charter, a Misdemeanor - a summary of the findings in the report.
New Rochelle Ethics Board Report on Mayor Noam Bramson ($) - the full report.
Ethics Board Report on New Rochelle Mayor Noam Bramson is Complete - the history of the case.
