Town Board gags outspoken critic

By: Kristin Shaw IndeNews April 1 , 2005

SCHODACK--Town Board members have threatened to remove a member of the Zoning Board of Appeals if she continues to speak out in public on town issues.

       Elizabeth Gable, who was appointed to the ZBA in January 2003 and whose term ends December 31, 2007, said she will challenge the Town Board if it commences action to have her removed from the ZBA.
       A letter to Mrs. Gable dated February 16 and signed by town Supervisor Beth Knauf Secor and the three members of the Town Board, said the board has "determined that your various presentations at Town Board and Planning Board meetings concerning identified projects, proposed rezoning and/or development of various properties within the town, and statements published in The Independent, constitute a prohibited conflict of interest and violate the Schodack Code of Ethics."
       Ms. Gable writes a column for this newspaper called Down the Pike. Her comments at public meetings have been reported in the paper.
       The Town Board letter concluded that "any future such presentations will result in an action of the Town Board to remove you from the Schodack Zoning Board of Appeals."
       "This is purely political," said Mr. Gable. "I have no conflict of interest that meets any real definition of a conflict of interest, a financial gain or loss, on any issues I have spoken about. If they attempt to remove me from the ZBA for what I believe are purely political reasons, I absolutely will challenge them. I very much want to keep my seat and will act accordingly."
       While the Town Board cited some opinions handed down by the state attorney general regarding conflicts of interest, Katherine Daniels, senior planner at the New York Planning Federation in Troy, said, "I think it's a dangerous precedent to not allow public officials to express their opinions. That should be part of their job."
       Ms. Daniels said she has never heard of an ethics law that would silence a ZBA member from speaking on any issue and believes that community residents rely on the ZBA to share their hopes, concerns and whatever wisdom they have.
       "There is nothing improper or unethical for a planner or ZBA member expressing a point of view," she said.
       The section in the town's Code of Ethics cited in the letter says that each town employee "shall endeavor to pursue a course of conduct which will not raise suspicion among the public that he is likely to be engaged in acts that are in violation of his trust."
       "This is precisely why I've spoken out," said Mrs. Gable. "The residents' trust has been obliterated by the Town Board. I've seen neighborhood after neighborhood on a town-wide basis run roughshod over by this Town Board and I have no intention of giving up my right to free speech.
       "During my oath of office, I swore to uphold the Constitution of the United States and New York State and I believe I am doing that by speaking out on behalf of the residents of this town."
       According to the Town Board, New York State courts have "consistently held that opposition to a specifically identified proposed project or rezoning disqualifies that individual from acting as a member of a Zoning Board of Appeals with respect to pending applications for development within the affected area."
       In addition, they said opinions of the State Attorney General find that such opposition creates "an appearance of partiality and bias that disqualifies the individual from considering the matter as a member of the ZBA."
       The Town Board cited a 1993 opinion of the state attorney general that states, "Rather than considering the merit of the application during deliberations of the board, this individual would have already expressed a view or decided to oppose the project. Under these circumstances, an appearance would prevail that the proceedings were biased."
       A 1984 opinion referred to in the letter states, "Public officials are obligated to avoid circumstances which compromise their ability to make impartial judgments solely in the public interest. Even the appearance of impropriety should be avoided in order to maintain public confidence in government."
       Decisions of the zoning board of appeals taken despite such conflict of interest have been invalidated by court decisions, according to the Town Board letter, which advises Mrs. Gable she is precluded from taking part in the proceedings of the ZBA on projects within the newly rezoned Highway Commercial zone located south of Kingman Road on Route 9, within the newly rezoned Local Business zone located along Route 150, within the area off Reno Road, which is identified as Red Oaks and within the area formerly known as the Northeast Truck Stop.
       "I feel my position on the board at this point is in the minority," said Mrs. Gable. "There are issues which need to be raised that won't be if I'm kicked off the board. There needs to be public discussion on these issues. Over and over, I've seen the concerns of neighborhoods overlooked."
       She pointed to a number of public hearings held over the past several months during which residents were vehemently opposed to the rezoning of the Route 9 area, the construction of a sewer system in Schodack Landing, and the rezoning of land on Route 150.
       "In my opinion, these public hearings are held merely to meet the legal requirements for a public hearing," she said. "In the case of Schodack Landing, the Town Board had already voted to approve the project. It is very clear from the way the board has voted, that these issues are already a done deal. Residents comments aren't even considered."
       Mrs. Gable said that as a member of the ZBA, she receives publications from various planning agencies that zero in on financial aspects as reasons for a conflict of interest, not just opinions on different projects.
       "As long as an individual can decide the case on the merits of the law, there is no conflict of interest," she said.
       She noted that none of the projects to which the Town Board referred have come before the ZBA and she doesn't know that they will.
       As an example, Mrs. Gable said ZBA Chairman Anthony Maier, despite advice from then-ZBA attorney Terese Wolf-Burke, met two years ago with three representatives from Crown Enterprises, which wants to build a truck terminal off Route 9 near Kingman Road.
       Mr. Maier wants to sell property to the business, said Mrs. Gable, therefore creating a real conflict of interest.
       Mrs. Gable said she requested information from the town as to whether Mr. Maier received a letter stating he could not vote on the issue, but after a check of all departments, was told there was not such correspondence. Mrs. Gable said Mr. Maier should be removed from any discussion about the Crown project.
       Town Clerk Donna Conlin, one of five members of the town's Ethics Committee said the committee was recently asked to convene, but she could not say who or what was talked about. She did say the committee will report back to the Town Board with their findings.
       A spokesperson from the state Department of State who was asked if there was any way to interpret the law to silence a board member said the department "can't offer an opinion on this."
       Supervisor Beth Secor declined to comment further on the letter from the Town board, stating the issue is a personnel matter. The supervisor did say statements in The Independent which identified Mrs. Gable as former Chairwoman of the ZBA were "problematic because of the nature of that board."
       Mrs. Gable said she has never identified herself at public meetings as former chair or even a member of the ZBA and cannot control what is written in the newspaper.

©The Independent 2005

AREA NEWSPAPER
CONTACT INFORMATION

ULSTER/ DUTCHESS

Poughkeepsie Journal
PO Box 1231
Poughkeepsie, NY 12602
(845) 454-2000
For an on line letter to the editor. Fill out this form

ULSTER COUNTY

Saugerties Times
Monday deadline
P.O.Box
Phone:334- 8200
FAX your letter 334-8202
saugertiestimes@ulsterpublishing
(Attention Erica Freudenberger, editor)
P.O.Box 3329
Kingston, NY 12402

Albany Times Union
Times Union
90 State Street
Albany, NY 12207
(518) 454-5091
For an on line letter to the editor. Fill out this form

COLUMBIA COUNTY
The Independent
Indenews (online)

P.O. Box 360
Hillsdale, NY 12529
Phone (518) 325-4400
FAX (518) 325-4497
Parry Teasdale, editor

letters to editor require form through website

***NOTE: Our websites make an effort to glean info for our readers from local papers. This is no way a substitute for subscribing or picking up a local paper. We gratefully acknowledge the efforts local newspapers and publications make to our community.