Ogdensburg council argues over access to documents in rent-free probe

OGDENSBURG — City Council members engaged in a heated discussion Monday over whether its members could independently review documents concerning the investigation into 819 Knox St., a city-owned property in which a family lived rent-free for three years.

“I told city staff to let us see the documents under review,” said Mayor William D. Nelson, “but it is actually under the city manager’s purview to do so.”

Mr. Nelson said that since City Manager Arthur J. Sciorra’s conduct is under review as part of the investigation, it would be inappropriate for Mr. Sciorra decide whether the council could review the hundreds of documents it has requested.

Other council members pointed out that the mayor lacks the authority to instruct city staff, according to the city charter.

“The charter is the rule of law,” said Councilor Nicholas J. Vaugh. “Mr. Mayor, you did not follow the charter.”

Mr. Nelson defended his decision.

“We didn’t have a council meeting, but we had to get this thing rolling,” said Mr. Nelson. “I had to make a decision, and I’d do it again if it came down to it. I was in violation of the charter, but someone needed to take charge.”

Mr. Vaugh also said that council members risked complicating the review by City Attorney Andrew W. Silver by conducting their own personal inquiries into the documents.

“We did not authorize the entire council to look at the documents. We authorized the city attorney,” said Mr. Vaugh. “I think it obstructs the investigation.”

Mr. Vaugh said that each council member might bring their own perspective of events to the discussion, which would make it difficult to reach a conclusion as a body.

“When the city manager makes his report to us, it isn’t just going to be facts,” said Michael D. Morley, deputy mayor. “It will be his opinion based on the facts. I want to see the facts also. I’m the one who has to make a final decision.”

Mr. Silver said the council could decide either way on the documents, but he would be factual in his report.

“The report I give you will be a recitation of the facts I’ve learned,” said Mr. Sliver. “Ultimately, however, this is an issue for the council to decide.”

Mr. Vaugh still maintained that allowing the council access to the investigation could poison the end result, but others disagreed.

“I don’t have any qualms about whether the City Council investigates the documents,” said council member Daniel E. Skamperle. “We need to be careful. Almost everybody in City Hall has had their fingers in this issue, and we need to avoid getting into a witch hunt.”

Mr. Morley had already visited the city clerk’s office to look through the paperwork.

“I have to deal with the 12,000 people in this town,” said Mr. Morley. “They want an answer, and I don’t see any reason we can’t read these.”

“We charged the city attorney, not three councillors, to investigate this situation,” Mr. Vaugh said.

This provoked an angry response from Mr. Morley.

“What are you so afraid of? You must be trying to hide something,” he said.

In order to rectify the situation, the members present voted to allow council members to conduct their own review of the 819 Knox St. documents. Members Douglas G. Sholette, R. Storm Cilley and Michael B. Powers were absent.

“We simply had to take a vote as a body to secure the information,” said Mr. Skamperle. “Whatever we’re going to do in this investigation, we have to do it as a body and not as one person.”