YONKERS, NY -- The Yonkers Board of Ethics has been served with a subpoena. In the absence of the Judge Joseph Nocca, who heads the Board of Ethics, Yonkers Corporation Counsel received the document. No information about what was requested by the subpoena had initially been garnered.
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Ethics forms are surmised to be requests for financial
disclosure(s), yet the uncertainty at the beginning of the day was whose records had been
requested? Ascertaining whose financial disclosure forms had been
requested may narrow the the focus of scrutiny.
Frank Rubino, Corporation Counsel, has been ill for approximately two weeks, yet Joe Madden, Deputy Corporation Counsel was in; he was engaged in a telephone conversation, when Yonkers Tribune called. Mr. Madden stressed non-chalantly that the City of Yonkers was not served with a subpoena, but rather the Yonkers Board of Ethics. Yonkers Corporation Counsel represents the Yonkers Board of Ethics. Mr. Madden is not permitted to speak for his client unless directed to do so.
Yonkers Tribune contacted the Honorable Joseph Nocca who advised that he is presently in Florida. When apprised that the Board of Ethics was served with a subpoena today, he said that he was aware of that fact and that he consulted legal counsel. He pointed out that he has no access to any law books in Florida. Based on his recollection of the law, and the advisement by hearsay from legal counsel, Judge Nocca believes there is no proviso in the Yonkers Code of Ethics that mandates not disclosing the inquiry requested by the subpoena. Further, the Judge believes, again, Yonkers Tribune stresses without the ability to refer to law books, that there is no rationale to preclude this information from being made public.
Judge Nocca advised that the subpoena requested financial disclosures of the Yonkers Republican City Committee Chairman Zehy Jereis.
The Honorable Nocca pointed out that the newly enacted Yonkers Code of Ethics permitted jurisdiction over two categories of personnel; either city employees, or city officials. Mr. Jereis is nether a city employee nor a city official. That being the case, Judge Nocca believes that there may be little information that the Yonkers Board of Ethics may have purview that will satisfy the request of the the subpoena.
Search of the protocol set by the Code of Ethics prior to the newly revised and adopted Code of Ethics states in Article 2, Subsection 7-9. "An officer, political party official or candidate who has a direct or indirect financial interest or other private interest in any legislation and who participates in discussion before or gives official opinion to the Council or other city agency or the Mayor shall publicly disclose on the official record the nature and extent of such interest."
Not being a lawyer, I cannot discern whether the language incorporated in the above sub-section demands financial disclosure of the Yonkers Republican City Committee. This may be the point over which future argument may be made.
P.S> Yes, the grammar and flow was erratic. The unveiling of the circumstances were so important, that I spent too little time on the writing. I believe that all is in order now. Thank you for the critique; it is welcome and respected. Kindly, Hezi
