In government, real debate is perception versus reality
DAN MEYER Political Columnist
With Buffalo's retired public works commissioner pleading guilty last week to criminal charges that he accepted trips from companies that had contracts with the city, the issue of ethics in local government is on the minds of many folks in Western New York.

Apparently, the practice of accepting weekend getaways to Florida, Las Vegas and other exotic destinations has been going on for several years, and it sounds like there may be more former city officials under investigation.

While there are no allegations that the trips Joseph Giambra took influenced any decision he made when he served as the public works chief, the real debate involving this ethics issue is all about perception versus reality.

So while Giambra's eight trips taken between 2003 and 2005 made headlines and provided plenty of fodder for discussions inside taverns, hair salons and grocery stores, it's a recent meeting that was hosted by Town of Orchard Park Councilwoman Deborah Yeomans that discussed the town's Board of Ethics that serves as the basis for an analysis of the different ways you can look at the philosophy of ethics at the town, village and even school board level of day-to-day government operations.

Some recent appointments in Orchard Park involving the town's Planning Board and Zoning Board of Appeals that were decided upon based on a pure political party line vote were the icing on the cake for Yeomans, who believes that the appearance of impropriety is clearly visible to many of the taxpayers she represents.

"People are crying for ethics reform," Yeomans said in one published report prior to her meeting on ethics held in the basement of Orchard Park Town Hall. Yeomans said it was during her door-to-door campaign last year when ethics became a hot topic. It was brought up by a number of different people as Yeomans tried to gauge what people wanted to see change and what they thought about the public officials representing them.

Yeomans and Town Supervisor Mary Travers Murphy have contended that the town's Board of Ethics made recommendations last year that stated someone who holds an office with a political party should not be able to also hold a compensated position with the town. Examples of this alleged conflict of interest include Orchard Park's planning coordinator, who is also chairman of the town's Conservative Party.

Yeomans and Travers Murphy admit that there's nothing illegal or immoral about someone being active politically while also serving the town in another capacity, but the duo does worry about public perception when talking about the head of a local political party also holding what amounts to a part-time job with the town.

The Republican majority of the Orchard Park Town Board, specifically Councilman David Kaczor, disagrees, saying there is no impropriety in the town and they see no cause for concern when talking about prominent political people holding compensated positions.

Kaczor believes each specific individual should be judged based on his or her job performance and that any potential conflict of interest should be weighed prior to anyone being appointed to a paid position.

Yeomans disagrees, saying members of the Planning Board and Zoning Board of Appeals establish and enforce townwide policies and procedures and wield what she identifies as "a tremendous amount of power."

It remains to be seen what will happen in Orchard Park, but a tip of the hat is in order for Yeomans having the courage to ask the questions her constituents want answered in hopes of getting a clear and concise response to the town's ethics code.

Which brings us back to Joe Giambra, not to be confused with Joel Giambra, although the whole topic of ethics and potential conflicts of interest has been associated with Erie County's executive in the past.

Perhaps it was Joe Giambra's attorney, speaking last week outside court just moments after his client pleaded guilty to three misdemeanor charges, who summed it up best.

"The impropriety is in the appearance," said Rodney Personius. "It looks bad for a public employee to accept these trips, because it looks as though your actions are being influenced."

Gee, ya think?

(Daniel Meyer is a columnist for the Weekly Independent Newspapers of Western New York. Opinions expressed here are those of the author.)