Mayor Smith submitting ethics complaint against Councilman Olney

Sep. 11—WATERTOWN — Mayor Jeffrey M. Smith plans to file an ethics complaint against Councilman Cliff G. Olney for violating the confidentiality of executive sessions of the City Council, the mayor said Monday.

Mayor Smith said Monday afternoon that he will submit a complaint to the city ethics board that accuses Olney of violating the confidentiality of closed-door meetings on multiple occasions in regards to the city purchasing the former Watertown Golf Club for $3.4 million and as the city has discussed which firm to hire for legal representation.

Anything discussed in executive session is not supposed to become public, he argues.

The mayor learned of confidentiality violations after sending "letters of inquiries" to Michael E. Lundy, the former owner of the Watertown Golf Club in Thompson Park, and P.J. Simao, who was also involved in the deal for the golf course.

In response, Smith received a letter from Lundy's attorney. Michael Young, and an email from Simao that included only information that was discussed in executive session, the mayor said.

He would not disclose the information to The Watertown Daily Times, saying that he'll provide it in his ethics complaint.

The State of New York Department of State Committee on Open Government, in letters to municipal bodies posted online, has stated that there is no specific law prohibiting the sharing of what occurred in an executive session so long as confidential records or privileged information is not disclosed. Boards are not allowed to vote in private session.

In a 2005 letter to a school board that enacted a policy prohibiting discussion of executive session conversations, Robert J. Freeman, the former executive director of the freedom of information agency wrote: "I do not believe that the Board's policy can validly prohibit a person from discussing or disclosing information acquired during an executive session, nor can it require that documents relating to its proceeding be kept confidential."

Olney denies any wrongdoing, saying that "the accusations are unequivocally false and he's making assumptions and insinuating things that are not true."

It's part of ongoing efforts to disparage him, he said.

"It's all political, it's all political," Olney said, adding that it is more about the mayoral race.

Olney is convinced that Smith is "mad" because the mayor took "three big losses" on key votes recently.

Council members Lisa A. Ruggiero, Patrick J. Hickey and Olney voted to remove two unfinished concrete planters in front of the Key Bank building, increasing the cost of the downtown project. They also voted for a $225,000 contribution to the Hospice of Jefferson County.

Olney claims the mayor is also particularly upset that hiring Bullard and Harris Beach as the city attorney could be in jeopardy. Smith said he has not publicly spoken about which firm he will support.

"The Times reported that Councilman Olney referred to executive session discussions relating to his displeasure with legal advice from Attorney Bullard," Smith said in a statement.

Last week, Olney said he would not vote for the Rochester law firm, Harris Beach, for the permanent job because the attorney has been biased and has provided legal advice that benefits the mayor. City records show the firm has already been paid $192,000 for city legal work performed through July.

Olney said he plans to vote for the Syracuse law firm of Bond, Schoeneck & King for the appointment. They were the only two that submitted proposals.

"Mr. Olney is making false statements when quoted by the Watertown Daily Times in the September 8, 2023 article when he says "He (Mr. Bullard) was brought in to represent Jeff Smith, not me and not the whole council," Smith stated. "Harris Beach was hired at the recommendation of Councilwoman Ruggiero with Olney voting yes. Again, Mr. Olney is improperly referencing and disclosing executive session in the Times article."

The mayor and the councilman have disagreed about the purchase of the golf club, replacing the pool on the city's north side and various other issues since Olney came into office last January.

"I didn't say anything that wasn't already known to the public," Olney said, adding that it was widely known that the City Council was going to make a decision at the next meeting.

City Manager Kenneth A. Mix had confirmed that a resolution was going to be brought to the council on the appointment at the Sept. 18 meeting.

"Mr. Olney's statements show a bias against Harris Beach law firm and specifically against one partner in that firm," the mayor stated Monday. "He shows favoritism toward another law firm in a pending procurement process. Mr. Olney's actions discredit the RFP process."

Last week, Mayor Smith also submitted a freedom of information request for all emails — including personal emails — for all correspondence between Ruggiero, Hickey, Olney and Lundy and Simao since Jan. 1.

"It is abundantly clear to me that Council allies Olney and Ruggiero are not happy with the letter of inquiry I recently sent to Mr. Lundy and Mr. Simao regarding important golf course transaction closing documents. Furthermore, it is clear to me that Councilwoman Ruggiero and Councilman Olney have concerns about my wanting answers to questions regarding these golf transaction closing documents that were not disclosed to the City," Smith stated."Unfortunately, Mr. Lundy and Mr. Simao chose not to explain these issues to City Council."

Contacted Monday, Lundy said he wasn't aware that the mayor, submitted a freedom of information request for the emails. Ruggiero is running against Councilwoman Sarah V. Compo Pierce for mayor.

"Everything that the mayor does is political and to make Lisa look bad," Lundy said. "Everything he does is to get Lisa not elected."

Mayor Smith opposed the city purchasing the golf course for $3.4 million. As part of the deal, Simao received $850,000 from Lundy file a deed restriction to keep Ives Hill Country Club a 9-hole golf course. He has since sold Ives to developer Jake Johnson.

Lundy thinks that the mayor's use of the letter and other documents is political to go after the three council members.

He reiterated that the deal between himself and Simao had nothing to do with the city purchasing the golf club.

Saying that they handled it ethically, he also acknowledged the existence of the letter from his attorney to the city and correspondence between him and Simao before the deal was finalized.

"Whatever was between P.J. and I was between P.J. and I," he said.

Mayor Smith plans to submit the complaint by Wednesday.

"Mr. Olney's conduct is embarrassing and a disgrace to the city. The City Manager almost resigned due to Mr. Olney's actions," Smith stated. "Olney's continued actions will cause other firms, vendors and potential employees to decline to work with or for the city."