Guy Cosentino: Questions still remain regarding DPW case

By Guy Cosentino

Thursday, February 12, 2009 11:45 PM EST

Auburn City Manager Mark Palesh's letter supporting a state commission of investigation review of the way the city investigated the return of nearly $10,000 in cash and equipment might be seen by some as getting on the inevitable train that would be eventually leaving the station - whether there were votes for such an investigation by city council or not.
Yet, while it is not clear what the findings of the investigation might be, supporting it may not get the city out of a still simmering issue - their refusal to disclose names of DPW workers who may have returned cash or equipment in exchange for amnesty.

It looks as if only Councilors William Graney and Matthew Smith, both of whom are up for re-election this year, might have gone on record calling for the commission to come in #-- putting the rest of the city council in the position of making it look as if they were covering something up. Yet, in an election year, with the endless questions that seem to come up with new revelations (the newest dealing with scrap metal) there is a likelihood that council would have had to support an investigation in the end, especially since one was going to occur with or without their support.

A private citizen is said to have already contacted the commission, which was already contacting city officials. In essence, Palesh made a good decision to spin the inevitable into something that could be supported by him and the council and not let divisiveness escalate within council chambers.

While the investigation moves forward, there is one issue that still may not be resolved - the requests of this newspaper and the Syracuse Post-Standard for the names of employees or former employees granted amnesty. While Mayor Michael D. Quill, as the city's records appeals officer, ruled against the requests by both papers for their request of names last week, that may not end the issue.

The ball is now in the court of the Fourth Estate. Are they willing to take the city to court and argue before a judge that the city must, by law, turn over what they asked for? This would not be the first time such a suit has been brought. Almost two decades ago this paper went to court over the release of documents regarding employees. If they do, it will be a judge, not a city official, who makes the call.

What is most interesting so far is that there hasn't been a request, by the media or the public, asking city council to either formally agree with the manager's decision on the amnesty or asking that they overrule his decision on disclosure and release the names through an official vote. In an election year, that may still happen.

Cosentino is a former mayor of Auburn and can be contacted at cozguytho@aol.com

The Citizens' Say

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There are 1 comment(s)

Brian33908 wrote on Feb 16, 2009 10:32 AM:

" The Citizen needs to put its readers and the community first. I know there's a cost tied to taking this issue to court. And I know times are tough for print media. But it's the paper's duty to challenge this in the courtroom.

The mayor cannot block a legitimate request. It undermines the freedoms this country was built upon. "

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