Is the city’s Common Council about to break the law?
Is the Gloversville Common Council about to violate the city charter with a vote on Resolution R-9 to appoint the past councilman from Ward 4, Steven E. Smith, for contracted engineering services? This question is in no way a comment on Mr. Smith’s ability as an engineer, but rather one about what the charter states a former elected official may not do in the first year after leaving office. The Charter, Article II, Section C-15, subsection paragraph B states:
“No former councilman or mayor shall hold any compensated non-elected city office or city employment until one year after the expiration of the term for which he was elected or the date of his resignation from office.”
Mr. Smith left the elected position of Councilman Ward 4 on December 31, 2019.
Further, the City Code, in Article II section 25-5 states:
“For the 12-month period after termination of service to or employment by the city, appear before the city in his own behalf or in behalf of another on any matter in which he took action or may have participated in any way while in the service of the city.”
Several times the mayor has reported at meetings, and in the press, of inspections done by Mr. Smith of various buildings in the city. As most of these buildings are still in existence, and not remediated, how can he further work on any projects that involve them?
I sincerely hope that the council does not pass this resolution. It makes one wonder what else they may decide to ignore as they move forward.
Chair Gloversville Republican Committee