Conflict Orange County Style Part One

Dear Nieces and Nephews

How many times does Auntie have to spell it out? A conflict of interest occurs when a person serves on a board, commission or authority and also serves to make a profit by employment, direct or indirect financial remuneration (e.g. to their company, law firm or family member such as spouse) based on a decision that they make while serving on said board, commission or authority. An attorney, especially, is to avoid conflicts, real or perceived which basically means that “if it looks bad, don’t do it”. (That’s the good old ‘held to a higher standard’ routine for Officers of the Court, Elected and Appointed Officials that indicates “appearance of impropriety” be avoided.)

Marcia Jacobowitz, as Chair of the Orange County Water Authority AND an Attorney or Officer of the Court, should be doubly aware of the appearance that looms large and the actual conflict that exists with her being just involved, let alone being a partner, in a law firm that has clients that will benefit from her decisions on the OCWA.

Back in 2010, MARCIA SAID that she will recuse herself:

“If a situation should arise wherein there is or may be a conflict of interest in my role as Chairwoman of the Orange County Water Authority and as an attorney in the law firm of Jacobowitz & Gubits, I would acknowledge the potential conflict and recuse myself from discussions as necessary.”

Which means she would recuse herself if the following municipalities had an issue before the OCWA:

New Windsor, Highland Falls, Maybrook, Blooming Grove, Washingtonville, Crawford, Tuxedo, Kiryas Joel, Cornwall on Hudson, Warwick and Newbugh.  (How many of these are hooked up to or will be hooked up to the Catskill Aqueduct and the KJ Pipeliine, a big water issue? Hummn?)

And also keep in mind the private companies and developers that the firm represents, which would pose a conflict of interest for Daddy’s Little Girl. (Her Dad, Gerald Jacobowitz, sent nasty missives to Sandra Kissam of SPARC when Sandra had the audacity to point this all out. “Naughty Sandra” Auntie imagines the Jacobowitz family musing around the dinner table “is at it again”.) Good for you, Sandra!

http://www.chroniclenewspaper.com/apps/pbcs.dll/article?AID=/20101002/NEWS/310029999/0/SEARCH   

Now in 2016, Marcia, feigning ignorance and deflecting like a good politician, focuses on her rise to “Partner” in the firm, as the problem. NO, Marcia the problem is you having any association whatsoever with both the Law Firm of Jacobowitz and Gubitz AND the OC Water Authority. Get it?

MARCIA SAID “I’m an attorney. Whether I’m a partner in the firm or an associate in the firm, I’m an attorney. I practice law. I don’t know in what way my being a partner would alter any conduct or conflict that would exist or possibly now that I’m a partner. I don’t see any conflict existing. I do full disclosure to any relationships I have with any county related agencies so that’s on file.”

http://www.chroniclenewspaper.com/apps/pbcs.dll/article?AID=/20160929/NEWS01/160929923/Marcia-Jacobowitz-now-heads-law-firm-and-water-authority  

Marcia protests that she is in full compliance with the Ethics Board in the County, you know the one that never meets.

But here is the big issue that needs attention. WHY has this woman been on the OCWA for 22 years???

How is she appointed? Guess? it is at the suggestion of the County Executive and “approved” by the legislature but as Legislator Leigh Benton said in 2010, “Eddie Diana (then County Executive) is in charge of appointments to the water authority” which means now it is this guy:

   

And the County Legislature should be looking at ALL of their appointees and not just rubber stamping appointments for the County Executive.

TERM LIMITS, they’re not just for Elected Officials.

   

Auntie loves the “charts” that the Chronicle does!!! This and the Valley View chart are priceless!!! Click on the article referenced above, to see clearly.

Article 5 - PUBLIC UTILITY AUTHORITIES

Title 8-E* - (1199-AA* - 1199-WW*) ORANGE COUNTY WATER AUTHORITY

Just like the IDA, this authority has the capability to issue bonds and make decisions that affect you! And you, as a citizen, have no input as to whom is appointed.