Accusations OnCity Council Agenda

The agenda for Tuesday's City Council meeting includes two items accusing Mayor William D. Nelson and Deputy Mayor Michael D. Morley of violating the city charter and obstructing an investigation into a family living rent-free in a city-owned property at 819 Knox St.

"The mayor and deputy mayor's actions are very serious," said Councilor Nicholas J. Vaugh. "I've consulted with at least two members of council, and they agree."

Mr. Vaugh has submitted resolutions calling for the censure of Mr. Nelson and Mr. Morley and for an investigation to be opened into their actions.

"We felt it was necessary that we uphold and affirm the city charter and the municipal code and the policies of the city and the City Council," said Mr. Vaugh.

Mr. Vaugh in his resolutions accuses the mayor of violating sections of the charter which separate the authority of the city manager from that of the council. Mr. Vaugh's resolutions say Mr. Nelson sent an email to the City Council members advising them to view documents pertaining to the 819 Knox St. matter, and that he directed staff to allow council members access to the documents.

"These resolutions are completely baseless and politically motivated," said Mr. Nelson. "They are meant to turn the attention from the real issue, which is 819 Knox St."

While Mr. Nelson admits sending the email to the council and calling the city clerk's office, he said he did nothing wrong.

"I didn't give direction to any city staff," said Mr. Nelson. "I advised to the council that the documents were in the clerk's office and I alerted the deputy clerk that council members would be coming down to review the documents."

The city-owned house at 819 Knox St. has been occupied for three years without rent being paid. This summer, city leaders were attempting to sell the house to its occupants by financing the purchase using federal and state grant money. The city council opened an investigation into the affair which would be conducted by City Attorney Andrew W. Silver.

"Mr. Silver gave advice to council that it would not be a good thing for us to look at these documents prior to his investigation and jump to conclusions," said Councilor Daniel E. Skamperle. "He strongly advised us not to do this because the documents are only part of the truth."

On Sept. 29, after conducting his own review of documents subpoenaed in the investigation, Mr. Nelson called for the city manager to resign. Members of the council immediately objected.

"I don't know why he feels so strongly about getting rid of the city manager without going through the channels that the council agreed upon," said Councilor Douglas G. Sholette.

Mr. Skamperle said that Mr. Morley and Mr. Nelson's actions were out of bounds.

"It is one thing to examine the documents. It is another to go public with part of the truth and claim you have it all," said Mr. Skamperle. "It is misleading the public and creating a mob-like atmosphere in the community. It is unprofessional and wrong. These guys are doing it just for the election."

Mr. Nelson says he has done nothing wrong.

"I've done nothing to impede this investigation," said Mr. Nelson. "I did my due diligence to review the documents as a member of the City Council."

Mr. Nelson admitted to violating these provisions of the charter at the Sept. 26 council meeting.

"He's admitted to charter violations," said Mr. Vaugh. "I think it is very obvious from their actions and their admissions that the charter and parts of the municipal code were broken. The policy and the will of the council was not followed."

Mr. Vaugh's resolutions claim that Mr. Nelson's activities violate sections which limit the executive power of the mayor and reserve powers not granted by the charter to the council as a whole.

On Friday, however, Mr. Nelson used the city charter to defend his actions.

"Mr. Vaugh says the manager is the only one who can release those documents, but Mr. Sciorra is being investigated," said Mr. Nelson. "That section gives an exception for our investigation."

The resolutions also accuse the deputy mayor of entering the city clerk's office and demanding to review the documents.

"I didn't take up the time of the clerk any more than a few minutes to get the paperwork," said Mr. Morley. "I think the resolutions were designed by (Mr. Sciorra) and (Mr. Vaugh) is just his pawn. Mr. Vaugh isn't smart enough to do this on his own."

After conducting his own review, Mr. Morley also called for the city manager to resign. Mr. Vaugh objected to that because he thought it tainted the council's investigation.

"I had a right to write an email and ask for Art's resignation. That is part of America," said Mr. Morley. "If Nick doesn't like that, he can go live somewhere else."

The councilors said that they didn't know what the prospects were for the resolutions passage.

"I'm not sure what will happen," said Mr. Skamperle. "We'll see what the discussion brings."

Mr. Vaugh wants to see his resolutions passed.

"It is really a question of whether we're going to follow the law or not," said Mr. Vaugh. "I hope the council takes a stand with me to support the letter of the law."

Mr. Morley doesn't think Mr. Vaugh's resolutions will be approved.

"I can't imagine him getting a majority," said Mr. Morley. "Everything I did was above board, if he gets the votes, I welcome the investigation."

Mr. Nelson called for cooler heads to prevail.

"Hopefully everybody keeps their heads about them," said Mr. Nelson. "Let's keep the facts as they are. Our focus is 819 Knox St."

Mr. Sholette said he would hold comment on the resolutions until the meeting.

"On Tuesday night I'll give my opinion and say what I feel is right," said Mr. Sholette. "Tuesday's meeting is going to be a free-for-all."