DA Closes Ethics Referral Review On New Rochelle Mayor Noam Bramson

NEW ROCHELLE, NY — New Rochelle Mayor Noam Bramson will not face criminal charges following an ethics board opinion referred to the Westchester County District Attorney's office.

"The Westchester County District Attorney’s Office conducted a review of New Rochelle Mayor Noam Bramson’s conduct that was the subject of the City of New Rochelle Ethics Board’s June 16, 2022 Advisory Opinion," the DA's office said in a statement released Monday afternoon. "Specifically, we reviewed the testimony of all witnesses who appeared before the Board, supporting documents, and performed an analysis of the Charter and applicable criminal statutes."

The prosecutor's office said they were not making judgement on the merits of the City of New Rochelle Ethics Board opinion, but did not find that criminal charges were appropriate.

"The sole purpose of our review was to determine if it was appropriate to bring criminal charges against the Mayor for this conduct, and we have concluded that there is legally insufficient evidence to support criminal charges," the statement reads. "Our review is now concluded."

SEE ALSO:

• New Rochelle Ethics Board Opinion Finds Mayor Violated City Charter
• New Rochelle Mayor Bramson Will Not Run For Re-Election In 2023
• New Rochelle City Council Names New City Manager

Earlier this year, in June, despite a belief that New Rochelle Mayor Noam Bramson was acting "in the best interest of New Rochelle," the city's Ethics Board ruled that he violated the city charter when he lobbied City Manager Charles Strome to name him to the post of commissioner of economic development.

The board was divided, however, on whether or not his efforts to oppose the appointment of a new deputy city manager were also inappropriate, according to the board's written opinion. The opinion was then referred to the Westchester District Attorney’s Office.

"We are reviewing the Advisory Opinion of the Ethics Board of the City of New Rochelle," a spokesperson for the DA told Patch in a statement in June. "We have no further comment at this time."

While Bramson said he was taking the board's findings seriously, promising to "be more cautious in my conversations about personnel issues going forward," he appeared convinced that his actions did not rise to the level of a prosecutable offense, indicating that he felt somewhat vindicated by the fact that the board agreed that he believed he was acting in good faith.

"Through nearly thirty years of public service, I have always been committed to the highest standards of integrity," Bramson said in a statement in June. "I am glad that the members of the Board of Ethics concluded that I perceived my actions to be 'in the best interest of New Rochelle' and that '[t]here is no evidence to suggest that the Mayor intended to violate the Charter.' While I disagree with several statements in the findings, I appreciate the Board’s constructive criticism and will be more cautious in my conversations about personnel issues going forward. With the ethics review now completed, I will do my part to strengthen constructive relationships with colleagues in City government and to ensure that we are fully focused on the people’s business."

The ethics probe stemmed from a complaint made in March by "Talk of the Sound" publisher/journalist/resident watchdog Robert Cox.

"The allegations in my ethics complaint were based largely on a memo to Bramson from Strome which detailed how Bramson badgered Strome for close to a year to be appointed to the position of Commissioner of Economic Development which pays about $210,000 annually," Cox explained in a June 16, column. "The matter came to light after I filed a Freedom of Information request in early March, soon after Strome announced his retirement effective at the end of 2022 and announced promoting Adam Salgado to Commissioner of Economic Development and naming Kathleen Gill as Deputy City Manager in addition to her role as Corporation Counsel. Bramson wanted the Economic Development position for himself and the City Manager position for Alisa H. Kesten, his former campaign manager."

According to the New Rochelle City Charter, the city manager has sole authority to make personnel appointments and the only job the city council fills is that of manager. The mayor and city council members are barred by the charter from interfering in personnel decisions and can not ask for city employees to be hired or fired.

The board expressed concerns about Bramson's actions that, at the very least, gave the impression he was seeking positions for both himself and his former campaign manager.

Bramson admitted that he expressed an interest in the top economic development job, but he insisted that he did so only after the city manager broached the subject and only after Strome initially faced difficulty recruiting a qualified candidate for the position. Both Strome and Bramson agreed that the conversation about Bramson taking the job started as a lighthearted joke and then later became the topic of a more practical discussion.

Adam Salgado, who had previously served as deputy commissioner, was later named to the post.

The Ethics Board concluded, however, that Bramson urged Strome to reconsider even after the city manager told him that it would be inappropriate to appoint an elected official to an administrative post.

“I accept the findings of the Ethics Board's independent investigation," Strome said in a statement earlier this year. "This investigation has been difficult for all involved. I want to express my thanks to members Charles Phipps and David Blumenthal for their time and diligence and for their 25 years of service to the City."

The Board of Ethics consists of three members who serve five-year terms of office, one such term expiring each year. Members are appointed by the City Manager, subject to approval by the City Council. In addition to reviewing annual financial disclosure statements, the Board of Ethics receives complaints alleging a violation of the reporting requirements or the Code of Ethics of the City of New Rochelle; and renders advisory opinions. One member of the Board is an officer or employee of the City of New Rochelle. Members of the board are Charles Phipps, Chairman, David Blumenthal and Michelle Oliveros, City Clerk.

In the review earlier this year, Oliveros recused herself.

While the Ethics Board opinion concluded that Bramson neither intended to violate the charter nor had malicious intent behind his actions, they agreed that he was, in fact, in violation. The report made clear that the board believed he showed questionable judgment.

The New Rochelle Board of Ethics Report offered an unambiguous rebuke of the mayor's behavior:

The evidence relevant to this complaint is that City Manager first made the off-hand suggestion that the Mayor consider the position of Development Commissioner. Subsequently, the Mayor pursued the appointment despite being advised that the City Manager could not make any such appointment because it would violate the Charter and the ethical standards set for City Managers. There is no evidence to suggest that the Mayor intended to violate the Charter or that he did not believe his appointment to be in the best interests of the City.

Given the plain meaning of the Charter, the Mayor’s motives, no matter how well intentioned, do not dictate the answer to the question of whether he requested that the City Manager appoint him to the position of Development Commissioner. The evidence is not contradicted that he did. Regardless of his intentions, he did violate the Charter in making and pursuing this request of the City Manager even though he did not initiate the dialogue. In addition, it was inappropriate under the Code of Ethics for him, while an elected official, to seek appointment to an administrative position and he should have recused himself from consideration of his appointment.