'Withdraw Lawsuit Or Resign': Rye Political Rivals' Joint Statement

CITY OF RYE, NY — The fallout from infighting at Rye City Hall has deepened after a rare bipartisan joint statement called on the mayor and three local lawmakers to drop their legal action against the City of Rye Board of Ethics or resign their positions. At least one of the four officials, however, says the ultimatum is simply retribution from political foes seeking to change the balance of power in the council chambers.

A rare joint statement by the City of Rye Democratic Committee and the City of Rye Republican Committee did not mince words denouncing City of Rye Mayor Josh Cohn and Councilmembers Carolina Johnson, Julie Souza and Benjamin Stacks.

SEE ALSO: City Of Rye Mayor And 3 Councilmembers Sue Ethics Board Over Rebuke

"The Rye City Democratic and Republican Committees, jointly and emphatically condemn the actions of Mayor Josh Cohn and Councilpersons Carolina Johnson, Ben Stacks, and Julie Souza in their decision to file a lawsuit against the City of Rye's Board of Ethics ("BOE”)," the statement reads in part. "We stand united in calling upon the four Councilpersons to withdraw their lawsuit or resign their positions and pursue their legal efforts as unconflicted private citizens ... Make no mistake: This frivolous, self-serving lawsuit will impose a needless financial burden on Rye taxpayers."

Perhaps surprisingly, this bitter and growing political rift has originated from a rather innocuous-sounding moratorium on clear-cutting intended to protect trees in the the city.

The City of Rye's Board of Ethics got involved as concerns over a potential conflict of interest were raised. The mayor initially recused himself from the debate as the clear-cutting of trees near his property could have been affected by the outcome of the rules, but when the trees on the property in question were removed before the new rules were in place, Cohn no longer believed he needed to recuse himself.

The Board of Ethics is made up of City Manager Greg Usry, Corporation Counsel Kristen Wilson, and three members of the public: Edward B. Dunn (former mayor), Elizabeth Griffin Matthews (former councilmember), and Edward Stein. According to the City of Rye's website, boardmembers "meet on an as-needed basis and render advisory opinions on specific situations to officers and employees of the City with respect to General Municipal Law and the City's Code of Ethics."

In February, Councilmembers William Henderson, Josh Nathan and Lori Fontanes asked the Board of Ethics for an "advisory opinion" on the issue.

Wilson and Usry "recused themselves as a voting member of the Board." The ethics board issued an opinion that the actions of the mayor and councilmembers led to the appearance of a conflict of interest.

Now, Cohn, Johnson, Stacks, and Souza are suing the Board of Ethics to force them to withdraw that ethics advice that was later leaked and made public.

The political and legal maneuvering came to a boiling point at a meeting this week, in which allegations were exchanged. The four local officials who petitioned for the lawsuit said that they exhausted every avenue to resolve the disagreement amicably, but felt that they were left with few options.

"Nobody wants this," Councilmember Johnson told Patch. "We are volunteers — we do this because we love our community and honestly we are trying to do the right thing for Rye, but we should be able to do our volunteer jobs we were elected to do without having to worry about retaliation or having our reputations unfairly maligned."

Johnson said that the hyperbole of calling for elected members of the community to resign is simply political gamesmanship that is unhelpful and unproductive.

"The statement is really just politically motivated," Johnson added. "These really are political actors that harbor resentments that have nothing to do with the lawsuit."

Johnson said that her colleague was already put in the awkward position of having to explain the ethics opinion at their day job. She said that the local lawmakers only began to consider legal action after it became clear that the ethics board would not communicate with them at all. The councilmember said the lawsuit is more than just about protecting the damage done to council members personally, but also about making sure that officials are able to do the jobs they were elected to do without improper restraints from an unelected board.

The political leaders on the other side of the issue agree that the unusual legal moves by four elected officials is about much more than the apparent issues at hand.

"This lawsuit has nothing to do with trees," the statement from the two normally at odds political committees reads. "It is about the proper process of governing. At a time when our neighboring communities face tough economic challenges in housing and providing for an influx of new arrivals, and Rye families are grappling with inflation, flooding and over development, the Mayor of the City of Rye and his council allies show a complete lack of self-awareness. Their actions place our city in the farcical position of suing itself and potentially incurring significant legal fees representing both sides. Every dollar spent on this needless lawsuit detracts from funds that could be used to support and care for community needs."