Buscetto Ethics Complaint Related To Refusal To Recuse

An ethics complaint released by City Councilor Michael Buscetto III this weekend does not detail Police Chief Margaret Ackley’s accusations against him, but rather accuses him of unethical behavior in recent City Council meetings.

The complaint declares:

“Councilman Buscetto’s failure to recuse himself from participating in any and all Council meetings or special meetings or executive sessions concerning either my retirement negotiations/contracts or legal claim against the City alleging specific misconduct against Councilman Buscetto. The Code of Ethics mandates an official who has a financial or personal interest in the outcome of any matter neither engage in deliberations, act on any matter or communicate about such matter with any person who will participate in the action to be taken on such matter.”

Ackley charges that the violations occurred on Aug. 1, 15, and 24. The Aug. 1 City Council meeting included an executive session on a tentative agreement between the city and Municipal Employees Union. In a two and a half hour special meeting on Aug. 10, the council but took no action; at that meeting, Buscetto refused a request by Ackley’s attorney, Shelley Graves, to recuse himself.

On Aug. 15, the City Council received a brief on the discussions. On Aug. 24, Londregan and Ackley of attempting to undermine her authority at the . Ackley said this behavior led to her decision to retire in January, although a retirement agreement between her and City Manager Denise Rose includes an escape clause allowing Ackley a period of time after the November election to choose whether she wants to stay on as chief.

At that meeting, the council also went into executive session to discuss the allegations. Graves again asked Buscetto to recuse himself, and Buscetto again declined. At the end of the 45-minute executive session, the council voted to hire an investigator to look into the validity of Ackley’s complaint.

In a Sept. 7 letter to Buscetto, Board of Ethics chairman K. Robert Lewis said the board had . Buscetto said he received the complaint on Sept. 12, one day before his where voters chose Daryl Finizio as the party’s nominee.

Buscetto has denied any wrongdoing and said the accusation was an attempt to influence the primary. He has also noted how a city attorney, Brian Estep, during the negotiations with Ackley as a reason for her decision to retire. He said he made the complaint public and requested that the Board of Ethics hearings on the matter be public.

“I strongly believe this complaint which I received on September 12, 2011 does not meet the minimum probable cause standard and should be dismissed, but would like the citizens to have access to all information regarding this matter rather than having to rely on media speculation,” he said in a press release. “In the event the Board finds that probable cause exists, I welcome and encourage all inquires and investigations into this matter and further encourage the public to attend all hearings so they can base opinions on sworn statements rather than speculation.”