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Breach of Contract

Breach of Contract

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SAINT LAWRENCE ARTHUR J.

SCIORRA

Claimant, - againstWILLIAM D. NELSON, As MAYOR of the City of Ogdensburg MICHAEL MORLEY, As DEPUTY MAYOR of the City of Ogdensburg THE CITY OF OGDENSBURG

NOTICE OF CLAIM

Respondent(s).
STATE OF

NEW YORK,

COUNTY

OF ONONDAGA

55.:

NOTICE OF CLAIM PLEASE TAKE NOTICE that the Claimant herein hereby makes claim and demands against the Respondents, William D. Nelson, Mayor; Michael Morley, Deputy Mayor; The City of Ogdensburg, pursuant to Section 50-e) of the General Municipal Law, and the following information is furnished pursuant to such section: 1. The name and Post Office address of the Claimant is: ARTHUR J. SCORRA, 124 Proctor Avenue, Ogdensburg, New York, 13669. 2. Claimant is represented by:

Gilles R.R. Abitbol Esq. 121 Green Acres Drive, Liverpool, New York, 13090 (315) 706 0159. 3. The nature of the claim: Breach of Contract A) This Breach of contract arises out of the following statements occurred recently: - Mayor William D. Nelson: 09{29{11:Published in a Press Release Statement (Exhibit 1), Libel The exact terms are: " I have started my own independent review of the e-mail exchanges between the city planner and his boss, the city manager. I was which

disheartened to read that Mr. Sciorra was aware of the situation more than 2 years ago and took no discernible action to rectify the situation." "Mr. Sciorra also did not inform City Counsel of the ongoing issue, which left us unable to make decisions that could have rectified the situation" Ford Street This statement was released to the press from the Mayor's Office, 330 Ogdensburg, New York 13669. 10/11/11: Published at CITYCOUNCILMEETING (Exhibit 2) Libel

The exact terms are: "Mayor Nelson said he read that because when we were informed as Council members what happened with 819 Knox Street 3 years after it happened, it's a direct result of not being informed by the City Manager." This statement was released from the Mayor's Office, 330 Ford Street Ogdensburg, New York 13669. 10/13/11: Published on the internet. in the Watertown Daily Times.com (Exhibit 3), Libel The exact terms are: "We would not be having this conversation at all if the city manager had been open and honest with the council," Mayor William D. Nelson said. "The ultimate responsibility for 819 Knox St. lies solely with the city manager." 10/14/11: Published on the internet in the Daily Courier Observer (Exhibit 4), libel The exact terms are:"We would not be having this conversation at all if the city manager had been open and honest with the council," Mayor William D. Nelson said. "The ultimate responsibility for 819 Knox St. lies solely with the city manager." 10/28/11: Published in the Counsel meeting Agenda (Exhibit 5)

The exact terms are: " the Ogdensburg City Counsel hereby makes this preliminary resolution to terminate Mr. Sciorra's employment contract as City Manger for failing to uphold his powers and duties as outlined in Section C-19 of the City Charter. BE IN FURTHER RESOLVED that the reasons for removal are that Mr. Sciorra, as the Chief Executive Officer and chief Administrative Officer of the City, failed to uphold and was negligent in his respective duties to: 1. Be responsible to the City Counsel for the administration all City affairs, See Section C-19(A)(l). Documented evidence shows the City Manger was less that forthcoming about his knowledge of and role in decisions made in the City's

2

Neighborhood Stabilization Program and the Ogdensburg Growth Fund Development Corporation's New York Main Street Grant Programs. 2. Direct and supervise the administration of all departments, offices and agencies of the city, See Section C-19(A)(3). Mr. Sciorra provided conflicting statements about his knowledge of decisions in these programs and rather than accept responsibility for supervising departments, Mr. Sciorra has blamed the Comptroller, City Attorney and Director of Planning for all of the shortcomings in the administration of grant programs. The City Council specifically finds documents evidence that Mr. Sciorra was not truthful in hi statements, and further finds that Mr. Sciorra was negligent in his duties to direct and supervise City staff, departments, grant programs, and the acquisition, management and disposition of real estate acquired through tax sale foreclosure. 3. See that all laws, provisions of the Charter, resolutions, ordinances, local laws and acts of the City Counsel are faithfully executed, See Section C-19(A)(5). Mr. Sciorra failed to ensure that his departments followed Chapter 11 of the City Charter governing the sale and lease of City-owned real estate and failed to ensure that his departments followed the NSP disposition procedures approved by the City Counsel. While there may have been legitimate reasons to deviate from NSP procedures as drafted, the City Manager was negligent of his duties by failing to notify Council of deviations from the approved procedures and failing to seek the Council's approval to amend the procedures. 4. Make reports as the City Council may required concerning the operations of City departments, offices and agencies under the Manager's direction and supervision, See Section C-19(A)(8). Documented evidence shows that when asked about grant programs and specific properties, Mr. Sciorra was not truthful about his knowledge of or role in the decisions leading up to deviations from the Charter and approved Council procedures. Mr. Sciorra also failed to provide a complete report on the matter when requested, and he failed to provide an honest accounting of his activities. 5. Subject to City Council approval, to negotiate, and grant leases, licenses and permits for the use of all City lands, structures, facilities and appurtenances, See Section C-19(A)(1l). Mr Sciorra executed purchase and sales agreements for 819 Knox Street and 2 Grove Street without the approval of City Council. Ford Street This statement was released to the press from the Mayor's Office, 330 Ogdensburg, New York 13669.

11/01/11: Published on the internet, in the Watertown Daily Times.com (Exhibit 6) Libel The exact terms are: "(Mr. Sciarra) has intentionally misrepresented his knowledge or/and role in his decisions about several programs to the Ogdensburg City Council," writes Mr. Nelson, "and intentionally issued a number of false public statements."

3

"Mr. Nelson said Mr. Sciorra violated the terms of his employment by failing to uphold the city charter and violating the code of ethics of the International City Manager's Association, the professional organization which represents civil servants. " 11/01111: Published on the internet, in the Daily Courier Observer (Exhibit 7), Libel The exact terms are: "(Mr. Sciorra) has intentionally misrepresented his knowledge or/and role in his decisions about several programs to the Ogdensburg City Council," writes Mr. Nelson, "and intentionally issued a number of false public statements." "Mr. Nelson said Mr. Sciorra violated the terms of his employment by failing to uphold the city charter and violating the code of ethics of the International City Manager's Association, the professional organization which represents civil servants. rr - Deputy Mayor Michael Morley: 10/16/11: Published on the internet, in the Watertown Daily Times.com (Exhibit 8) Libel The exact terms are: "If we have cause, he gets nothing," Mr. Morley said. "I think lying to us is cause enough. I think signing illegal leases and purchase agreements is cause enough. I think collecting rent illegally is cause enough. We have tons of cause because he has been irresponsible." 10/19111: Published on the internet, in the Watertown Daily Times.com (Exhibit 9) Libel The exact terms are: "I think it was another one of those deals where Mr. Sciorra and Mr. Woods had an owner picked out without going through the lottery. The whole 819 Knox St. affair broke, the guy got scared and backed out of the deal." 11/01/11: Published on the internet, in the Watertown Daily Times.com (Exhibit 6) Libel The exact terms are: 'The city manager has been dishonest and bears responsibility for this," said Mr. Morley. "Without being specific, I believe that my position is strengthened." 11/01/11: (Exhibit 7) Libel Published on the internet, in the Daily Courier Observer

The exact terms are: "The city manager has been dishonest and bears responsibility for this," said Mr. Morley. "Without being specific, I believe that my position is strengthened."

4

11/03/11: Published on the internet, in the Watertown Daily Times.com (Exhibit 10)Libel The exact terms are: He (Mr. Morley) also claimed that his argument for terminating the City Manager did not rely on the contents of the report. " I don't even need to use this report, n ••• "1 am not done with this yet. I am going to carry it through the outcome I think is fit." 11/03/11: Published on the internet, in the Daily Courier Observer (Exhibit 11) Libel The exact terms are: He (Mr. Morley) also claimed that his argument for terminating the City Manager did not rely on the contents of the report. " I don't even need to use this report," ..."I am not done with this yet. I am going to carry it through the outcome I think is fit." - Justin Woods City Planner: 10/11/11: Published in a Public Statement to Ogdensburg Mayor and City Council: (Exhibit 12) Libel The exact terms are: "The City Manager (Claimant, Ed.)had misrepresented my actions and been less than forthcoming about his knowledge of and role in making decisions as they related to the administration of the City's Neighborhood Stabilization Program and the Growth Fund's Main Street Programs ... ...then the city manager was aware of and approved decisions that required his approval..." As the family met the program requirements, I recommended and the City manager approved rehabbing and selling them the home. The Manager affirmed this course of action at many decision points over two years, and then he signed the purchase offer."
rt rt

The City Manager responded he was going to seek legal advice ..."

This incident took place at or around 500 Delaware Street, in the City of Ogdensburg county of St. Lawrence New York 10/12/11: Published on the internet, in the Watertown Daily Times.com (Exhibit 13) Libel The exact terms are: "Our decisions in both programs abided by guidelines," Mr. Woods said. "The city manager was aware of and approved of all decisions that were made." "1 made this request because the city manager had misrepresented my actions and been less than forthcoming about his knowledge of and role in making 5

decisions as they related to the administration of the city's Neighborhood Stabilization Program and the Growth Fund's Main Street Programs," " Over the past two years, City Comptroller (Philip A. Cosmo) repeatedly raised the question about what to do regarding rent for this property, but the city manager never gave either of us a different direction and so rent was never initiated. " " Mr. Woods also accused Mr. Sciorra of violating his code of ethics as a member of the International City/County Management Association that requires city managers to be committed to integrity and transparency. "As ICMA members we pledge to uphold these principles in our conduct and decisions in order to merit the trust of the public, elected officials and the staff we serve," Mr. Woods said. "This trust has been irreparably broken." B) This Breach of contract also arises out of the violation of section 3B of claimant's contact. As of today and as per section 3 B of Claimant's contract, Claimant has not been compensated at any time by any automatic salary increase that are provided for or required by the employers compensation policies. (Exhibit 14) 4. The injuries or damages for which claim is hereby made arose in the following manner: - Mayor William D. Nelson: On 09/29/11: Public statement ( Exhibit 1)

Defendant made a public statement that was false and defamatory. Defendant made the false statement willfully and maliciously with the intent to damage Claimant's good name, reputation and standing in the community. As a result of Defendant's actionable conduct Claimant's contract has been breached specifically clause 16 of the contract which states that: " Beyond that required under the Federal State or Local Law Employer shall defend. Save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of employee's duties as City Manager or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct." On 10/11/11: Published at CITY COUNCIL MEETING (Exhibit 2) Defendant made a public statement that was false and defamatory. Defendant made the false statement willfully and maliciously with the intent to damage Claimant's good name, reputation and standing in the community. As a result of Defendant's actionable conduct Claimant's contract has been breached specifically clause 16 of the contract which states that: " Beyond that required under the Federal

6

State or Local Law Employer shall defend. Save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of employee's duties as City Manager or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct.
/J

On 10/13/11: In the Watertown Daily Times,(Exhibit 3), Defendant made a public statement that was false and defamatory. Defendant made the false statement willfully and maliciously with the intent to damage Claimant's good name, reputation and standing in the community. As a result of Defendant's actionable conduct Claimant's contract has been breached specifically clause 16 of the contract which states that: Beyond that required under the Federal State or Local Law Employer shall defend. Save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of employee's duties as City Manager or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct.
II /J

On 10/14/11: In the Watertown Daily Times, (Exhibit 4), Defendant made a public statement that was false and defamatory. Defendant made the false statement willfully and maliciously with the intent to damage Claimant's good name, reputation and standing in the community. As a result of Defendant's actionable conduct's contract has been breached specifically clause 16 of the contract which states that: Beyond that required under the Federal State or Local Law Employer shall defend. Save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of employee's duties as City Manager or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct.
II IJ

On 10/28/11: Counsel meeting Agenda (Exhibit 5) Defendant made a public statement that was false and defamatory. Defendant made the false statement willfully and maliciously with the intent to damage Claimant's good name, reputation and standing in the community. As a result of Defendant's actionable conduct Claimant's contract has been breached specifically clause 16 of the contract which states that: Beyond that required under the Federal State or Local Law Employer shall defend. Save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of employee's duties as City Manager or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct."
II

On 11/01/11:

In the Watertown Daily Times.com,( Exhibit 6)

7

Defendant made a public statement that was false and defamatory. Defendant made the false statement willfully and maliciously with the intent to damage Claimant's good name, reputation and standing in the community. As a result of Defendant's actionable conduct Claimant's contract has been breached specifically clause 16 of the contract which states that: Beyond that required under the Federal State or Local Law Employer shall defend. Save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of employee's duties as City Manager or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct.
II II

On 11/01/11: Daily Courier Observer (Exhibit 7), Defendant made a public statement that was false and defamatory. Defendant made the false statement willfully and maliciously with the intent to damage Claimant's good name, reputation and standing in the community. As a result of Defendant's actionable conduct Claimant's contract has been breached specifically clause 16 of the contract which states that: Beyond that required under the Federal State or Local Law Employer shall defend. Save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of employee's duties as City Manager or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct."
II

- Deputy Mayor Michael Morley: On 10{16{11: In the Watertown Daily Times.com (Exhibit 8), Defendant made a public statement that was false and defamatory. Defendant made the false statement willfully and maliciously with the intent to damage Claimant's good name, reputation and standing in the community. As a result of Defendant's actionable conduct Claimant's contract has been breached specifically clause 16 of the contract which states that: Beyond that required under the Federal State or Local Law Employer shall defend. Save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of employee's duties as City Manager or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct."
II

On 10{19{11: In the Watertown Daily Times.com (Exhibit 9), Defendant made a public statement that was false and defamatory. Defendant made the false statement willfully and maliciously with the intent to damage Claimant's good name, reputation and standing in the community. As a result of Defendant's actionable conduct Claimant's contract has been breached specifically clause 16 of the contract which states that: Beyond that required under the Federal State or Local Law Employer shall defend. Save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether
II

8

groundless or otherwise, arising out of an alleged act or omission occurring in the performance of employee's duties as City Manager or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct." On 11/01/11: In the Watertown Daily Times.com (Exhibit 6), Defendant made a public statement that was false and defamatory. Defendant made the false statement willfully and maliciously with the intent to damage Claimant's good name, reputation and standing in the community. As a result of Defendant's actionable conduct Claimant's contract has been breached specifically clause 16 of the contract which states that: Beyond that required under the Federal State or Local Law Employer shall defend. Save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of employee's duties as City Manager or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct."
It

On 11/01/11: In the Daily Courier Observer (Exhibit 7) Defendant made a public statement that was false and defamatory. Defendant made the false statement willfully and maliciously with the intent to damage Claimant's good name, reputation and standing in the community. As a result of Defendant's actionable conduct Claimant's contract has been breached specifically clause 16 of the contract which states that: Beyond that required under the Federal State or Local Law Employer shall defend. Save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of employee's duties as City Manager or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct."
1/

On 11/03/11: In the Watertown Daily Times.com (Exhibit 10), Defendant made a public statement that was false and defamatory. Defendant made the false statement willfully and maliciously with the intent to damage Claimant's good name, reputation and standing in the community. As a result of Defendant's actionable conduct Claimant's contract has been breached specifically clause 16 of the contract which states that: Beyond that required under the Federal State or Local Law Employer shall defend. Save harmless and indemnify Employee against any tort professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of employee's duties as City Manager or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct."
It

On 11/03/11: In the Daily Courier Observer (Exhibit 11)

I

Defendant made a public statement that was false and defamatory. Defendant made the false statement willfully and maliciously with the intent to damage
9

Claimant's good name, reputation and standing in the community. As a result of Defendant's actionable conduct Claimant's contract has been breached specifically clause 16 of the contract which states that: " Beyond that required under the Federal State or Local Law Employer shall defend. Save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of employee's duties as City Manager or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct." - Tustin Woods City Planner: On 10/11/11: Written Public Statement ( Exhibit 12)

Defendant made a public statement that was false and defamatory. Defendant made the false statement willfully and maliciously with the intent to damage Claimant's good name, reputation and standing in the community. As a result of Defendant's actionable conduct Claimant's contract has been breached specifically clause 16 of the contract which states that: " Beyond that required under the Federal State or Local Law Employer shall defend. Save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of employee's duties as City Manager or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct." On 10/12/11: In the Watertown Daily Times.com ( Exhibit 13)

In a written public statement Statement to Ogdensburg Mayor and City Council, Defendant made a public statement that was false and defamatory. Defendant made the false statement willfully and maliciously with the intent to damage Claimant's good name, reputation and standing in the community. As a result of Defendant's actionable conduct Claimant's contract has been breached specifically clause 16 of the contract which states that: " Beyond that required under the Federal State or Local Law Employer shall defend. Save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of employee's duties as City Manager or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct." 5. The injuries and damages sustained by the claimant consist of the following: A) Because of the above mentioned facts, the City, the Employer, has failed to abide by the terms of the Claimant's contract specifying that the employer shall defended, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of employee's duties as City Manager or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct."

10

In addition, because of the above mentioned facts, Breach of Contact, the claimant has been forced to retain independent legal services to defend his good name and reputation, and his contract for which, in application of the same contact clause 1116", it is hereby requested reimbursement in addition to any cost and expenses incurred as a result of the actions for liable and Breach of Contract. More specifically, clause 16 of the contract states that the employer shall indemnify employee against any and all losses, damages, judgments, interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings including attorney's fees, and any other liabilities incurred by, imposed upon, or suffered by such Employee in connection with or resulting from any claim, action, suit or proceeding, actual or threatened ,arising out of or in connection with the performance of his or her duties."
II

B) Because of the above mentioned lack of yearly salary increase, as required by section 3 B) of the Claimant's Contract the City, the Employer, has failed to abide by the terms of the Claimant's contract. 6. WHEREFORE, Claimants make claims against: - Mayor William D. Nelson - Deputy Mayor Michael Morley - The City of Ogdensburg: DATED: December 5th, 2011

Y--I"J~'''''''''Cl.I"H.Lunt

.!.

es Drive ew York, 13090 06-0159 TO: Office of the Corporation Counsel 330 Ford Street Ogdensburg, New York 13669

NOTICE OF CIAlM VERIFICATION STATE OF NEW YORK} COUNTY OF ST. LAWRENCE} SS.: Arthur J. Sciorra being duly sworn, deposes and states that Deponent is a Claimant in the within action; that deponent has read the foregoing NOTICE OF CLAIM and knows the contents thereof that the same is true to deponent's own knowledge except as to the matters therein stated to be a!l~ged on information and belief, and that as to those matters, deponent believe~,it'~Je

!1:~9~",,<-

Sworn to before me on this fVl. day of December, 201l.
./

.Arthur ]. Sciorr) ~~/

Gilles R. R. Abitbol, Esq.
ATTORNEY AT LAW
Corporation Law LL.M, New York University School of Law U.S. Taxation Law LL.M, New York University School of Law Maitre en Droit des Affaires de l'Universite Assas- Paris Il.France Maitre en Droit Judiciaire Prive de l'Universite Assas- Paris II, France Admitted to the New York State Bar Admitted to the United States Northern District Court of New York Member of the Onondaga County Bar Association Member of the New York State Bar Association

EXHIBIT 1

PRESS RELEASE
Mayor William D. Nelson Date: September 29, 2011 To Be Released: Immediately For Additional information contact: Mayor William Nelson. at (315) 393-7986.

STATEMENT

FROM MAYOR BILL NELSON

Today, I call upon Art Sciarra to resign as Ogdensburg city manager. As I talk to city residents this fall, they tell me over and over again how Mr. Sciarra has lost their trust and confidence because of the ongoing issue at 819 Knox St. I do not believe, based on those conversations, that Mr. Sciarra can earn back that trust. I have started my own independent review of the e-mail exchanges between the city planner and his boss, the city manager. I was disheartened to read that Mr. Sciarra was aware ofthe situation more than 2 years ago and took no discernible action to rectify the situation. Mr. Sciarra also did not inform City Council of the ongoing issue, which left us unable to make decisions that could have rectified the situation. A city manager's duty to his employer - the taxpayers - is to be honest, accountable and transparent at all times. I do not believe Mr. Sciarra can continue to meet that standard. I urge my fellow City Council members to join me in calling for Mr. Sciarra to step down.

Gilles R. R. Abitbol, Esq.
ATTORNEY AT LAW
Corporation Law LL.M, New York University School of Law U.S. Taxation Law LL.M, New York University School of Law Maitre en Droit des Affaires de l'Universite Assas- Paris II, France Maitre en Droit Judiciaire Prive de l'Universite Assas- Paris II, France Admitted to the New York State Bar Admitted to the United States Northern District Court of New York Member of the Onondaga County Bar Association Member of the New York State Bar Association

EXHIBIT 2

CITY COUNCIL MEETING - draft October 11, 2011 Page 165 Mayor Nelson called the meeting to order and asked the Clerk to call the roll: PRESENT: Mayor Nelson, Councillors Cilley, Morley, Powers, Sholette, Skamperle and Vaugh None

ABSENT:

PRESENTATION 1. City Comptroller Philip Cosmo explained that because we are currently putting the 2012 budget together, he would like to brief Council on some of the implications of the 2% Tax Cap that was enacted earlier this year. Mr. Cosmo said the main thing about the 2% tax cap is that no entity will be allowed to raise their levy more than 2% without a super majority vote of their council or governing board. Mr. Cosmo explained that the levy is not a tax rate but is the total dollar amount that can be collected from the taxpayers of the City of Ogdensburg. Mr. Cosmo said if our budget looks like more than 2% levy increase is needed, a local law must be passed by City Council with five of the seven Councillors voting for that override. Mr. Cosmo said the local law could be passed any time between now and the normal process of our deliberations. Mr. Cosmo added it can even be done the night of the budget passage, as long as that local law passes first. Mr. Cosmo said if you are going to override the 2% cap, this local law has to be in place before you actually vote on the budget. Mr. Cosmo gave this example; the 2% cap on our 2011 levy was $4,372,000., which means, $87,000 could be raised by levy, which is the most we could raise through additional taxes from the citizens for 2012. Mr. Cosmo added that there are exceptions to the cap. He said the Legislature talked about mandate relief, but did very little about it. Mr. Cosmo said some of the factors driving costs for local government are state retirement, health insurance, and other things they have enacted. Mr. Cosmo added that there is an exception for state retirement, but there is also a curve if you don't pay the full state retirement bill or if you amortize your bill and pay it over time, you can't use that as an exception from the 2% tax cap. Mr. Cosmo estimated that our tax or retirement bill will go over $400,000 this year and we will be recommending an amortization. Mr. Cosmo stated because of that, we could not use the full $400,000 as an exemption from the limit, we would only be able to use $90,000 toward the limit for the exception due to the way the law was written, which won't help us.

CITY COUNCIL MEETING October 11, 2011 Page 176 Mr. Sciorra advised that there were at least a half dozen times that he and Justin went round and round about this and he told him not to do this, and now he stands here in front of everybody with applause saying that I knew, approved and agreed. Mr. Sciorra stated that's not true, I never agreed. Mr. Sciorra advised Mr. Woods that he could call him a liar, but this Council knows I didn't agree and they have to tell you the truth. Councillor Skamperle said this is exactly what he didn't want to happen, a great big he said, she said. Councillor Skamperle said let's let the City Attorney carry on his investigation. Councillor Skamperle asked Mr. Woods if he submitted his paperwork to the City Attorney? Mr. Woods said yes and he also submitted it to Council back in August. Councillor Skamperle said let's move on, let's bring this City forward, this is crazy, we're just bringing our City down. Councillor Skamperle said he will make a judgment after the process the City council put forward is complete. Mayor Nelson said the one question everyone has is who's held accountable? Mayor Nelson said we have one man we hold accountable sitting right there, Art Sciorra who works for us. Mayor Nelson said Justin Woods works indirectly for us, but works directly for the City Manager. Mayor Nelson read the 2009 City Manager goals that Council received, dated 7/29/10. They read: Direct and supervise administration of all departments, office and agencies of the City. This occurs potentially on a 2417 basis, I'm available to each Department anytime or day of the year. This is the operational part of the Manager's job; involves consultation between Manager and each Department Head on big and small issues. This goes on by direct contact, field inspection, email, telephone, memorandum, special interdepartmental meetings, constantly regarding things that are planned or never anticipated. It also involves working with other agencies and commissions as needed. This may be accomplished by attendance at meetings, telephone, email, memorandum, consultations with staff, review of minutes, meeting with public and/or dealing with complaints. Mayor Nelson said he read that because when we were informed as Council members what happened with 819 Knox Street 3 years after it happened, it's a direct result of not being informed by the City Manager.

Gilles R. R. Abitbol, Esq.
ATTORNEY AT LAW
Corporation Law LL.M, New York University School of Law U.S. Taxation Law LL.M, New York University School of Law Maitre en Droit des Affaires de l'Universite Assas- Paris II, France Maitre en Droit Judiciaire Prive de l'Universite Assas- Paris II, France Admitted to the New York State Bar Admitted to the United States Northern District Court of New York Member of the Onondaga County Bar Association Member of the New York State Bar Association

EXHIBIT 3

Watertown Daily Times I Ogdensburg

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Ogdensburg city manager lands at center of housing controversy
ogdensburg in uproar: Residents, staff up in arms about city-owned house at 819 Knox St.
By CHRISTOPHER THURSDAY,

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ROBBINS TIMES STAFF WRITER
OCTOBER 13,2011
ARTICLE OPTIONS

OGDENSBURG - City Manager Arthur J. Sciorra sat silently at Tuesday's council session as a hostile audience called for his job.

'The city manager has pointed fingers at everybody;" said Douglas W Loffler. 'We need new leadership at the top. We need transparency and accountability; not fingerpointing and innuendo." Mr. Sciorra has spread blame among several members of city staff for problems with Ogdensburg's housing programs, including outgoing Director of Planning and Development J. Justin Woods, City Comptroller Philip A. Cosmo and former city attorney Kathleen H. Wears. Mr. Loffler was among many residents who addressed the council at the beginning of its meeting. John Oakes, another Ogdensburg resident, took the manager to task for not briefing the council about the city-owned 819 Knox St. property, where a family was allowed to live rent-free for three years. 'Why didn't you talk to the council?" Mr. Oakes asked. '1\ lot of taxpayers are tired of this." Members of the City Council also offered strong opinions on Mr. Sciorra's work.

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"On Sept. 27, I sent an email requesting the city manager resign," Deputy Mayor Michael D. Morley said. '1 will ask him again tonight to resign." Mr. Sciorra did not Morley's request. respond to Mr.

'We would not be having this conversation at all if the city manager had been open and honest with the council," Mayor WilliamD. Nelson said. 'The ultimate responsibility for 819 Knox St. lies solely with the city manager." Mr. Sciorra did not accusations. comment on the

'This constant rehash prior to the attorney's report is only serving to misguide the community;" Mr. Sciorra said Wednesday when asked to respond to the comments about him made Tuesday. "Let's get the report." He declined further comment. Also appearing Tuesday was Kathleen R. Wade, who took issue with Mr. Sciorra's handling of the sale of 819 Knox St. to its occupants. 'As a taxpayer, I am appalled at what is going on in City Hall," Mrs. Wade said. "It appears that the city manager has signed a sales agreement for the purchase price of $2,000. Is there a section in our city charter that allows this to go on?" Mrs. Wade also clarified Mr. Sciorra's knowledge and involvement in the expansion of the Main Street Grant program's marina district. Mr. Sciorra said previously that Mr. Woods expanded the district without his knowledge or permission and suggested that Mrs. Wade has lied to the media about the matter. 'We are telling the truth regarding our contact with city officials," Mrs. Wade said. "It is very clear that the city manager knew about this. For him to say he did not know what was going on is shameful." Mr. Woods capped off an unusually long list of citizens addressing the council. 'This environment has become toxic to work in," Mr. Woods said. '1 hope as council you take the steps necessary to clean up the work environment so that city staff can get back to the more important work of cleaning up and revitalizing the city itself."
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11/29/2011 08:53 AM

Gilles R. R. Abitbol, Esq.
ATTORNEY AT LAW
Corporation Law LL.M, New York University School of Law U.S. Taxation Law LL.M, New York University School of Law Maitre en Droit des Affaires de l'Universite Assas- Paris II, France Maitre en Droit Judiciaire Prive de l'Universite Assas- Paris II, France Admitted to the New York State Bar Admitted to the United States Northern District Court of New York Member of the Onondaga County Bar Association Member of the New York State Bar Association

EXHIBIT 4

Daily Courier-Observer

I OgderT'urg

Meeting With Sciorra Contentious .

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Ogdensburg Meeting With Sciorra Contentious
By CHRISTOPHER ROBBINS FRIDAY, OcrOBER 14, 2011

OGDENSBURG Ogdensburg City Manager Arthur J. Sciorra sat silently at Tuesday's council session as a hostile audience called for his job.

ARTICLE OPTIONS

"The city manager has pointed fingers at everybody," said Douglas W. Loffler. "We need new leadership at the top. We need transparency and accountability, not finger-pointing and innuendo." Mr. Sciorra has spread blame among several members of city staff for problems with Ogdensburg's housing programs, including outgoing Director of Planning and Development J. Justin Woods, City Comptroller Philip A Cosmo and former city attorney Kathleen H. Wears. Mr. Loffler was among many citizens who addressed the council at the beginning of its meeting. John Oakes, another Ogdensburg resident, took the manager to task for not briefing the council about the city-owned 819 Knox St. property, where a family was allowed to live rent-free for three years.
You may use this copy for your personal, non-commercial use only. Redistribution or repurposing without express written permission of the Watertown Daily Times is strictly prohibited. Copyright. Watertown Daily Times, Inc., Watertown, NY. All rights reserved. L~.

"Why didn't you talk to the council?" Mr. Oakes asked, "Alot of taxpayers are tired of this." Members of the city council also offered strong opinions on Mr. Sciorra's work. "On Sept. 27 I sent an e-mail requesting the city manager resign," said Deputy Mayor Michael D. Morley. "I will ask him again tonight to resign." Mr. Sciorra did not respond to Mr. Morley's request. "We would not be having this conversation at all if the city manager had been open and honest with the council," said Mayor William D. Nelson. "The ultimate responsibility for 819 Knox st. lies solely with the city manager." Mr. Sciorra did not comment on the accusations. "This constant rehash prior to the attorney's report is only serving to misguide the community," Mr. Sciorra said Wednesday when asked to respond to

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the comments about him made Tuesday. "Let's get the report" He declined further comment. Also appearing Tuesday was Kathleen R Wade, who took issue with Mr. Sciorra's handling of the sale of 819 Knox St, to its occupants.
"As a taxpayer, I am appalled at what is going on in City Hall," said Mrs. Wade. "It appears that the city manager has signed a sales agreement for the purchase price of $2,000. Is there a section in our city charter that allows this to go on?"

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Mrs. Wade also clarified Mr. Sciorra's knowledge and involvement in the expansion of the Main Street Grant program's marina district. Mr. Sciorra said previously that Mr. Woods expanded the district without his knowledge or permission and suggested that Mrs. Wade has lied to the media about the matter. "We are telling the truth regarding our contact with city officials," said Mrs. Wade. "It is very clear that the city manager knew about this. For him to say he did not know what was going on is shameful." Mr. Woods capped off an unusually long list of citizens addressing the council. "This environment has become toxic to work in," said Mr. Woods. "I hope as council you take the steps necessary to clean up the work environment so that city staff can get back to the more important work of cleaning up and revitalizing the city itself."
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11/18/2011

Gilles R. R. Abitbol, Esq.
ATTORNEY AT LAW
Corporation Law LL.M, New York University School of Law U.S. Taxation Law LL.M, New York University School of Law Maitre en Droit des Affaires de l'Universite Assas- Paris II, France Maitre en Droit ludiciaire Prive de l'Universite Assas- Paris II, France Admitted to the New York State Bar Admitted to the United States Northern District Court of New York Member of the Onondaga County Bar Association Member of the New York State Bar Association

EXHIBIT 5

CITY OF OGDEI"-JSBU1(G, NEW YORI(
CITY HALL
a

330 FORD STREET

(lJ

OGDENSBURG,

NEWYORK 13669

Office of the Mayor \Nilliam D. Nelson, Mayor

(315) 393-1130 E-mail: wnelson@ogdensburg.org

October 28,2011

City Council City of Ogdensburg Ogdensburg, New York 13669

Dear Council Members: I am calling a special meeting of the City Council on Tuesday, November at 7:00 p.m. in the City Hall Council Chambers on thefollowing topic: See attached Agenda. 1, 2011

WDN/kab Cc: City Manager Phil Cosmo Media

Councillor Cilley

Councillor Morley

Councillor Powers

Councillor Skamperle

Councillor Vaugh

AGENDA SPECIAL Council Meeting Tuesday, November 1,2011 7:00 P.M.

I. II. III.

Call to Order Pledge of Allegiance Presentation 1. City Attorney's Review of C-14 Investigation Report

IV. V.

Personal Appearance Items for Council Action 1. Preliminary resolution to suspend and remove Arthur J. Sciorra as Ogdensburg City Manager. (Agenda Bill #74) 2. Resolution to appoint Interim City Manager. (Agenda Bill #75)

VI. VII.

Executive Session Adjournment

Business of the City Council City of Ogdensburg SUBJECT: Preliminary resolution to suspend and remove City Manager FOR AGENDA OF 11/1711 BILL #74 DEPT OF ORIGIN: Mayor Nelson DATE SUBMITTED: 10/31111 CLEARANCES: APPROVED AS TO FORM BY CITY ATTORNEY EXHIBITS: Resolution APPROVED BY CITY ADMIN. FOR SUBMITTAL EXPENDITURE REQUIRED: AMOUNT BUDGETED: 0 APPROPRIATION REQUIRED: _

SU~YSTATEMENT A preliminary resolution to suspend and remove Arthur J. Sciorra as Ogdensburg City Manager. RECOMMENDED ACTION Approval of Resolution. MOVED BY: VOTE ON ROLL CALL: MAYOR NELSON COUNCILLOR CILLEY COUNCILLOR MORLEY COUNCILLOR POWERS COUNCILLOR COUNCILLOR SKAMPERLE COUNCILLOR VAUGH _ SECONDED BY: _

A PRELIMINARY RESOLUTION TO SUSPEND AND REMOVE ARTHUR J. SCIORRA AS OGDENSBURG CITY MANAGER

WHEREAS Ogdensburg City Manager Arthur J. Sciorra has intentionally misrepresented his knowledge or and role in decisions about several programs to the Ogdensburg City Council and intentionally issued a number of false public statements, including blaming City Comptroller Phillip Cosmo for being responsible for allowing residents to live rent-free in City property; and WHEREAS video recordings of the City Council meeting on October 24, 2011 provide documented evidence that Mr. Sciorra admitted to lying to City Councilor Michael Morley; and WHEREAS the City Council has lost faith in the ability of Mr. Sciorra to effectively manage and represent the City of Ogdensburg; and WHEREAS the City Council has lost its trust and confidence in the City Managers ability to carry out his powers and duties outlined in the City Charter Section C-19 in a manner satisfactory to the City Council, and WHEREAS the City Council finds that Mr. Sciorra violated the terms of his employment contract by failing to uphold the Ogdensburg City Charter and by violating the International City Manager's Association Code of Ethics, and WHEREAS, said actions warrant the termination Ogdensburg City Manager; and of Mr. Sciorra's employment contract as

WHEREAS, Section C-20 of the Ogdensburg City Charter governs the process for removing the City Manager from office; and WHEREAS, Section C-20 in its entirety states that:

The Council may remove the City Manager from office in accordance with the following procedures: A. The City Council shall adopt by an affirmative vote of a majority of all of its members, a preliminary resolution which must state the reasons for removal and may suspend the City Manager from duty for a period not to exceed 45 days. A copy of this resolution shall be delivered promptly to the City Manager.
B.

Withinfive days after a copy of the resolution is delivered to the City Manager, he or she may file a written request for a public hearing with the city council. This hearing shall be held at a City Council meeting not earlier than 15 days no later than 30 days after the request is filed. The City Manager may file with the City Council a written reply not later than five days before the hearings

C. The City Council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all of its members at any time after five days from the date when a copy of the preliminary resolution was delivered to the City Manager, if he/she has not requested a public hearing, or at any time after the public hearing if he/she has requested one. D. The City Manager shall continue to receive compensation until the effective date of a final resolution of removal. The action of the City Council in suspending or removing the City Manager shall not be subject to review by any court or agency; and NOW THEREFORE BE IT RESOLVED thalthe Ogdensburg City Council hereby makes this preliminary resolution to terminate Mr. Sciorra's employment contract as City Manager for failing to uphold his powers and duties as outlined in Section C-19 of the City Charter. BE IT FURTHER RESOLVED that the reasons for removal are that Mr. Sciorra, as the Chief Executive Officer and Chief Administrative Officer of the City, failed to uphold and was negligent in his specific duties to: 1. Be responsible to the City Council for the administration all City affairs, See Section C19(A)(l). Documented evidence shows the City Manager was less than forthcoming about his knowledge of and role in decisions made in the City's Neighborhood Stabilization Program and the Ogdensburg Growth Fund Development Corporation's New York Main Street Grant Programs. 2. Direct and supervise the administration of all departments, offices and agencies of the City, See Section C-19(A)(3). Mr. Sciorra provided conflicting statements about his knowledge of decisions in these programs and rather than accept responsibility for supervising departments, Mr. Sciorra has blamed the Comptroller, City Attorney and Director of Planning for all of the shortcomings in the administration of grant programs. The City Council specifically finds documented evidence that Mr. Sciorra was not truthful in his statements, and further finds that Mr. Sciorra was negligent in his duties to direct and supervise City staff, departments, grant programs, and the acquisition, management and disposition of real estate acquired through tax sale foreclosure. 3. See that all laws, provisions of the Charter, resolutions, ordinances, local laws and acts of the City Council are faithfully executed, See Section C-19(A)(5). Mr. Sciorra failed to ensure that his departments followed Chapter 11 of the City Charter governing the sale and lease of City-owned real estate and failed to ensure that his departments followed the NSP disposition procedures approved by the City Council. While there may have been legitimate reasons to deviate from the NSP procedures as drafted, the City Manager was negligent of his duties by failing to notify Council of deviations from the approved procedures and failing to seek the Council's approval to amend the procedures.

4. Make reports as the City Council may require concerning the operations of City departments, offices and agencies under the Manager's direction and supervision, See Section C-19(A)(8). Documented evidence shows that when asked about grant programs and specific properties, Mr. Sciorra was not truthful about his knowledge of or role in the decisions leading up to deviations from the Charter and approved Council procedures. Mr. Sciorra also failed to provide a complete report on the matter when requested, and he failed to provide an honest accounting of his activities. 5. Subject to City Council approval, to negotiate and grant leases, licenses and permits for the use of all City lands, structures, facilities and appurtenances, See Section C19(A)(II). Mr. Sciorra executed purchase and sales agreements for 819 Knox Street and 2 Grove Street without the approval of City Council. 1 BE IT FURTHER RESOLVED that the City of Ogdensburg pays for the City Manager's ICMA dues and in return, the Manager pledges to uphold the ICMA's professional Code of Ethics, which states that manager must be committed to equity, transparency, integrity, stewardship of public resources, political neutrality, and respect for the rights and responsibility of elected officials and residents. Mr. Scion-a's actions have not demonstrated his commitment to the ICMA ideals, but rather, displayed a lack of professionalism necessary to warrant the community's trust and confidence necessary to occupy the position of City Manager. Specifically, Mr. Sciorra appears to have violated the following tenants of the leMA Code of Ethics: Tenet 3 - Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the member may merit the respect and confidence of the elected officials, of other officials and employees, and of the public. Tenet 4 - Recognize that the chieffunction of local government at all times is to serve the best interests of all people. Tenet 5 - Submit policy proposals to elected officials; provide them with facts and advice on matters of policy as a basis for making decisions and setting community goals; and uphold and implement local government policies adopted by elected officials. Tenet 6 - Recognize that elected representatives of the people are entitled to the credit for the establishment of local government policies; responsibility for policy execution rests with the members. Tenet 8 - Make it a duty continually to improve the member's professional ability and to develop the competence of associates in the use of management techniques.

Tenet 9 - Keep the community informed on local government affairs; encourage communication between the citizens and all local government officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. Tenet 11 - Handle all matters of personnel on the basis of merit so that fairness and impartiality govern a member's decisions, pertaining to appointments, pay adjustments, promotions, and discipline; and

BE IT FURTHER RESOLVED that for the reasons enumerated above, the Ogdensburg City Council hereby: 1. States its intent to remove Mr. Sciorra from the position as City Manager of the City of Ogdensburg for cause, and without severance pay; 2. Suspends Mr. Sciorra as City Manager, effective immediately, and, in accordance with the City Charter, with compensation until the effective date of a final resolution of the removal proceedings; 3. Directs the City Clerk to furnish a copy of this resolution to Mr. Sciorra, in accordance with the City Charter Section C-20(D), Removal from Office; and Directs the City Clerk to furnish a copy of this resolution along with and a copy of Attorney Silver's investigation report to Martha Perego, lCMA's Director of Ethics, for the purpose of filing a complaint with the lCMA Committee on Professional Conduct;

Business of the City Council City of Ogdensburg SUBJECT: Resolution to Appoint Interim City Manager FOR AGENDA OF 11/1/11 BILL #75 DEPT OF ORIGIN: Mayor Nelson DATE SUBMITTED: CLEARANCES: APPROVED AS TO FORM BY CITY ATTORNEY EXHIBITS: Resolution

10/31/11
_

APPROVED BY CITY ADMIN. FOR SUBMITTAL

EXPENDITURE REQUIRED:

AMOUNT BUDGETED:

0

APPROPRIATION REQUIRED:

SUMMARY STATEMENT

A resolution appointing an Interim City Manager, effective November 2,2011. RECOMMENDED ACTION

Approval of Resolution.

MOVED BY: ------VOTE ON ROLL CALL: MAYOR NELSON COUNCILLOR COUNCILLOR COUNCILLOR CILLEY MORLEY POWERS

SECONDED BY:

------------

COUNCILLOR COUNCILLOR COUNCILLOR SKAMPERLE VAUGH

RESOLUTION TO APPOINT INTERIM CITY MANAGER

WHEREAS, a vacancy November 2,2011, and

ill

the position of City Manager will exist, effective

WHEREAS, the City Council desires to appoint an Interim City Manager up to and until the effective appointment date of the new City Manager, NOW THEREFORE, BE IT RESOLVED, that Philip A. Cosmo is hereby appointed Interim City Manager, effective November 2, and BE IT FURTHER RESOLVED, that a stipend will be agreed upon by Council, above his regular salary, for the full term of the Interim City Manager, and BE IT FURTHER RESOLVED, appropriated from the Contingency Account. that funds to accommodate said stipend be

Gilles R. R. Abitbol, Esq.
ATTORNEY AT LAW
Corporation Law LL.M, New York University School of Law U.S. Taxation Law LL.M, New York University School of Law Maitre en Droit des Affaires de l'Universite Assas- Paris II, France Maitre en Droit Judiciaire Prive de l'Universite Assas- Paris II, France Admitted to the New York State Bar Admitted to the United States Northern District Court of New York Member of the Onondaga County Bar Association Member of the New York State Bar Association

EXHIBIT 6

Watertown Daily Times I Ogden ··rrg mayor drafts resolution to terminer"

~tymanager

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Ogdensburg mayor drafts resolution to terminate city manager
knox street report: Resolution seeks to remove beleaguered city manager
By CHRISTOPHER ROBBINS TIMES STAFF WRITER TUESDAY, NOVEMBER 1, 2011

OGDENSBURG - Mayor ARTICLE OPTIONS William D. Nelson has submitted a resolution to the City Council calling for the suspension and removal of City Manager Arthur J. Sciorra. "(Mr. Sciorra) has intentionally misrepresented his knowledge orland role in his decisions about several programs to the Ogdensburg City Council," writes Mr. Nelson, "and intentionally issued a number of false public statements." Mr. Nelson's resolution will be considered by the council during Tuesday's special meeting. One staunch ally, Deputy Mayor Michael D. Morley, supports the call for Mr. Sciorra's termination. "I've called for him to resign," said Mr. Morley. "I told him not to make me fire him, so yes, now I am calling for his termination." Mr. Sciorra has recently been embroiled in controversy surrounding a city-owned property at 819 Knox St. where a family had been allowed to live for three years without paying rent ortaxes. After initially claiming no knowledge of the problems and blaming former city planner J. Justin Woods for allowing the property to slip through the cracks, Mr. Sciorra also singled out City Comptroller Philip A. Cosmo and former city attorney Kathryn H. Wears for the failure in oversight. Mr. Nelson called for the city manager's resignation at the end of September. His call for termination comes after reviewing a report compiled by City Attorney Andrew W. Silver, which was opened by the council on Friday and reviewed over the weekend. "I looked at all the documents before, and my conclusions are the same," Mr. Nelson said Monday.

Excellus

+"

You may use this copy for your personal, non-commercial use only. Redistribution or repurposing without express written permission of the Watertown Daily Times is strictly prohibited. Copyright. Watertown Daily Times, Inc., Watertown, NY. All rights reserved.

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019846

11/18/2011

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He said the report only strengthened his views that it was time for the city manager to go. Mr. Nelson said Mr. Sciorra violated the terms of his employment by failing to uphold the city charter and violating the code of ethics of the International City Manager's Association, the professional organization which represents civil servants. His resolution states that this provides cause for termination, thus freeing the city from paying Mr. Sciorra's hefty severance. Under Mr. Sciorra's contract, he is entitled to sixth months' severance pay, to be given in a lump sum, if he is terminated without cause. "The city manager has been dishonest and bears responsibility for this," said Mr. Morley. "Without being specific, I believe that my position is strengthened." Not every councilor read the same thing in the report. "This report does not implicate him at all," said Councilor Daniel E. Skamperle. "The devil himself wouldn't implicate him after reading this report." Mr. Skamperle believes the debate over Mr. Sciorra's responsibility for allowing the 819 Knox St. situation to continue has been over blown for political reasons. "This nonsense over the last three weeks is completely political because he did nothing wrong," said Mr. Skamperle. "He did his job and other people did not do their job." Mr. Skamperle blames the Mr. Woods for the situation, as does Councilor Nicholas J. Vaugh. "This report clears himioo percent and puts the blame squarely on Mr. Woods, and that is what I have been saying since day one," said Mr. Vaugh. In a separate resolution, Mr. Nelson proposes appointing Mr. Cosmo as interim city manager. Mr. Cosmo also held the post prior to Mr. Sciorra's hiring in 2006. Mr. Vaugh says that Mr. Cosmo must shoulder some of the blame for the 819 Knox St. problem, since the property was part of his responsibility after the city took title to it in 2009. "I think you also have to look at Mr. Cosmo and his responsibilities as comptroller and assistant city manager," said Mr. Vaugh. "He was directed to do things by the city manager and he didn't accomplish them." Despite the resolution for termination, Mr. Sciorra thinks that the city attorney's report vindicates him. "From my point of view, this report completely clears me," said Mr. Sciorra. "I can't imagine how anyone can see any other way. I am so confident in that, that I feel that every word and every page should be released to the public."
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http://www.watertowndailytirnes.com/article/20111101INEWS051711019846

11118/2011

Gilles R. R. Abitbol, Esq.
ATTORNEY AT LAW
Corporation Law LL.M, New York University School of Law U.S. Taxation Law LL.M, New York University School of Law Maitre en Droit des Affaires de l'Universite Assas- Paris II, France Maitre en Droit ludiciaire Prive de l'Universite Assas- Paris II, France Admitted to the New York State Bar Admitted to the United States Northern District Court of New York Member of the Onondaga County Bar Association Member of the New York State Bar Association

EXHIBIT 7

Daily Courier-Observer

I Mayor,"

lson's Resolution Calls For Sciorra Rei··· val

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Mayor Nelson's Resolution Calls For Sciorra Removal
By CHRISTOPHER ROBBINS
TUESDAY, NOVEMBER 1, 2011

OGDENSBURG Mayor ARTICLE OPTIONS William D. Nelson has ~ submitted a resolution to the City Council calling for the suspension and removal of City Manager Arthur J. Sciorra. "(Mr. Sciorra) has intentionally misrepresented his knowledge or/and role in his decisions about several programs to the Ogdensburg City Council," writes Mr. Nelson, "and intentionally issued a number of false public statements." Mr. Nelson's resolution will be considered by the council during Tuesday's special meeting. One staunch ally, Deputy Mayor Michael D. Morley, supports the call for Mr. Sciorra's termination. "I've called for him to resign," said Mr. Morley. "I told him not to make me fire him, so yes, now I am calling for his termination." Mr. Sciarra has recently been embroiled in controversy surrounding a city-owned property at 819 ---,Kn.ox St. where a family had been allowed to live for hree years without paying rent or taxes.
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You mayusethiscopyforyour personal, on-commerdal n useonly. Redistribution repurposing ithout or w After initially claiming no knowledge of the express writtenpermissionfthe o nroblems and blaming former city planner J. Justin Watertown aily D Times isstrictly !" prohibited. Woods for allowing the property to slip through the Copyright. Watertown aily D Times,nc., cracks, Mr. Sciorra also singled out City Comptroller l LW_a_t_ert_ow_n_,_N_Y_. _A_ll_ri_gh_ts_re_s_erv_ed_'_--"Philipand former city attorney Kathryn H. A. Cosmo Wears for the failure in oversight.

Mr. Nelson called for the city manager's resignation at the end of September. His call for termination comes after reviewing a report compiled by City Attorney Andrew W. Silver, which was opened by the council on Friday and reviewed over the weekend. "I looked at all the documents before, and my conclusions are the same," Mr. Nelson said Monday. He said the report only strengthened his views that it was time for the city manager to go.

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-lson's Resolution Calls For Sciorra Rff

rval

Page 2 of3

Mr. Nelson said Mr. Sciorra violated the terms of his employment by failing to uphold the city charter and violating the code of ethics of the International City Manager's Association, the professional organization which represents civil servants. His resolution states that this provides cause for termination, thus freeing the city from paying Mr. Sciorra's hefty severance. Under Mr. Sciorra's contract, he is entitled to sixth months' severance pay, to be given in a lump sum, if he is terminated without cause. "The city manager has been dishonest and bears responsibility for this," said Mr. Morley. "Without being specific, I believe that my position is strengthened. " Not every councilor read the same thing in the report. "This report does not implicate (Mr. Sciorra) at all," said Councilor Daniel E. Skamperle. "The devil himself wouldn't implicate (Mr. Sciorra) after reading this report." Mr. Skamperle believes the debate over Mr. Sciorra's responsibility for allowing the 819 Knox St. situation to continue has been over blown for political reasons. "This nonsense over the last three weeks is completely political because (Mr. Sciorra) did nothing wrong," said Mr. Skamperle. "He did his job and other people did not do their job." Mr. Skamperle blames Mr. Woods for the situation, as does Councilor Nicholas J. Vaugh. "This report clears (Mr. Sciorrajroo percent and puts the blame squarely on Mr. Woods, and that is what I have been saying since day one," said Mr. Vaugh. In a separate resolution, Mr. Nelson proposes appointing Mr. Cosmo as interim city manager. Mr. Cosmo also held the post prior to Mr. Sciorra's hiring in 2006. Mr. Vaugh says that Mr. Cosmo must shoulder some of the blame for the 819 Knox St. problem, since the property was part of his responsibility after the city took title to it in 2009. "I think you also have to look at Mr. Cosmo and his responsibilities as comptroller and assistant city manager," said Mr. Vaugh. "He was directed to do things by the city manager and he didn't accomplish them." Despite the resolution for termination, Mr. Sciorra thinks that the city attorney's report vindicates him. "From my point of view, this report completely clears me," said Mr. Sciorra. "I can't imagine how anyone can see any other way. I am so confident in that, that I feel that every word and every page should be released to the public." He said he does not think it's fair for council members to color what's in the document with their own perceptions.

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11118/2011

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I Mayor

(

'son's Resolution Calls For Sciorra Re

val

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"The public should be able to read it for themselves," he said.
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http://www.mpeourier.eom/article/20

1111 0 1IDCOO 1/311 0 19967/-1/ deoO1

11118/2011

Gilles R. R. Abitbol, Esq.
ATTORNEY AT LAW
Corporation Law LL.M, New York University School of Law U.S. Taxation Law LL.M, New York University School of Law Maitre en Droit des Affaires de l'Universite Assas- Paris II, France Maitre en Droit Judiclaire Prive de l'Universite Assas- Paris II, France Admitted to the New York State Bar Admitted to the United States Northern District Court of New York Member of the Onondaga County Bar Association Member of the New York State Bar Association

EXHIBIT 8

Watertown Daily Times I Ogdensburg

uncilors ...

http://www.wtttowndailytimes.com/article/2

01 ...

m,Wasbef';~Not'm Spinning?

Fridge Not Cold Enough?
introductory to Chicago. rare

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Ogdensburg councilors debate the cost of firing city manager
Cost of concern: Members disagree whether there's cause
By CHRISTO PHER RO BBINS TIMES STAFF WRITER SUNDAY, OCTOBER 16,2011
ARTICLE OPTIONS OGDENSBURG - With calls for resignation and the results of an AA investigation on the way, city councilors must decide whether to fire City Manager Arthur J. Sciorra. The city, however, may be forced to pay a heavy toll if it decides to do so.
A

Experience the new

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Mr. Sciorra's employment contract requires the city to pay him a lump sum of six months' salary as well as six months of insurance benefits if he is fired without cause. Mr. Sciorra is paid $99,748 annually. 'The terms are fairly generous, but seem to be in line with those in similar positions elsewhere," Councilor R. Storm Cilley said. 'The question would be what constitutes cause." Some on the City Council say they believe City Attorney Andrew W Silver's investigation into the matter of 819 Knox St. will find cause to fire the city manager. Mr. Silver plans to deliver his report to councilors Friday.
'1 think there are some members of the council who are still waiting for the report and who will not say yes or no," Deputy Mayor Michael D. Morley said. '1 hope the report will help them make up their minds. If they're honest, in the end they'll say it is time for him to go."

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However, other councilors balk at the cost of firing Mr. Sciorra if cause is not

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11/29/2011 08:22 AM

Watertown Daily Times I Ogdensburg'
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01 ...

"It is a heck of a lot more than taxpayers lost on the property at 819 Knox St.," Councilor Daniel E. Skamperle said. 'The only thing they really lost was three years of water and sewer, which at most would come to $1,800. It doesn't seem like the numbers would justify that."

City leaders allowed a family to live in 819 Knox St. without paying rent or taxes for three years. In August, the City Council asked Mr. Silver to investigate how this was allowed to happen and who was responsible. Councilor Nicholas ]. Vaugh is skeptical that the city attorney's report would find cause to fire Mr. Sciorra. "I don't think we have cause," Mr. Vaugh said. "I would not support terminating him without cause." Mr. Morley said the city already reason enough to part ways with Sciorra. has Mr.

"If we have cause, he gets nothing," Mr. Morley said. "I think lying to us is cause enough. I think signing illegal leases and purchase agreements is cause enough. I think collecting rent illegally is cause enough. We have tons of cause because he has been irresponsible." At the Tuesday council meeting, members set a public hearing on a lease signed by Mr. Sciorra and the occupants of the Knox Street house. From the city attorney's interpretation, the document is not legal and binding until it is heard and voted on by the council, but the city has started collecting rent from the family. 'The process was illegal," Mr. Morley said. "(Mr. Sciorra) knows the process. We've done it in other places. To violate the process now is indefensible." Mr. Skamperle said he might support firing the city manager if the report finds cause. "It looks like there's a couple of members of council that have been trying to rush this whole thing along rather than take a good look at the situation," Mr. Skamperle said. '1 would have to see what kind of report we have." . Mr. Vaugh said he would not support firing Mr. Sciorra. 'The progress made in this city over the past years has been tremendous, and Mr.

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Sciorra was the figurehead for that," Mr. Vaugh said. "Overall. he has been a leader for the community and I think he has been one of our greatest assets." Regardless of the results of the report, Mr. Cilley said, Mr. Sciorra will have difficulty continuing to work for Ogdensburg. 'The city manager and each councilor must ask themselves whether or not Mr. Sciorra can effectively continue to manage the city and regain the confidence and respect of the council and citizens," Mr. Cilley said. "I think that it will be very difficult if not impossible for him to do that."
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ow

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3 of 3

11/29/2011 08:22 AM

Gilles R. R. Abitbol, Esq.
ATTORNEY AT LAW
Corporation Law LL.M, New York University School of Law U.S. Taxation Law LL.M, New York University School of Law Maitre en Droit des Affaires de l'Universite Assas- Paris II, France Maitre en Droit ludiciaire Prive de l'Universite Assas- Paris II, France Admitted to the New York State Bar Admitted to the United States Northern District Court of New York Member of the Onondaga County Bar Association Member of the New York State Bar Association

EXHIBIT 9

Watertown Daily Times I Grove Stree,_ :operty al...

http://www.w~~towndailytimes.com/article/2

0 1...

Grove Street property also being investigated by Ogdensburg council
NEW PROPER'IY: City Manager may not have followed policy in sale of another house renovated with grant
By CHRISTOPHER ROBBINS TIMES STAFF WRITER WEDNESDAY, OCTOBER 19,2011

OGDENSBURG - The city's housing program woes go beyond the property at 819 Knox St.

ARTICLE OPTIONS

The sale of city-owned property at 2 Grove St. is also the subject of a City Council investigation because the city's policy for selling city-owned property may not have been followed by City Manager Arthur J. Sciorra. 'We're making sure procedures were being followed in the selection of the buyer," said Deputy Mayor Michael D. Morley. '1 want to make sure it went through the lottery." Like 819 Knox St., the house at 2 Grove St. was inhabited by renters when the city moved to take title to the property in June 2007 for nonpayment of taxes. The tenants on Grove Street were also allowed to remain in their home for a time while the city owned it. In a July 2008 memorandum, former City Attorney Katherine H. Wears wrote that the city planner and the manager allowed the resident to stay there through the month to try to secure financing to buy the property. However, city council members were not briefed by the city manager about the issue. '1 had no idea anybody was living in it,"

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1 of 3

11/25/2011 08:59 AM

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0 1 ...

said Mr. Morley. "If we were doing that, it was something that got by me." According to Mrs. Wears's memo, the tenants were required to pay rent to the city during their time in the house. When the family was not able to arrange financing, the city evicted them . .'They paid rent and tried to find the money;" said City Comptroller Philip A_ Cosmo. 'Then we kicked them out." Less than a year later, tenants at 819 Knox St. were allowed to live in a city-owned property rent- and tax-free for three years while the city renovated the house.
"It (the Grove Street foreclosure) was before the Neighborhood Stabilization Program came into effect," Mr. Morley said.

By the time the property entered program, the tenants had left.

the

'When the property came to the housing program, it was empty;" said J. Justin Woods, former city planner, "compared to 819 Knox St., which had residents when it came to the program." James A. O'Neill, president of C.W Augustine, the DeKalb Junction firm that administers Ogdensburg's housing program, said that he couldn't imagine tenants living in the house. "It was a tax foreclosure that didn't look like it was livable," said Mr. O'Neill. 'When we came on the scene, 2 Grove St. was vacant." The building was originally slated for demolition. However, in 2010 it was renovated using more than $59,000 in U.S. Department of Housing and Urban Development Neighborhood Stabilization Program funds. 'When the program was originally designed, there were a number of houses that were scheduled to be rehabilitated that went south in the interim while we waited for funding," said Mr. O'Neill. 'Those houses that they originally intended to rehabilitate ended up having to be demolished. We were desperate to find something because we had to meet the goals under the program. Because 2 Grove St. was small, we could do an extensive rehabilitation for a fairly reasonable amount of money." Through June 2011, the city spent over $105,000 rehabilitating the property,

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according to documents from Ogdensburg's housing program. 'The back addition of the property was demolished and the original portion was rehabilitated," Mr. Woods said. Before the rehabilitation, the house was assessed at $21,900. This year's city taxes were also paid using Neighborhood Stabilization program funds. The house now has an assessed value of $71,300, according to Assessor's Office records. Mr. Sciorra told City Council members he would bring the sale of the property before them in September. 'We were told probably late May; early June that there would be two purchase agreements coming to us for 2 Grove St. and 819 Knox St.," Mr. Morley said. '1 said, 'Who purchased them and how?' I wanted to know what was going on." Mr. Morley asked for the sales process to be investigated after it appeared that Mr. Sciorra was signing purchase agreements for the properties without following City Council policy, which requires that rehabilitated properties be put into a lottery where eligible buyers are selected at random. '1 believe we did have a purchase agreement," Mr. O'Neill said. "It hasn't sold. We're waiting on the city. There's a whole ordeal over the sales procedure." Mr. Morley through. believes the sale fell

'1 know there was a purchase agreement talked about, but we've never seen it," Mr. Morley said. '1 think it was another one of those deals where Mr. Sciorra and Mr. Woods had an owner picked out without going through the lottery. The whole 819 Knox St. affair broke, the guy got scared and backed ou t of the deal." Mr. Sciorra declined comment Tuesday.
SHOW COM MENTS(5}

3 of 3

11/25/2011 08:59 AM

Gilles R. R. Abitbol, Esq.
ATTORNEY AT LAW
Corporation Law LL.M, New York University School of Law U.S. Taxation Law LL.M, New York University School of Law Maitre en Droit des Affaires de l'Universite Assas- Paris II, France Maitre en Droit Judiciaire Prive de l'Universite Assas- Paris II, France Admitted to the New York State Bar Admitted to the United States Northern District Court of New York Member of the Onondaga County Bar Association Member of the New York State Bar Association

EXHIBIT 10

Watertown Daily Times [Oqdensburq

.nmcil unh ...

http://www.w·L.rtowndailytimes.com/article/2 0 1...

Ogdensburg council unhappy over release of Knox Street investigation
OGDENSBURG COUNCIL: Members deny sending document to press before officially released
By CHRISTOPHER ROBBINS TIMES STAFF WRITER THURSDAY, NOVEMBER 3, 2011

OGDENSBURG - The ARTICLE OPTIONS revelation that city Attorney Andrew W AAA Silver's report into the handling of two city-owned properties was leaked to the media has sown seeds of distrust among members of Ogdensburg's council. '1 have no trust in some of the men I'm working with," said Deputy Mayor Michael D. Morley. 'This council is at a standstill as far as what is going to happen." The report was the culmination of an investigation into the sale of properties at 819 Knox St. and 2 Grove St. The City Council initiated the investigation in August after it was revealed that a family lived in one of the houses for three years without paying rent or taxes to the city. Though many on the council have called for the resignation of City Manager Arthur J. Sciorra as a result of the fiasco, the report does not directly cast blame for the lapsed oversight on Mr. Sciorra, some members of the council have said. 'This report doesn't implicate (Mr. Sciorra)," said Councilor Daniel E. Skamperle, who said he did not leak the report to the press. '1 have no idea who leaked the report." The Times received the first 14 pages of

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Mr. Silver's

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the report, consisting of summary, Monday evening.

'When our investigation is compromised either through political ideology or sheer ignorance, it is unacceptable, whether it be an employee of Ogdensburg or a member of the council," said Councilor Michael B. Powers, who also denied leaking the report. Councilor R. Storm Cilley also denied being the leak.
'1 am not sure who leaked the report," he said. "However, the truth usually surfaces sooner or later."

Contained in the summary are references to a series of emails from January 2010, in which Mr. Sciorra repeatedly asks for City Comptroller Philip A. Cosmo, then-city planner J. Justin Woods and former interim city attorney A. Michael Gebo to either obtain a lease for the property or evict the tenants living there. Also in the summary are references to an Oct. 21 affidavit signed by Mr. Gebo describing instructions from Mr. Woods not to proceed with eviction and not to seek a lease. Some on the City Council say that these two pieces of evidence do not exonerate Mr. Sciorra from culpability. "Per the charter, only one person is allowed to make lease agreements," said Mr. Morley. "Only one person can, and that is Art. You can't just give that job to somebody because no one else is allowed to do it." Mr. Morley said that Mr. Gebo's affidavit is unconvincing because Mr. Woods did not have the authority to prevent him from evicting the tenants or obtaining a lease. "If (Mr. Gebo) was given an email by Art talking about a lease and (Mr. Sciorra) indicated that he did tell Gebo to get a lease, I would think that the city manager trumps the city planner," said Mr. Morley. "It doesn't add up." Others say that it is clear Mr. Sciorra cannot be held responsible for the problems with Ogdensburg's housing program. "The report alludes to the fact that (Mr. Sciorra) was at least doing his job, though he could have done it better," said Mr. Skamperle. "It looks to me that Phil and Art were both doing their job, but somebody was directly trying to deceive them. That

2 of 4

11/25/2011 09:51 AM

Watertown Daily Times I Oqdensburg
was (Mr.Woods)."

»uncil unh...

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1...

Councilor Nicholas]. Vaugh said that the emails and the affidavit from Mr. Gebo provide undeniable evidence that Mr. Sciorra did no wrong, and that Mr. Cosmo's behavior warrants further scrutiny. "(Mr. Sciorra) directs Mr. Cosmo to seek Mr. Gebo to begin the eviction process," he said. 'The city manager tried to follow policy. We need to ask (Mr. Cosmo) why he failed to do that." Mr. Vaugh, who also denied leaking the report, also stated that the affidavit from Mr. Gebo puts the blame squarely on Mr. Woods. "Mr.Woods on several occasions told him to stop the eviction process and to stop trying to collect rent," said Mr. Vaugh. "You can't get much clearer than that." The report does find that city policy was violated when the sale of both properties was arranged. The policy requires that each city-owned Neighborhood Stabilization property be entered into a lottery system to determine who gets the first opportunity to purchase it. In each case, the houses were offered directly to a buyer instead of entering the lottery. Despite a failure so far to release the report to the public, the majority of councilors said it should be made public. '1 read nothing in the report that I felt could not be made public," said Mr. Cilley. "Much of it is already out there. Contrary to what many in the public believe, the City Council as a whole is not trying to hide anything from the citizens, or to do anything that is not aboveboard and out in the public." 'The public paid for the report. They paid for the investigation. They deserve to know the facts," Mr. Vaugh said. '1 want it made public today;" Mr. Morley said. He also claimed that his argument for terminating the city manager did not rely on the contents of the report. '1 don't even need to use this report," he said. '1 am not done with this yet. I am going to carry it through to the outcome I think is fit. My opinion is that we should have a new city manager, and I am going to work towards that outcome."

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Mayor William D. Nelson did not answer calls for comment.
SHOVVCOMMENTS(8l

4 of 4

11/25/2011 09:51 AM

Gilles R. R. Abitbol, Esq.
ATTORNEY AT LAW
Corporation Law LL.M, New York University School of Law U.S. Taxation Law LL.M, New York University School of Law Maitre en Droit des Affaires de l'Universite Assas- Paris II, France Maitre en Droit Judiciaire Prive de l'Universite Assas- Paris II, France Admitted to the New York State Bar Admitted to the United States Northern District Court of New York Member of the Onondaga County Bar Association Member of the New York State Bar Association

EXHIBIT 11

Daily Courier-Observer

I Ogden

rrg Council Fuming That Housing ReI···· Was Leaked

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Ogdensburg Council Fuming That Housing Report Was Leaked
THURSDAY,NOVEMBER3,2011

Experience the new

By CHRISTOPHER ROBBINS

ARTICLE OPTIONS

3T
MAGNETOM Verio

MRI

OGDENSBURG The revelation that city Attorney Andrew W. Silver's report into the handling of two city-owned properties was leaked to the media has sown seeds of distrust among members of Ogdensburg's council. "I have no trust in some of the men I'm working with," said Deputy Mayor Michael D. Morley. "This council is at a standstill as far as what is going to happen." The report was the culmination of an investigation into the sale of properties at 819 Knox St. and 2 Grove St. The City Council initiated the investigation in August after it was revealed that a family lived in one of the houses for three years without paying rent or taxes to the city. Though many on the council have called for the resignation of City Manager Arthur J. Sciorra as a result of the fiasco, the report does not directly cast blame for the lapsed oversight on Mr. Sciorra, some --,members of the council have said. "This report doesn't implicate (Mr. Sciorra)," said Councilor Daniel E. Skamperle, who said he did not eak the report to the press. "I have no idea who eaked the report." Northern New York Newspapers Corp. received first 14 pages of the report, consisting of Mr. Silver's summary, Monday evening. "When our investigation is compromised either through political ideology or sheer ignorance, it is unacceptable, whether it be an employee of Ogdensburg or a member of the council," said Councilor Michael B. Powers, who also denied leaking the report. Councilor R. Storm Cilley also denied being the leak. "I am not sure who leaked the report," he said. "However the truth usually surfaces sooner or later."

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11118/2011

Daily Courier-Observer

I Ogdenr+vg

Council Fuming That Housing Rep"

Was Leaked

Page 2 of3

Contained in the summary are references to a series of emails from January 2010, in which Mr. Sciorra repeatedly asks for City Comptroller Philip A. Cosmo, then city planner J. Justin Woods and former interim city attorney A Michael Gebo to either obtain a lease for the property or evict the tenants living there. Also in the summary are references to an Oct. 21 affidavit signed by Mr. Gebo describing instructions from Mr. Woods not to proceed with eviction and not to seek a lease. Some on the City Council say that these two pieces of evidence do not exonerate Mr. Sciorra from culpability, "Per the charter, only one person is allowed to make lease agreements," said Mr. Morley. "Only one person can, and that is Art. You can't just give that job to somebody because no one else is allowed to do it." Mr. Morley said that Mr. Gebo's affidavit is unconvincing because Mr. Woods did not have the authority to prevent him from evicting the tenants or obtaining a lease.
"If (Mr. Gebo) was given an email by Art talking about a lease and (Mr. Sciorra) indicated that he did tell Gebo to get a lease, I would think that the city manager trumps the city planner," said Mr. Morley. "It doesn't add up."

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Others say that it is clear that Mr. Sciorra cannot be held responsible for the problems with Ogdensburg's housing program. "The report alludes to the fact that (Mr. Sciorra) was at least doing his job, though he could have done it better," said Mr. Skamperle. "It looks to me that Phil and Art were both doing their job, but somebody was directly trying to deceive them. That was (Mr. Woods)." Councilor Nicholas J. Vaugh said that the emails and the affidavit from Mr. Gebo provide undeniable evidence that Mr. Sciorra did no wrong, and that Mr. Cosmo's behavior warrants further scrutiny. "(Mr. Sciorra) directs Mr. Cosmo to seek Mr. Gebo to begin the eviction process," he said. "The city manager tried to follow policy. We need to ask (Mr. Cosmo) why he failed to do that." Mr. Vaugh, who also denied leaking the report, also stated that the affidavit from Mr. Gebo puts the blame squarely on Mr. Woods. "Mr. Woods on several occasions told him to stop the eviction process and to stop trying to collect rent," said Mr. Vaugh. ''You can't get much clearer than that." The report does find that city policy was violated when the sale of both properties was arranged. The policy requires that each city-owned Neighborhood Stabilization Property property be entered into a lottery system to determine who gets the first opportunity to purchase them. In each case, the houses were offered directly to a buyer instead of entering the lottery.
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11118/2011

Daily Courier-Observer

I Ogdenr

rg Council Fuming That Housing Rep!

Was Leaked

Page 3 of3

Despite a failure so far to release the report to the public, majority of councilors said it should be made public. "I read nothing in the report that I felt could not be made public," said Mr. Cilley. "Much of it is already out there. Contrary to what many in the public believe, the City Council as a whole is not trying to hide anything from the citizens, or to do anything that is not above board and out in the public." "The public paid for the report. They paid for the investigation. They deserve to know the facts," Mr. Vaugh said. "I want it made public today," Mr. Morley said. He also claimed that his argument for terminating the city manager did not rely on the contents of the report. "I don't even need to use this report," he said. "I am not done with this yet. I am going to carry it through to the outcome I think is fit. My opinion is that we should have a new city manager, and I am going to work towards that outcome." Mayor William D. Nelson did not answer calls for comment.
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http://www.mpcourier.com/article/20111103IDC001/111109948

11118/2011

Gilles R. R. Abitbo/, Esq.
ATTORNEY AT LAW
Corporation Law LL.M, New York University School of Law U.S. Taxation Law LL.M, New York University School of Law Maitre en Droit des Affaires de l'Universite Assas- Paris II, France Maitre en Droit ludiciaire Prive de l'Universite Assas- Paris II, France Admitted to the New York State Bar Admitted to the United States Northern District Court of New York Member of the Onondaga County Bar Association Member of the New York State Bar Association

EXHIBIT 12

J. Justin Woods
521 Greene Street Ogdensburg, New York 13669 Cell Phone: (518) 586-0109 jwoodsplanner@gmail.com

October 11, 2011 A Public Statement to the Ogdensburg Mayor and City Council: Thank you for the invitation to speak to you this evening. I am going to read a prepared statement, and after completing my statement, I will be happy to field any questions you have. Until recently, the City Manager was someone I held in high regard. He brought me to Ogdensburg, invested in my professional development and prior to the events of the past few months, I considered him a trusted colleague and mentor. This situation caught me completely off guard because for the last 3 112 years, I have had a close professional relationship and working partnership with the City Manager. We shared a vision for Ogdensburg and the successes we've had over the past few years are a testament to the effectiveness of our dynamic partnership. The City Manager and I are also members of the International City Manager's Association. Since 1924, the ICMA Code of Ethics has served as the foundation for professional management in local government. The Code of Ethics states that managers in a local government must be committed to equity, transparency, integrity, stewardship of public resources, political neutrality, and respect for the rights and responsibility of elected officials and residents. As ICMA members we pledge to uphold these principles in our conduct and decisions in order to merit the trust of the public, elected officials, and the staff we serve. This trust has been irreparably broken. In fulfilling my professional and ethical duties to Ogdensburg and the profession, on August 16 and 17 of this year, I sent emails requesting the Mayor and Council use their powers under Section 14 of the City Charter to open an official investigation. I made this request because the City Manager had misrepresented my actions and been less than forthcoming about his knowledge of and role in making decisions as they related to the administration of the City's Neighborhood Stabilization Program and the Growth Fund's Main Street Programs. A thorough and impartial investigation will show two things:
J. Justin Woods

I Public

Statement

Cell (315) 323-8296

J. Justin Woods

jwoodsplanner@gmail.com

First, both programs and all relevant funding sources complied with all state and federal regulations. Accordingly, I have contacted New York State Department of Homes and Community Renewal, which oversees the NSP and Main Street programs as well as the other associated funding sources, and requested that in addition to Council's Investigation, HCR come and monitor these programs. The monitoring visits will show that we followed all state and federal regulations in the administration of both programs. Secondly, the documents and evidence I have provided to date show that the City Manager was aware of and approved decisions that required his approval. Whether or not the Manager properly briefed Councilor was forthcoming about his knowledge of and role in these decisions when questioned about them is a personnel matter between the Council and Manager. There is a lot of misinformation swirling around these programs. evening to present factual information and set the record straight. I am here this

Regarding 819 Knox Street 1. The City acquired 819 Knox Street nearly a year before we received the only NSP Grant in the North Country. On April 16, 2009, the paper ran an article announcing grant. The family living at 819 Knox St contacted me to see if they could work with the program to rehab and purchase their home. I notified the City Manager of this the same day they contacted me. Subsequently, I found out that the City was already aware that they were living there and Attorney Gebo had begun negotiations to sell them the house, but income limitations made grant assistance the only viable option for them to purchase the property. As the family met program requirements, I recommended and the City Manager approved rehabbing and selling them the home. The Manager affirmed this course of action at many decision points over the next two years, and then he signed the Purchase Offer. 2. The Manager, Comptroller and I had several email exchanges and discussions regarding what to do about rent. You will see from the email chains that at one point, I recommended we might not want to collect rent because it could trigger URA regulations, but should collect water and sewer fees. The City Manager responded that he was going to seek legal advice. Over the past two years, my honorable colleague the City Comptroller, Phil Cosmo, repeatedly raised the question about what to do regarding rent for
J. Justin Woods

I Public

Statement

Cell (315) 323-8296

J. Justin Woods

jwoodsplanner@grnail.com

this property, but the City Manager never gave either of us a different direction and so rent was never initiated. The house was rehabbed with NSP/CDBG grant funds and we are now ready to close on the property with the residents. 3. A few of other quick points about 819 Knox St: a. Back taxes due on this property were over $30,000 for an uninhabitable home that did not meet code; b. Leaving the family in their home did not cost the City a penny; the property taxes for 819 Knox and all NSP properties were paid out of the grant funds, which was an allowable expense. c. Keeping the family in the home also protected the property, as opposed to several vacant properties that were vandalized causing costly damage; and d. By rehabbing and selling the property with grant funds, which is what the program was established to do, the City is able to simultaneously recoup all of the money due on the property, return the property to the tax roll at a higher assessed value, and keep this family in their home. This was in the public interest and was the right thing to do for the family. Regarding the Marina District NY Main Street Program 1. The City Manager and I discussed hiring CW Augustine to administer the Marina District NYMS Program. The Council had recently approved CWA contract for housing and the City Manager did not want to present another contract to Council so the Manager signed a contract with me as the Administrative Director of the Growth Fund and I hired CW A to subcontract implementation through the Growth Fund. While the City Manager has disavowed knowledge of me hiring CWA, the contracts were drafted and signed at the same time (note the same dates on the contracts). James O'Neill from CWA can attest to the meetings and contract signing. 2. Regarding the decision to expand the Marina District Target Area, the City Manager knew of and agreed with the decision to expand the Target Area to facilitate the rehab of the old Victorian on State Street into a boutique hotel. Initially, Brian and Kathy Wade contacted and met with the City Manager about their interest in the program. The Manager scheduled a meeting with
J. Justin Woods

I Public

Statement

Cell (315) 323-8296

J. Justin Woods

jwoodsplanner@gmaiLcom

all of us, expressed his enthusiastic support for the project, and directed me to work with them. I encourage you to talk to Mr. and Mrs. Wade who will confirm these meetings and order of events. Also see my June letter to KeithaLee Lauson, which documents the Manager's support of the Wades project; a letter the City Manager approved before I sent; and see my June Economic Development Report which reports that I was working with HCR to expand the boundary. Contrary to statements to Council, the City Manager was informed about the program and never, at any point, directed me not to proceed with assisting the Wades or told me not to complete the boundary expansion. There are several other details and areas where I can provide documented evidence that the Manager approved, was involved in, or at minimum aware of the decisions I made administering these programs. You may not agree with all the policy decisions we made, or with the compassionate, social justice, activist philosophy I bring to public administration, but I have been a tireless advocate for Ogdensburg and its residents for the last 3 1Iz years. I've turned stagnant programs into vibrant ones and worked to re-build the City's credibility with state and federal funding agencies. I did everything the City Manager asked of me and in May, the City Manager told me I was doing a great job, to keep up the good work, and he initiated discussions about moving the Code Enforcement Division back into the Planning Department. He also stated that he was considering making me an Assistant City Manager at the end of this year. Since then, the City Manager has made several allegations against me, but refused to meet with or talk to me about any specific concerns or problems. Beginning in June through the middle of August the Manager completely avoided me. During this period he hung up on me, refused to take my phone calls, failed to respond to my emails, and ignored meeting requests made through his secretary. Given our deteriorating relationship, I decided that the situation was beyond repair and started planning the next step in my career. On July 11, I wrote to the City Manager that my wife was pregnant and that I wanted talk to him about planning an orderly transition of programs as I began to look for employment closer to our families. I stated that I was proud of our accomplishments, thanked him the opportunity to work in Ogdensburg, and ended by saying that I was excited about beginning the next adventure in my life.

J. Justin Woods

I Public

Statement

Cell (315) 323-8296

J. Justin Woods

jwoodsplanner@gmail.com

Let me be absolutely clear, the purpose of my email was to concede that the City Manager wanted me to leave and to let him know that I was willing to do that, but given the impending arrival of our baby, I couldn't be without a job until I found a new one. The City Manager never responded to this email until 6 weeks later, on August 24, when he tried to accept it as a resignation. The Separation Agreement stated that I was to work on specific assignments, but it did not require me to work from City Hall. I dispute the allegation of job abandonment as I have been working diligently and in good faith to develop the written transition plan assigned by the City Manager. After the Agreement was executed, the City Manager said that he didn't expect me to work from the office as long as I was "seen coming and going from City Hall." It wasn't until questions arose about my not being in City Hall that his story changed. However, I saw no purpose in continuing to subject myself to a hostile work environment. I can tell you that I returned every email and phone call received, provided all requested assistance to staff, and promptly responded to requests for information and meetings. In addition to working on the transition plan, I have been in the office or otherwise met in person with City staff on more than ten occasions since September 1. Additionally, I have continued to work the past several weeks despite not receiving the pay that I am contractually due. Please note that I requested Council's investigation and I wrote to NYS HCR requesting that they come monitor our programs. While I am moving on to pursue other career opportunities, I have nothing to hide about the decisions I made or the programs I managed and administered in Ogdensburg. On the contrary, I am proud of them. The information I provided to you and the City Attorney provides documented evidence of the statements I have made. You can also talk to the other people involved as they will independently verify the information I provided. I encourage the City Council to complete its investigation and then to take whatever corrective actions you deem necessary to restore the public's trust and confidence in their government. Lastly, on a personal note, I am incredibly disheartened by this entire situation. I invested everything I had, personally and professionally, into this community. Ogdensburg is the place where I got married, purchased my first home, and where Jillian and I were planning to start our family. It's the place where my career matured and professional stature grew, in large part due to developing and implementing progressive, creative housing, main street, sustainability and brownfields programs, the place where I had the first opportunity to build a staff,
J. Justin Woods

I Public

Statement

Cell (315) 323-8296

J. Justin Woods

jwoodsplanner@gmail.com

hiring two exceptional young planners, and it is the place I had hoped to be living and working for the foreseeable future. Ogdensburg has tremendous assets it can build its revitalization around and I am leaving the City with the financial resources and staff necessary to facilitate this process, but I am disappointed that I will not be here to see more of this effort through. However, this environment has become toxic to work in, and I hope as Council you take the steps necessary to clean up the work environment so that City staff can get back to the more important work of cleaning up and revitalizing the City itself. At this time, I would be happy to field any questions you may have.

J. Justin Woods

I Public

Statement

Gilles R. R. Abitbol, Esq.
ATTORNEY AT LAW
Corporation Law LL.M, New York University School of Law U.S. Taxation Law LL.M, New York University School of Law Maitre en Droit des Affaires de l'Universite Assas- Paris II, France Maitre en Droit Judiciaire Prive de l'Universite Assas- Paris II, France Admitted to the New York State Bar Admitted to the United States Northern District Court of New York Member of the Onondaga County Bar Association Member of the New York State Bar Association

EXHIBIT 13

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~ introductory fare to Chicago, PHOTOS

Woods addresses city council before standing-room-only crowd
STANDING-ROOM ONLY: Crowd boos Ogdensburg manager as a planner addresses Knox Street situation
By CHRISTOPHER ROBBINS TIMES STAFF WRITER
WEDNES DAY, OCTOBER 12, 2011
ARTICLE OPTIONS OGDENSBURG A raucous, standingroom-only crowd, at City" AA Hall to hear ou tgoing City Planner ]. Justin Woods deny allegations brought against him by City Manager Arthur ]. Sciorra, booed the manager at times during the meeting.

MELANIE KIMBLER-LAGO N WATERTOWN DAILY

'1 have nothing to hide about the decisions I made," Mr. Woods said. "On the contrary; I am proud of them." Mr. Woods misappropriated Neighborhood unilaterally. denied charges that he had Main Street Grant and Stabilization Program funds

"Our decisions in both programs abided by guidelines," Mr. Woods said. 'The city manager was aware of and approved of all decisions that were made." Mr. Woods also accused Mr. Sciorra of portraying him in a false light, leading Mr. Woods to ask the council to open an investigation into the matter surrounding 819 Knox St. '1 made this request because the city manager had misrepresented my actions and been less than forthcoming about his knowledge of and role in making decisions as they related to the administration of the city's Neighborhood Stabilization Program and the Growth Fund's Main Street

J. Justin Woods, former director of planning and development for the city of Ogdensburg, on Tuesday presented the City Council with his side of the controversy involving 819 Knox
St.

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Programs," Mr. Woods said to applause from the crowd. Mr. Sciorra replied that Mr. Woods's behavior had been the subject of debate among the City Council earlier this year. 'They told me that he's insubordinate and should be fired," Mr. Sciorra said over a booing crowd. "Now you stand here with applause and lie to these people." Mr. Woods said that statements from others involved in the issues would independently verify his claims. He has been blamed for allowing a family to reside at the 819 Knox St. property rent-free for three years. However, Mr. Woods said, the family already was living there when the property entered into the Neighborhood Stabilization Program. 'The manager, comptroller and I had several email exchanges and discussions regarding what to do about rent," Mr. Woods said. "Over the past two years, City Comptroller (Philip A. Cosmo) repeatedly raised the question about what to do regarding rent for this property; but the city manager never gave either of us a different direction and so rent was never initiated." Mr. Woods also accused Mr. Sciorra of violating his code of ethics as a member of the International City/County Management Association that requires city managers to be committed to integrity and transparency. 'As ICMAmembers we pledge to uphold these principles in our conduct and decisions in order to merit the trust of the public, elected officials and the staff we serve," Mr. Woods said. 'This trust has been irreparably broken." He also denied his job. Previously, longer was paying had not arrived for Sept. 1. that he had abandoned Mr. Sciorra said he no Mr. Woods because he work at City Hall since

Experience the new

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MAGNETOM

MR.

Verio

You may use this copy for your personal, non-commercial use only. Redistribution or repurposing without express written permission of the Watertown Daily Times is strictly prohibited. Copyright. Watertown Daily Times, Inc., Watertown, NY. All rights reserved.

'1 vehemently dispute the allegations of job abandonment," Mr. Woods said. 'The city manager said that he didn't expect me to work from the office as long as I was 'seen coming and going from City Hall.' It wasn't until questions arose about my not being in City Hall that his story changed."

After a prepared statement, the council asked City Attorney Andrew W. Silver whether Mr. Woods's claims mirrored testimony made under oath as part of their investigation.

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"Mr. Woods's statement is consistent with statements in the interview," Mr. Silver said. The crowd cheered continued efforts by Mayor WilliamD. Nelson to hold Mr. Sciorra accountable for allowing the 819 Knox St. situation to persist. 'The question I think everybody has is, 'who is held accountable?'" Mr. Nelson said. 'The person who should be held accountable is sitting right there, the city manager." Amid the chorus of boos and cheers, Councilor Daniel E. Skamperle made a plea for patience. 'This is exactly what I didn't want to happen," he said. 'This is a circus. This is ridiculous ."
SH

ow

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Gilles R. R. Abitbol, Esq.
ATTORNEY AT LAW
Corporation Law LL.M, New York University School of Law U.S. Taxation Law LL.M, New York University School of Law Maitre en Droit des Affaires de l'Universite Assas- Paris II, France Maitre en Droit ludiciaire Prive de l'Universite Assas- Paris II, France Admitted to the New York State Bar Admitted to the United States Northern District Court of New York Member of the Onondaga County Bar Association Member of the New York State Bar Association

EXHIBIT 14

OGDENSBURG, NEW YORK CITY MANAGER EMPLOYMENT

AGREE ENT 2006

MANAGER EMPLOYMENT AGREEMENT TABLE OF CONTENTS
Introduction Section 1: Term Section 2: Duties and Authority Section 3: Compensation Section 4: Health, Disability and Life Insurance Benefits Section 5: .Vacation, Sick, and Military Leave Section 6: Automobile Section 7: Retirement Section 8: General Business Expenses Section 9: Termination Section 1Q: Severance Section 11: Resignation Section 12: Performance Evaluation Section 13: Hours of Work Section 14: Outside Activities Section 15: Moving and Relocation Expenses Section 16:- Indemnification Section 17: Bonding Section 18: Other Terms and Conditions Section 19: Notices Section 20: General Provisions of Employment

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OGDENSBURG CITY MANAGER Employment Agreement Introduction This Agreement, made and entered into on December 6, 2005, by and between the City of Ogdensburg, New York, a municipal corporation organized pursuant to the laws of the State of New York with offices at 330 Ford Street in the City of Ogdensburg, County of St. Lawrence and State of New York, (hereinafter called "Employer") and Arthur J. Sciarra, (hereinafter called "Employee") an individual who has the education, training and experience in local government management and who, as a member of ICMA, is subject to the ICMA Code of Ethics and who resides at 110 North O'Keefe Street, Cassopolis, Michigan, 49031. Section 1: Term This agreement shall commence on February 1, 2006 and shall remain in full force and effect until terminated by the Em ployer or Employee as provided in Section 9, 10 or 11 of this agreement. Section 2: Duties and Authority Employer agrees to employ Arthur J. Sciorra as City Manager to perform the functions and duties specified in the City Charter, the Municipal Code of the City of Ogdensburg and the Administrative Regulations promulgated pursuant thereto, and to perform other legally permissible and proper duties and functions established by the Council, and/or state and federal law. Employee shall, at all times, perform such duties in an efficient and conscientious manner, exercising his discretion, judgment and authority in the best interest of the City. Section 3: Compensation A. Base Salary: During the first year of employment, Employer agrees to pay Employee a base salary of Ninety-two thousand five hundred dollars, ($92,500), payable in installments in the same manner and at the same time as the other management employees of the Employer are paid. B. This agreement shall be automatically amended to reflect any salary increases that are .. ), );: .. T (p) provided for or required by the Employer's compensation policies. .4~-1 A. (, (C-\ L:;, )' C. The Employer may annually increase compensation based on the outcome of an above average performance evaluation performed under the provisions of Section 12 of this contract or pursuant to the rules and regulations of the City of Ogdensburg. Section 4: Health, Disability and life Insurance Benefits

The following benefits shall commence with the effective date of this agreement: A. The Employer agrees to provide health, hospitalization, surgical, and comprehensive medical insurance for the Employee and his dependents equal to that which is provided to all other employees of the City of Ogdensburg. B. The Employee may elect to submit once per calendar year to a complete physical examination, including a cardio-vascular examination, by a qualified physician selected by the Employee, the cost of which shall be paid by the Employer.

Section 5: Vacation, and Sick Leave A. Effective February 1, 2006, the Employer agrees to credit the Employee with one year sick and vacation leave equal to the annual accrual provided to non-represented employees pursuant to Administrative Regulation 25 of the Rules and Regulations of the City of Ogdensburg. The Employee shall then accrue sick and vacation leave on an annual basis at the rate provided to other employees as outlined in the City Code AR-25. B. The Employee is entitled to accrue all unused sick leave pursuant to Administrative Regulation 25 of the Rules and Regulations of the City of Ogdensburg. In the event the Employee's employment is terminated, either voluntarily or involuntarily, the Employee shall be compensated for all vacation time, holiday time and other benefits to accrued to the date of termination as provided by Administrative Regulation 25 of the Rules and Regulations of the City of Ogdensburg. Section 6: Automobile Employer shall provide the City Manager with a vehicle for both business and personal use. Employer shall pay all liability, property damage and comprehensive insurance coverage on the vehicle and for the vehicle's purchase, operation (including all fuels and lubricants), maintenance, repair and replacement. Section 7: Retirement The Employer agrees to enroll the Employee into the New York State Employees Retirement System and to make all employer contributions on the Employee's behalf as required by law. Section 8: General Business Expenses

A. Employer agrees to pay for professional dues and subscriptions of the Employee necessary for continuation and full participation in national, regional, state, and local associations, and organizations necessary and desirable for the Employee's continued professional participation, growth, and advancement, and necessary for the good of the Employer. B. Employer agrees to pay for travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions to adequately continue the professional development of Employee and to pursue necessary official functions for Employer, including but not limited to the ICMA Annual Conference, the state league of municipalities, and such other national, regional, state, and local governmental groups and committees in which Employee serves as a member. C. Employer also agrees to budget for and to pay for travel and SUbsistence expenses of Employee for short courses, institutes, and seminars that are necessary for the Employee's professional development and for the good of the Employer. D. Employer recognizes that certain expenses of a non-personal but job related nature are incurred by Employee, and agrees to reimburse or to pay said general expenses pursuant to the rules and procedures established by Administrative Regulations 28 and 30 of the Rules and Regulations of the City of Ogdensburg. E. The Employer acknowledges the value of having Employee participate and be directly involved in local civic clubs or organizations. Subject to Employer approval and authorization in the annual budget process, Employer agrees to pay for the reasonable membership fees and/or dues to enable the Employee to become an active member in local civic clubs or organizations. 2

F. The Employer shall provide Employee with a computer, software, fax/modem, and cell phone required for the Employee to perform the job and to maintain communication. Section 9: Termination For the purposes of this agreement, termination shall occur when: A. The majority of the governing body votes to terminate the Employee, without cause, at a duly authorized public meeting B. The Employer, citizens or legislature acts to amend any provisions of the charter, code pertaining to the role, powers, duties, authority, responsibilities of the Employee's position that substantially changes the form of government, the Employee shall have the right to declare that such amendments constitute termination. C. The Employer reduces the base salary, compensation or any other financial benefit of the Employee, unless said reduction is applied in no greater percentage than the average reduction imposed on all non-represented employees. D. The Employee resigns following a formal or informal offer, tendered without cause, by a representative of the majority of the governing body that the Employee resign, then the Employee may declare a termination as of the date of the suggestion. E. The Employee is terminated, without cause, by the Employer within six (6) months immediately following the seating and swearing-in of one or more new governing body members, and during such time the Employee is willing and able to perform his duties under this Agreement. Section 10: Severance Severance shall be paid to the Employee when employment is terminated as defined in Section 9. A. Severance shall be defined as: 1. Severance pay equal to six (6) months salary at the then current rate of pay. This severance shall be paid in a lump sum unless otherwise agreed to by the Employer and the Employee. 2. For a period up to six (6) months from the date of termination, the Employer shall pay the cost to continue the following benefIts: a. Health insurance per COBRA, for the Employee and all dependents as provided in Section 4A. b. Any other benefits then provided by the Employer to the Employee as provided by Administrative Regulation 25 of the Rules and Regulations of the City of Ogdensburg. 3. Payment for accrued benefits pursuant to Administrative Regulation 25 of the Rules and Regulations of the City of Ogdensburg. B. If the Employee is terminated with cause, the Employer is not obligated to pay severance under this section. Cause shall mean proof by substantial, persuasive evidence that the employee: 1) is guilty of willful misconduct, habitual neglect of duty, incompetence, conduct incompatible with his duties, willful disobedience to the employer's orders; or 2) has committed an act which would constitute a felony under the laws of the United States or of New York State or has committed an act which would constitute a crime involving moral 3

turpitude, including, but not limited to, fraud, theft, embezzlement or any crime that results in or is intended to result in personal enrichment at the expense of the Employer; or 3) committed a material breach of the employment agreement between the Employer and the Employee; 4) is unable to perform his duties due to disability. C. In the event that the Employee voluntarily resigns his position with the Employer, that Employee shall not be entitled to severance pursuant to this paragraph. Section 11: Resignation In the event that the Employee voluntarily resigns his/her position with the Employer, the Employee shall provide a minimum of 60 days notice unless the parties agree otherwise. Section 12: Performance Evaluation

Within a reasonable amount of time after the employment anniversary date, employer shall annually review the performance of the Employee in January each year, subject to a process, form, criteria, and format for the evaluation which shall be mutually agreed upon by the Employer and Employee. The process, at a minimum, shall include the opportunity for both parties to: (1) prepare a written evaluation, (2) meet and discuss the evaluation, and (3) present a written summary of the evaluation results. The final written evaluation should be completed and delivered to the Employee within 30 days of the evaluation meeting. Section 13: Hours of Work It is recognized that the Employee must devote a great deal of time outside the normal office hours on business for the Employer, and to that end Employee shall be allowed to establish an appropriate work schedule. Section 14: Outside Activities The employment provided for by this Agreement shall be the Employee's sole employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the Employer and the community, the Employee may elect, subject to prior approval by the City Council, to accept limited teaching, consulting or other business opportunities with the understanding that such arrangements shall not constitute interference with nor a conflict of interest with his responsibilities under this Agreement. Section 15: Moving and Relocation Expenses A. Employee agrees to establish residence within the corporate boundaries of the City of Ogdensburg within six (6) months of the date of employment, and thereafter to maintain residence within the corporate boundaries of the local government. B. Commencing with the signing of this contract, the Employer agrees to reimburse costs, or pay directly for the expenses of moving and relocating the employee and spouse from Cassopolis, MI to Ogdensburg in an amount not to exceed $10,000. Said moving and relocation expenses include: a professional mover, packing, moving, unpacking, moving insurance charges, reasonable costs incidental to finding a new domicile as well as any other expenses that the Employer may agree are reasonable.

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Section 16: Indemnification Beyond that required under Federal, State or Local Law, Employer shall defend, save harmless and indemnity Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as City Manager or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct. The Employee may request and the Employer shall not unreasonably refuse to provide independent legal representation at Employer's expense and Employer may not unreasonably withhold approval. Legal representation, provided by Employer for Employee, shall extend until a final determination of the legal action including any appeals brought by either party. The Employer shall indemnify employee against any and all losses, damages, judgments, interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings including attorneys fees, and any other liabilities incurred by, imposed upon, or suffered by such Employee in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of his or her duties. Any settlement of any claim must be made with prior approval of the Employer in order for indemnification, as provided in this Section, to be available. Except as herein after provided, Employer shall have the right to compromise and settle any claim or suit brought against Employer. The Employee shall have veto authority over any part of said compromise or settlement if the basis of the lawsuit is of a personal nature to Employee. Further, Employer agrees to pay all reasonable litigation expenses of Employee throughout the pendency of any litigation to which the Employee is a party, witness or advisor to the Employer. Such expense payments shall continue beyond Employee's service to the Employer as long as litigation is pending. Further, Employer agrees to pay Employee reasonable consulting fees and travel expenses when Employee serves as a witness, advisor or consultant to Employer regarding pending litigation should litigation of any nature continue beyond Employee's service to the Employer. The Employee agrees to reasonably cooperate in providing assistance in pending litigation as requested by Employer beyond Employee's service to the Employer. Section 17: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 18: Other Terms and Conditions of Employment

The Employer, only upon agreement with Employee, may fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Of Ogdensburg Charter or any other law. Section 19: Notices Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) (2) EMPLOYER: Mayor William D. Nelson, City HaU,Ogdensburg, NY EMPLOYEE: Arthur J. Sciorra, Cassopolis, Michigan, (Ogdensburg be determined.)

address to

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Alternatively, notice ree;· "'ldpursuant to this Agreement may be (,onally served in the same manner as is applicable .0 civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service.

Section 20: General Provisions A. Integration. This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this agreement. B. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest.

C. Effective Date. This Agreement shall become effective on February 1,2006.
D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not effect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. In witness there of, the City of Ogdensburg Council has caused this agreement to be signed and executed in behalf of the City Council by the Mayor and duly attested to by the City Clerk, and the employee has signed and executed this agreement, both in duplicate, the day and year first above written.

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William D. Nelson, Mayor
Attested:

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Katherine H City Attorney

Kathleen A. Bouchard City Clerk

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