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Complaint filed against Zambrano

— According to a Cicero resident, Supervisor Jessica Zambrano has committed misconduct as a result of her relationship with the town engineer.

Robert George, an attorney who lives on Lakeshore Road, brought a complaint against the supervisor at the Cicero Town Board’s April 9 meeting. George stated that Zambrano’s romantic relationship with Douglas Wickman, the senior principal for C&S Engineering and town engineer for the town of Cicero, constitutes a conflict of interest. The two have been romantically involved since 2011 and share a residence within the town.

The complaint

Below is the text of Robert George’s remarks to the Cicero Town Board, given Wednesday, April 9.

My name is Robert George. I am a resident of the town of Cicero, and my entire comments herein are based upon information and belief, which I believe to be true.

I am here tonight to make known to the Cicero Town Board, and to file an ethics complaint against, a Cicero Town employee who I believe has engaged in various conflicts of interest, misuse of power, improper, unethical, and possibly illegal conduct, in the discharge of their governmental duties. That this conduct has been known by so many for so long, with nothing being done to stop it, shocks the conscience.

I am therefore filing an ethics complaint against, asking the Cicero Town Board to conduct an investigation into, and requesting the immediate resignation of Jessica Zambrano, Cicero Town Supervisor, including but not necessarily limited to, the following allegations:

  1. Ms. Zambrano is and has been, for some time, involved in a romantic, personal, intimate, and financial relationship with Douglas Wickman, who is senior principal of the Cicero town engineer, C&S Companies; Ms. Zambrano is and has been physically living with Douglas Wickman; and Ms. Zambrano is a co-owner with Douglas Wickman of the house where they currently live together as domestic-partners, 7121 Totman Drive in Cicero.

  2. Despite Ms. Zambrano’s romantic, personal, intimate, and financial relationship with Douglas Wickman, and Douglas Wickman being senior principal of C&S Companies, as Cicero town supervisor, Ms. Zambrano has:

a. personally voted to select C&S Companies as the Cicero town engineer.

b. personally signed the contract designating C&S Companies as the Engineering firm representing the Town of Cicero.

c. personally signed several contracts with C&S Companies.

d. personally signed contracts submitted to the town of Cicero by Douglas Wickman, which were also personally signed by Douglas Wickman.

e. personally approved and signed invoices and bills for services performed by C&S Companies, submitted by Douglas Wickman, which were also personally signed by Douglas Wickman.

f. personally signed checks payable to C&S Companies for work billed by Douglas Wickman.

  1. I believe that Ms. Zambrano’s conduct violates Article 18 of the New York State Municipal Law and the Town of Cicero Code of Ethics, both of which are misdemeanors, and also violates Section 36 of the NYS Public Officers Law.

  2. I therefore ask the Cicero Town Board to immediately begin an investigation into all actions of Ms. Zambrano, not only since she has been supervisor, but even prior, when she was a town councilor and deputy supervisor; and to investigate Mr. Wickman and C&S Companies; and to retain independent legal counsel and a forensic accountant in doing so.

  3. In addition, as the engineering firm for the town of Cicero, C&S Companies has a duty to be an unbiased and independent advisor and provider of services to Cicero. I believe this duty is compromised when the senior principal of C&S Companies is an active participant as town engineer, and simultaneously the domestic-partner of the town supervisor; and this conduct is not only an appearance of a conflict of interest, but is an actual conflict of interest. As residents and taxpayers of Cicero, how do we know whether the town engineer, via Mr. Wickman, is representing the town of Cicero’s interest, or instead his domestic-partner’s personal agenda?

  4. As supervisor, Ms. Zambrano has a duty to protect the interests of the town of Cicero. As residents and taxpayers of Cicero, how do we know whether Ms. Zambrano is representing the town of Cicero’s interest solely, or instead is failing to properly monitor her domestic-partner’s activities as town engineer? One may even validly ask whether C&S Companies was selected as the town engineer because of Ms. Zambrano’s personal relationship with Mr. Wickman.

  5. Of equal concern is the issue of invoices submitted to Cicero by Mr. Wickman, and checks signed by Ms. Zambrano, to C&S Companies, for work Mr. Wickman has claimed to do. Given the personal relationship between Ms. Zambrano and Mr. Wickman — a boyfriend submitting invoices, and checks being signed by his girlfriend — it is legitimate to inquire whether sufficient oversight and review of these invoices occurs, and to question whether this conduct is proper.

  6. And I believe that with town moneys being paid to C&S Companies, Ms. Zambrano obtains a “direct or indirect pecuniary or material benefit as a result of the town contract,” through moneys paid by C&S Companies to her live-in domestic partner, Mr. Wickman.

  7. The NYS Attorney General has “emphasized that public officials should avoid circumstances which compromise their ability to make impartial judgments solely in the public interest,” and that “even the appearance of impropriety should be avoided in order to maintain public confidence in government.”

  8. Public officials, especially elected public officials, are held to a higher standard of conduct, and rightly so, because they hold the “public trust.” I believe Ms. Zambrano’s actions “violate the spirit and intent of these ethics laws, are inconsistent with public policy, and suggest self-interest, partiality, or economic impropriety.”

  9. In closing, what I have stated here tonight only scratches the surface, and is just the beginning. I intend to begin filing FOIL requests with the Cicero Town Clerk to obtain further documentation of not only these allegations, but also other possible misconduct by Ms. Zambrano in addition to her relationship with Mr. Wickman, and to file all allegations and supporting documents with the appropriate government agencies.

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Comments

cicerocitizen 4 months, 1 week ago

This looks like a witch hunt, nothing more. The complainant is referring to the supervisor's acts of signing checks and other paperwork. That is her job. It was the town board that voted to use the defined vendor and does that for all such contracts. If the supervisor voted on a vendor, so did the other town board members. Specifically, choosing that vendor was a group decision and that particular vendor has done work for the town even before she became supervisor. By using the word 'personally' on each statement, the complaint implies that she made the decision to use that vendor on her own, which is not true.

The complainant accuses her of signing the various contracts and invoices. Those contracts were voted on the the entire board and the invoices reflect work done toward those contracts. Signing them is just the formal acknowledgement that the contracts were approved. Those invoices also go through the comptroller's office, who monitors invoices and payments per contract.

The supervisor has already stated she pursued legal advice with the town's lawyer and the DA's office on her relationship; this proves she had no intent to hide the situation and wanted it known up front. The town board should think carefully on initiating an investigation because the investigation, if done properly, will be on the board, the comptroller, the designated vendor and likely others, not just the supervisor. The supervisor may sign the invoices and contracts, but she is only representing the board's decisions. We do not need this kind of investigation, casting Cicero as a town with a suspect town board. I believe we have a responsible town board, but pursuing an investigation on one of their own, for acts in which they are involved, would be disingenuous and bring them all into question.

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lerxst62 4 months, 1 week ago

1st...Her boyfriend tells everyone that he has retired just before the election. Oddly enough, he's still collecting money from the town for work done THIS YEAR. Seems he hasn't retired after all. 2nd...She should never have voted on anything regarding this man or the company he works for. This happens when work is sent to Driver's Village. One board member works there. If there is a vote regarding Driver's Village, he doesn't vote. Last, but certainly not least...just because it's legal doesn't make it right. She is gaining personally from this relationship between the town and C&S. Every time she APPROVES payment to her boyfriend, she benefits financially. If she had ANY sense of decency, she would resign and save the town the embarrassment of a completely justified investigation.

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