OPEN AND TRANSPARENT? #TroyCrazy

---------- Forwarded message ----------
From: Mark McGrath <mmcgrath0123@yahoo.com>
Date: Fri, Mar 4, 2016 at 7:31 AM
Subject: Open and Transparent
To: Ken Crowe <kcrowe@timesunion.com>, "jfranco1@nycap.rr.com" <jfranco1@nycap.rr.com>, Mark Robarge <mrobarge@digitalfirstmedia.com>, Chris Churchill <cchurchill@timesunion.com>
Cc: "Patrick.Madden" <patrick.madden@troyny.gov>, Troy City Council Members <all-members@troycitycouncil.com>


Below are emails that initiated from Mayor Madden the day before last nights vote to have an independent auditor go over Troy's finances. The plan is to audit and develop an action plan to address the glaring financial problems in Troy. The vote passed last night by a 6-2 margin despite the attempts by Mr. Madden and his cohort councilwomen Kopka to stop it. In the weeks leading up to this action Mr.Madden has been clear with Council President. Mantello that the audit wasn't necessary. Ms. Kopka has sent repeated emails to council members expressing her disdain for the number of respondents to the RFP and the quality of the expertise from the firm that was hired. Bottom line, regardless of what malarkey they spew they don't want the audit. Why, is a matter for the press to find out.

The last line in Mr. Maddens email is what prompts me to send this. His feigned announcement of an open and transparent city hall is also malarkey. His instruction to NOT share with the press or public does not sit well with me. Last evening I had to clearly explain to Mr. Madden (in public) "I do not work for him" and "don't ever tell me what to do". There have been other communications from the mayor where he instructs the council to not release the emails to the press or blogs meaning the public. This practice is officially over as of now. I will not be complicit in a shell game where information and best practices are kept from the very public who pays our salaries. Hopefully Mr. Madden will learn he is now a public employee who serves the public.It's clear Mr. Madden wants to control the message from city hall and fails to understand as elected public officials we as the legislative branch also have a right and duty to share information to the public we serve. Thanks




Patrick, in January of 2016 the city council unanimously approved a resolution authorizing it's president to seek qualified auditors through RFP to engage in a municipal financial audit. The council president did just that. You have no authority over council approvals or council appointments. The resolution passed in January supersedes your procurement process. Thanks
Mark McGrath

Mayor Madden,

I strongly disagree with your recommendation to table resolution #23 which is on the March 3, 2016 Troy City Council meeting. I am sure you are aware that on January 4, 2016 the Troy City Council by resolution #13 unanimously authorized the Council President to seek proposals for auditing services. This would clearly supersede any concerns that you may have regarding purchasing procedures. Additionally, the council's appointments are not subject to the Mayor's review or veto.

I would like you to consider the following scenario; Under your theory, if the Troy City Council wanted to hire a consultant to investigate the purchasing office. The very office would have to approve the consultant. That, of course, would not make any sense, and that is exactly why the Troy City Charter allows the council to independently hire an auditor and any consultant.

I am also concerned that you're crossing over into City Council matters, which is not your area of authority. I am sure you wouldn't want the city council getting involved how you operate your city departments.

I would hope you would respect the separation of powers and support the council's hiring of an independent auditor to develop a corrective action plan, as required by the general municipal law within the next 90 days.

Carmella R. Mantello
Council President



-----Original Message-----
From: Patrick.Madden
Sent: Wed 3/2/2016 1:21 PM
To: All City Council Members
Cc: Kevin.Glasheen
Subject: Resolution 23

Council Members,

After careful consideration and a number of attempts to rectify the situation I am writing the full Council today to ask you to table Resolution 23 to allow for time to properly procure this service.  I do not take this step lightly.

The RFP document and the process by which it was released and evaluated fail to comply in a number of important respects with our Procurement Policy.  This Policy, adopted by the City Council, by its terms applies to all expenditures of City funds.  It applies to the Council as well as the administration.  There has been no waiver, suspension or repeal of any of the terms of our Procurement Policy.

Our Procurement Policy is designed to ensure that all who are interested in selling goods and services to the City are aware of the opportunities to do so.  It is also designed to ensure a high degree of fairness and transparency, free from collusive influence.  Its essential purpose is to protect the taxpayers of Troy.

To ensure that the intricacies of this policy are followed we have a Purchasing Agent.  Under the terms of the Procurement Policy, the Purchasing agent is responsible for all procurement by the City of Troy.  It is also clearly stated that authority relating to the final approval of all purchases remain with the Purchasing Agent.

To no avail on a number of occasions I have made it clear that the Purchasing Agent is ready, willing and able to assist the Council in the procurement of the services you seek.  She has provided that service to previous Councils on a number of occasions.  Further, despite advice from my office that there were problems with the process undertaken it seems the Resolution remains on the agenda for approval at Thursday's meeting.

To be clear, if during the course of an audit this transaction is reviewed by State OSC or our independent auditors it will result in an audit finding against the City.

Please understand that I am not challenging your right to engage a consultant I am just asking that you do it properly and in accordance with City Policy.

If you pass this resolution you put me and my staff in the untenable position of certifying the correctness of the process or being labeled an obstructionist.  I implore you to table the resolution and work with us to ensure that the procurement process complies with all relevant City and State rules and regulations.  We continue to be ready and willing to assist in this process.

I ask that you all respect the confidential nature of this discussion.  Playing it out in the press or social media will only serve to tarnish the reputation of the City we serve.

Thank you,

Patrick