STATE OF REW YORK OFFICE OF THE INSPECTOR GENERAL EMPIRE STATE PLAZA ‘Agency BLDG. 216 FLOOR "ALBANY, NEW YORK 12223, er BROADWAY, SUTE 2100 cia) 4-010 es couRT STREET, 5" FLOOR NeW YORK, NEW YORK 10008, ‘BUFFALO, NEW YORK 14202 ferzyasssiso CCathorine Leahy Scott io) earris INSPECTOR GENERAL November 24, 2014 I HAND DELIVERED Bruce Young Chairman 75 Fort George Road Post Office Box 749 Lake George, New York 12845 Re: In the Matter of David Wick and the Lake George Park Commission, Dear Chairman Young: On September 22, 2014 my office received allegations regarding David Wick, Executive Director of the Lake George Park Commission, as well as the Lake George Park Commission, | am writing to advise you of the results of this investigation. On September 11, 2014 the Lake George Park Commission (Commission) held a retirement party for retiring Commissioner Tom Conerty to recognize his fifteen years of service as a commissioner, nine of those years as Vice Chairman, In hosting this retirement party, both David Wick as Executive Director and the Commission appear to have violated the New York State Public Officers Law as well as Commission policy and procedures as it relates to prohibition of gifts. Atall times relevant the Commission has regulatory authority over the Lake George Steamboat Company. David Wick testified before the Inspector General that in addition to Executive Director, he also serves as the ethics officer for the Commission. On June 6, 2013 Wick attended Code of Conduct training conducted by the Inspector General whereby he wasspecifically trained on issues relating to gifts, conflicts of interests and appearances of impropriety. After this training on September 6, 2013, the Inspector General requested that Wick outline in writing what actions Wick and the Commission took as a result of the training he had attended. Wick responded by correspondence dated September 26, 2013 that, among other things, he attended a four-hour “train the trainer” program sponsored by the New York State Joint Commission on Public Ethics on May 16, 2013. ‘Additionally, Wick provided among other matters, ethics training to all Commissioners at a special session on July 10, 2013. With Mr. Conerty’s retirement approaching, Mr. Wick and several commissioners met with the owner and an administrative staff member of the Lake George Steamboat Company (Company) for the purposes of planning a dinner cruise retirement party for Mr. Conerty, who worked as a Captain for the Company prior to and during the time he served as a Commissioner. Following those conversations, the owner of the Company donated the use of the boat, hors d’oeuvres, and a disk jockey. Attendees would pay $30 per person for the cost of a dinsier served on the dinner cruise and pay for their drinks Subsequent to the initial planning of the retirement party, the Company owner further donated the cost of an open bar. The Company owner admitted to the Inspector General that he did pay for these items at the retirement party, indicating that Mr. Conerty was not only an employee but a friend. He also indicated the usual cost to rent a boat for a party is $850 per hour. ‘The invitation stated boarding at 6:30 pm with a return time of 10:00 pm for a total of 3.5 hours of use. Wick utilized his staff to obtain an invitee list, send out invitations, collect money, and maintain a list of attendees. ‘The invitation bears the seal of Lake George with an RSVP return to a Commission clerk utilizing a Commission email address. Upon learning of the further donation of an open bar, Wick sent an email to all Commissioners dated September 9, 2014 outlining the Company owner’s donation of the boat, the hors oeuvres, a disk jockey and the open bar. Wick indicated he would send a thank you on behalf of the Commission after the dinner cruise. Wick testified that he did indeed send a note of gratitude to the Company owner on behalf of the Commission. Despite ethics training received by Commissioners, Wick testified no Commissioner voiced any concern to him regarding the donations provided by the Company for the retirement party. ‘As the Executive Director and ethics officer who has received specialized training, Wick never informed the Commission of the potential implication of Public Officers Law sections 73 and 74. Additionally, Wick never reminded the Commission of the guidelines and prohibitions of its own policy and procedures manual as set forth in Section 5.1 entitled “Prohibition of Gifts and Bribes”. Wick not only coordinated and facilitated this retirement party, but by sending the September 9, 2014 email to the Commissioners, he effectively conveyed to the Commission that donations from the Company owner were appropriate and permissible.Therefore, I am recommending the following: 1, All Commissioners and staff attend training by my office as well as by the Joint Commission on Public Ethics; 2. ‘The Commission conducts a comprehensive review of all policies and procedures as well as Commission bylaws immediately and implement necessary amendments; 3. All Commissioners and staff should be trained on all policies, procedures and bylaws once completed and certify that they have read and understand the policies, procedures, and bylaws. 4, ‘The Commission should take appropriate disciplinary action against Mr. Wick. 1am referring this matter to the Joint Commission on Public Ethics for its investigation, review and sanction, Sincerely, Catherine Leahy Inspector General