Two months after the town’s Board of Ethics determined that Supervisor Jessica Zambrano’s romantic relationship constituted a conflict of interest, a resident of the town of Cicero has filed a petition requesting her removal.
Paul Becallo, father of Cicero Town Councilor Michael Becallo, filed a petition with the Appellate Division of the Fourth Department of New York state on Feb. 11 requesting that Zambrano be removed as town supervisor under New York State Public Officers Law Section 36.
Becallo said he filed the petition in response to what he called multiple incidences of misconduct by the supervisor.
“Ms. Zambrano’s misconduct has been known since before April 2014, but very little has been done by anybody to stop her,” he said. “I hope this will.”
According to New York state’s Town Law Manual for Supervisors and Town Boards, removal of a town official is a rare and complicated process.
“Removal from office… is accomplished by a court upon application for removal made by any citizen-resident or by the district attorney upon notice to the town officer and with a copy of the charges,” the manual reads. “The standard is misfeasance, malversion or maladministration of the office. Courts are reluctant to reverse the will of the electorate, so the degree of misconduct shown must be substantial.”
A copy of the petition was sent to the Star-Review by another town resident. Returnable before the court at 10 a.m. Monday, March 23, it alleges misconduct on the part of Zambrano as a result of her relationship with Douglas Wickman, an employee of the town’s former engineering firm, as well as other incidences of improper behavior.
“Upon information and belief, [Zambrano] has committed misconduct, maladministration, malfeasance or malversion in office, being an elected official as Cicero town supervisor, and even prior, when [Zambrano] was an elected official as Cicero town councilor and Cicero deputy supervisor,” the petition reads.
Becallo, who is representing himself, accuses Zambrano of corruption, unscrupulous conduct and “a pattern of misconduct and abuse of authority” sufficient to bring about her removal by the state. He describes her relationship with C&S Engineers principal Wickman, with whom she shares a home in the town of Cicero. The petition cites Zambrano’s repeated votes to install C&S as the town’s engineering firm, as well as her signature on documents giving work on behalf of the town to the firm and Wickman personally. Becallo also states that Zambrano knew the relationship constituted a conflict of interest and thus lied about Wickman’s position, saying that he had retired from C&S when questioned.
“The issue of the respondent’s relationship with Douglas Wickman was not isolated to one or two incidents, but spans almost three years, and was a knowing act by the respondent,” the petition reads. “Respondent knew: that her relationship with Douglas Wickman was a conflict of interest; that her relationship violated both New York state and Cicero local law; and that respondent took intentional steps to hide this relationship from people in Cicero town government and the public.”
Becallo’s petition notes the recent Cicero Board of Ethics decision that called the relationship a conflict of interest. He accuses Zambrano of repeatedly trying to “thwart” the board of ethics during its deliberations, as well as having a further conflict of interest in helping to appoint members of the board that would be set to the task of investigating her alleged misconduct. Becallo’s petition also alleges that Zambrano tried to suppress the board’s final decision because it was not in her favor.
The petition goes beyond the recent controversy spawned by the board of ethics’ decision, however. It also cites questions surrounding the town’s shared services agreement for assessment services with the town of Salina — an issue the board of ethics declined to investigate — and a senior citizen mailer sent out by the town allegedly paid for by Zambrano’s reelection committee.
Becallo also accuses the supervisor of using her position to threaten and intimidate her political enemies.
“Respondent has used her office, authority and powers as supervisor to ‘criminalize’ opposition to her, and has retaliated against people who criticize Respondent, and has engaged in threat, intimidation and retaliation against certain of these people,” the petition reads.
The petition does not provide details or documentation to back up these allegations; Becallo said he plans to file a Freedom of Information Law request with Town Clerk Tracy Cosilmon to obtain that information, though he said it’s common knowledge among town employees and residents.
“Like many improper things that Ms. Zambrano does, these are common knowledge, but people are afraid to say anything for fear of retaliation,” he said.
Becallo’s petition cites Section 36 of the New York State Public Officers Law as the grounds by which the state can remove Zambrano. That section of the law states the following:
“Any town, village, improvement district or fire district officer, except a justice of the peace, may be removed from office by the supreme court for any misconduct, maladministration, malfeasance or malversation in office. An application for such removal may be made by any citizen resident of such town, village, improvement district or fire district or by the district attorney of the county in which such town, village or district is located, and shall be made to the appellate division of the supreme court held within the judicial department embracing such town, village, improvement district or fire district. Such application shall be made upon notice to such officer of not less than eight days, and a copy of the charges upon which the application will be made must be served with such notice.”
Zambrano has until March 20 to respond to the petition. She did not respond to a request for comment from the Star-Review. Other members of the town board also had not responded to requests for comment at press time.
Becallo said he’s hopeful his petition will bring about a change in the town.
“I want to stop Ms. Zambrano’s misconduct as supervisor, and stop Ms. Zambrano from hurting innocent people,” he said. “It is Ms. Zambrano and her improper conduct that has damaged Cicero’s reputation, but when she is removed as supervisor, Cicero will benefit, and the controversies will finally end.”
