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Document 1 of 1Former deputy county executive charged with official misconductCraig, Gary. Rochester Democrat and Chronicle [Rochester, N.Y] 07 Oct 2009.

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_______________________________________________________________AbstractDuring his career, Smith had served as a Greece Town Board member, Monroe County Water

Authority executive director and deputy director, communications director for Monroe County

government, deputy director of communications for the county, and public information officer for the

county's Office of Emergency Preparedness and the county Fire Bureau.

_______________________________________________________________Full TextFormer Deputy County Executive James Smith today was charged with official misconduct,

making him the first high-ranking county official to be accused of a crime as part of the

investigation into the Robutrad Corp. scandal.Smith, a prominent figure in Republican circles for years, was charged with six misdemeanor

counts of official misconduct -- a common charge brought against public officials accused of

malfeasance.

District Attorney Michael Green said that the six counts relate to Smith's failure to take action

between May 2007 and June 2008 when he learned of possible wrongdoing by Robutrad

workers.

Smith also took actions that allowed Robutrad workers to continue their misdeeds, Green

said.By refusing to rein in Robutrad, Smith allowed the workers to do jobs "to benefit (Smith's)

political party," Green alleged.

Smith today pleaded not guilty before County Court Judge Frank Geraci Jr. and he was

released on his own recognizance.

Robutrad, which is now defunct, was created in the late 1980s to provide trades workers to

Monroe County. Nine former Robutrad employees have pleaded guilty to petit larceny,

admitting that they were paid by the county for work was not county-connected.

"As I stated when my administration first uncovered wrongdoing and launched the

investigation of Robutrad, , no one in county government is protected from scrutiny or

prosecution," County Executive Maggie Brooks said in a statement today after Smith's

indictment. "... Anyone who has violated the public's trust or has stolen from taxpayers will

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ultimately be held accountable."

Authorities have alleged that former County Department of Environmental Services employee

Robert Morone had Robutrad workers do odd jobs for politically connected individuals and

Morone's friends and family. Many of those who had work done may not have known that the

Robutrad workers were being paid by the county at the same time, authorities say.

Morone faces both federal fraud charges and state charges of grand larceny. The federal

criminal complaint against Morone alleged that Smith learned that Robutrad workers and

Morone were at a strip club in May 2008 "while being paid by the county."

"Deputy County Executive James Smith learned of such trip and confronted Morone and the

Robutrad workers," said the complaint from FBI Special Agent Michael Yerdon. "However,

neither Morone nor the Robutrad workers were formally disciplined."

In a March interview with Yerdon and Sheriff's Office Investigator Patrick Crough, Smith

denied protecting Robutrad, according to court records.

He said he first learned of wrongdoings with the strip club report, and went with an assistantto confront the workers. He said he gave Smith "a significant verbal reprimand," and did the

same with the Robutrad crew.

In the interview, Smith at first told investigators that he didn't fire Morone and the workers

because sheriff's officials wanted to conduct an investigation, the report states. When told the

strip club event was at least a week before the Robutrad investigation started, Smith then

said he hadn't taken more actions because "he wanted to get a better understanding of what

Morone and the Robutrad crew was up to," the report states.

Smith said the first solid information he received about problems with Robutrad was in May2008, but he did acknowledge that former Department of Environmental Services chief John

Graham complained several times about the workers. Smith said he did not act then because

Graham had no specific examples of wrongdoing.

When asked by Crough "if he ever directed and/or implied in any way to Graham to back off

of Morone and the Robutrad workers, Smith said 'No,' " the report says. "When Investigator

Crough asked if he ever gave Graham a vague directive to 'make Morone comfortable,'

Smith said 'No.' "

At one point in the interview, Smith was asked whether he had said an investigation into

Robutrad "would be the downfall of the Republican Party." He answered that he had not

made such a statement, but may have said "it could get ugly or complicated."

Smith, who resigned in April, had served as deputy county executive since October 2005.

During his career, Smith had served as a Greece Town Board member, Monroe County

Water Authority executive director and deputy director, communications director for Monroe

County government, deputy director of communications for the county, and public information

officer for the county's Office of Emergency Preparedness and the county Fire Bureau.

Authorities have painted Morone, the former chairman of the Gates GOP committee, as an

individual who pushed Robutrad workers to help Republican candidates with campaigns.

Workers helped at fundraisers, marched in parades, and set up campaign signs. Morone

sometimes arranged for bolstered overtime payments to the workers in repayment for their

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political "volunteering," authorities allege.

According to the complaint against Morone, Morone e-mailed GOP officials and some county

officials -- including Smith -- on May 31, 2008 apologizing that he had not turned out as many

people for an event as he'd hoped.

"There were a total of 36 marchers," the e-mail said, according to the complaint. "27 of those

36 were my crew, all organized and 'hand fed' by me. I apologize, as I think I could have

done better."

Smith's lawyer, Joseph Damelio, said he has yet to learn the specifics of the allegations.

A trial is set in the case for March.

Smith's arrest could be of particular embarrassment for the administration of Brooks, who

insisted his resignation had nothing to do with Robutrad. She also has said she thinks no

county employees other than Morone had committed wrongdoing in connection with

Robutrad.

Brooks has noted that her administration brought the allegations of Robutrad crimes to lightand asked for an investigation by the Sheriff's Office. The FBI later joined the investigation.

District Attorney Green also said today that Brooks brought the Robutrad matter to law

enforcement immediately after learning of possible wrongdoing.

In a statement released today, Brooks said that her administration has fully cooperated with

the investigation.

"We must now let the judicial process play out," she said.

GCRAIG@DemocratandChronicle.com

_______________________________________________________________Indexing (details)Subjects Political parties, Indictments, Criminal investigations, Official

misconduct, County executives, Public officials

Title Former deputy county executive charged with official misconduct

Authors Craig, Gary

Publication title Rochester Democrat and Chronicle

Publication year 2009

Publication Date Oct 7, 2009

Year 2009

Section NEWS

Publisher Gannett Co., Inc.

Place of Publication Rochester, N.Y.

Country of publication United States

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Source type Newspapers

Language of Publication English

Document type News

Subfile Political parties, Indictments, Criminal investigations, Official

misconduct, County executives, Public officials

ProQuest Document ID 442138374

Document URL http://ezproxy.drake.brockport.edu:2048/login?url=http://search.proqu

est.com/docview/442138374?accountid=26985

Copyright Copyright 2009 - Rochester Democrat and Chronicle NY - All Rights

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Last updated 2010-06-30

Database Rochester Democrat and Chronicle