Ethics complaint against Rochester council member, park board member dismissed

May 29—ROCHESTER — An ethics complaint filed against a Rochester City Council member has been dismissed.

The city's Ethical Practices Board unanimously voted Wednesday to dismiss the complaint against council member Shaun Palmer, with several members pointing to a lack of specific allegations filed by Rochester resident Benjamin Zastrow.

"Just because we dismiss it doesn't mean we think it's frivolous," ethics board member James Rechs said.

Zastrow's complaint centered around Palmer's involvement with Friends of Silver Lake, an informal community group that has been involved in volunteer park upkeep and promotion, with some members organizing efforts to oppose the proposed replacement of Silver Lake Dam.

Zastrow, who is a member of the city's Heritage Preservation Commission, said he believes Palmer has a leadership role in the group that conflicts with his council role, stating he has cast council votes on park issues since 2018.

Board members pointed out that no specific votes were cited in the complaint, which made it difficult to determine whether they were related to policy decisions or the council's role in interpreting existing regulations.

Rochester City Attorney Michael Spindler-Krage said it's not uncommon for council members to publicly voice opinions ahead of voting on policy decisions, but an additional level of discretion occurs when interpreting regulations, which is referred to as a quasi-judicial decision.

"It is not unusual for council members or board members to have some particular interest in a public policy," he said, pointing out council members are allowed to advocate for policies they support.

When it comes to council rulings on development requests and other matters related to interpreting existing regulations, he said council members are expected to hold off voicing opinions until after evidence and arguments are reviewed.

Spindler-Krage said he doesn't recall any council decisions related to Silver Lake or its dam that fell within the quasi-judicial realm. Decisions on proposed park changes and potential funding would typically be considered policy matters.

Two board members — Faye Harris and Christine Li — initially proposed holding off a decision Wednesday to research whether Palmer voted on any quasi-judicial matters related to the Silver Lake Dam in the past year, which is the time period subject to review related to an ethics complaint.

"I would like a little bit more information and confirmation on his voting record," Harris said.

The remaining board members cited a preference to move forward to avoid requiring additional staff time to review all past council votes. They said Zastrow could file another complaint if he has allegations related to specific council votes.

"Even if they were quasi-judicial, it would also have to show there was some prejudgment on that issue that would impair the impartiality," Ethics Board Chairman Daniel Borup said.

Borup said the option to submit added details in a potential future complaint will be included in a letter to Zastrow, who was also in attendance during the meeting on Wednesday.

When it came to allegations that Palmer and Rochester Park Board member Dick Dale failed to properly disclose their roles in the Friends of Silver Lake, Spindler-Krage said the pair weren't required to report any participation because the group does not receive city funds and the positions are not tied to their employment or city position. Both opted to include their membership status on their ethics disclosure forms.

Additionally, the ethics board determined that the group's ability to put signs in the park wasn't considered a special privilege because other groups were granted the same ability.

A letter submitted to the Ethical Practices Board by Parks and Recreation Director Paul Widman stated that Dale sought to post the temporary signs to raise awareness of an effort to recruit participants in the city's Litter Bit Better campaign, but the request was similar to others that were approved.

"To me, it doesn't seem like any special privilege, certainly not a financial privilege," Borup said.

In addition to dismissing the complaint against Palmer, the board unanimously dismissed Zastrow's complaint against Dale.