Mirabito should recuse himself on fracking issues

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February 16, 2012

Anonymous Daily Star The Daily Star Thu Feb 16, 2012, 05:16 PM EST

It would be difficult to find any local resident who has been as community-minded as William "Bill" Mirabito.

A respected businessman who has given generously to several causes, Mirabito has taken on more than his share of thankless tasks, including being a member of the Oneonta school board, and currently, the town board.

Mirabito is clearly a man of integrity.

That is why he must recuse himself from any involvement with the Oneonta Town Board's debate and voting concerning proposed moratoriums on natural gas drilling.

Mirabito said he is a 21 percent shareholder of Mirabito Holdings, which owns 10 percent of Corning Natural Gas. Because of that 10 percent stake in that company, Mirabito said, he sits on the board of directors for Corning Natural Gas.

Mirabito Holdings and Corning Natural Gas each has a 50 percent share in Leatherstocking LLC, which Mirabito said is pursuing pipeline franchises in Chenango County.

None of the companies is involved in gas leasing or gas drilling, he said.

Mirabito said Sunday he has consulted with his own attorney, David Merzig, town attorney Richard Harlem, and a corporate attorney, and they have determined there is no conflict of interest.

"If someone told me there was a conflict, I would recuse myself," he said. "I don't have any conflict."

Perhaps not, but when it comes to public confidence in a councilman or the board itself, the appearance of a conflict of interest is as damaging as an actual conflict.

We firmly believe that Mirabito would not allow his possible fiduciary interests to interfere in what he believes is best for the town. But that said, any vote or argument by him in favor of a shorter rather than longer moratorium would come into question by opponents or observers of the process.

For instance, at a recent board meeting, Mirabito brought up the possibility of the town being vulnerable to threats of lawsuits based on moratoriums.

It was a good point. At least, it was something worthy of consideration.

But for it to be put forward by Mirabito immediately made it subject to speculation regarding his motives.

There are members of the board who do not have an open mind when it comes to the hydrofracturing issue. Some have been elected primarily based on their opposition to fracking.

But there is a difference in politics of all kinds between someone having a political prejudice and those who might benefit financially from a bill or policy.

Perhaps that shouldn't be the case, but there it is.

Because Bill Mirabito is an honest man, it should be clear that the right thing for him to do is to recuse himself.