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    Flagler Complaint

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    600 views10 pages

    Flagler Complaint

    Uploaded by

    Ryan
    Flagler Complaint

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 10
    Board of Ethics Monroe County, New York Certification of Action Taken By Monroe County Board of Ethics WHEREAS, a public meeting of the Monroe County Board of Ethics was held at 2:00 PM on June 3,021, and WHEREAS, at suid meeting, the Board reviewed the complaint received from ‘member ofthe public concerning County Legislator Ernest Fagler-Mitchell and the report, ‘regarding that complaint prepared by the Boar's independent counsel, David Rothenberg, Esq, NOW THEREFORE, at the public mecting ofthe Board held on June 3, 2021, the Monroe County Board of Ethics took the following ations 1. Upon the motion of Mi. Osborne, seconded by Ms. Rosario Escher, the Boxd unanimously voted to adopt the report prepased by the Board's independent counsel, David Rothenberg, Esq, including the conclusion that Legislator EmestFlagler-Mitchell violated Seetion 45-13 of the Monroe County Code of Ethics, as the report of the Board of Ethics regarding this mater, 2 Upon the motion of Ms. Rosario Escher, sesonded by ME. Osborne, the Bourd unsnimously voted pursuant to Section 45-25(B) ofthe Monroe ‘County Code of Ethics tha! the Board's report concerning this matter be made publi. IT1S SO CERTIFIED. Dated: Sune 3, 2001 AS was Hila Rosario Escher Secretary, Monroe County Board of Ethics ‘County Office Building 39 West Main Street ‘Rochester, NY 14614 Witness: iee Gini if ‘Chaic, Monroe County Board of Ethics ‘County Office Building * 39 West Main Street * Rochester, NY 14618 ROTHENBERG LAW A TRIAL LAWYERS. june , 2021 Joanne Gira, Chair Monroe County Board of Ethics County Office Building Room 210 49 W. Main Street Rochester, NY 14614 Re: Legislator Ernest Flagler-Mitehell Dear Ms, Giufrida: am writing you in your eapacity as Chair ofthe Monroe County Board of Ethie. As you know, out firm was retained by the County of Monroe “to provide independent legal and investigative services tothe Monroe County Board of Eies” in connection with a complaint against County Legislator Ernest Flaglet-Mitchell, This later constitutes our epert eonceraing our investigative conchsians and ‘To assist our office in conducting this investigation, we retained the servzes of Empire Risk Resolutions, Ine—George and Wanda Markert—both of wham ‘rmerly worked as law enforcement officers and are experienced investigators In addition, our office was provided with file materials from the Monroe County District Attorney's office, which office had investigated Mr. lagle-Mitchells ‘onduet prior to our retention. As detailed belose, whenever we were unable to interview potential witnesses, whether because we could not locate the witness or ‘tecause the witness declined to respond to inquires from our office ot from Empire Risk Resolutions Inc, we relied on summaries of interviews which were conducted by representatives ofthe District Attomey’s office COMPLAINT. Insimplest terms, the complaint against Me. Flagler-Mitchell was made bya young, foamale (then 19 years old) who received a photo, via Facebook messaging of an ‘erect penis, sent to her by Mr. Flagler-Mitchell late one evening in Novertber of ‘The complainant, Lakaya Sinclair, isa young woman who met Mr. Fagler-Mitchell sta community event that followed a mass shooting on Pennsylvania Avenue inthe {ity of Rochester in September of 2020. The event was attended not only by "eighborhood residents, as wel as friends and farlyof the shooting victims, but ROTHENRERG LAW Joanne Giufrida, Chair Monroe County Board of Ethies ‘June, 2021 Flagler-Mitehell introduced himself to her as a Montoe County Legislator. In turn, she told Mr. Flagler-Mitchell that she was an aspiring photographer. During that conversation, Mr. Flager-Mitchell gave his business card (which identified him asa ‘County Legislator) to Ms. Sinclar. though Ms. Sinclair then told Mr. Flager- Mitchell that had Facebook page, abe dv im ether telephone ‘number or an email adress. ‘The following month, in October of 2020, Mr. Flagler-Mitchell reached out to Ms. Sinclair via Facebook. Initially he sent Ms. Sinclair a friend request, which she ‘aeepted. Then, having fiended Ms. Sinclair, Mr. Fagler-Mitchell began ‘communicating with her using Facebook's instant messaging feature. During these Facebook messages, Ms. Sinclair advised Mr. lagler-Mitchell that se ‘was having difiulty obtaining financial aid at Monroe Community College (CMCC) and asked if he could help her in that respect. Eventually, Ms. Sinclair was pt in touch with an individual who supposedly could help out with her financial bid dificuties, although she reports that nothing of substance came of that contact. (Ms. Sinclair further reports that there were messaging exchanges during October, ‘ost of which concerned het need for financial aid at MCC, However, at one point ‘October, Mr. Flagler-Mitchell's messages turned more personal. For example, he rmade reference tothe fat that both of them were Capricorns. ‘Ms. Sinclar next reports that she began receiving instant messages from ME. Flagler-Mitehell at inappropriate times namely late at night. This roubled Ms. Sinelie, who was then in a relationship. Furthermore, at one point Mr. Flagler ‘Mitehel sent her a message that consisted only of three heart emoji, with no text, ‘Ms. Sinclair explained thatthe Facebook platform identities which Facebook fiends are actively using the platform at any given time. Thus, if Ms. Sinlair was up late and on her Facebook page, Mr. Fagler-Mitchell was abe to tell fom his| ‘own device that she was then using Facebook. (On November 24, Ms. Sinclair messaged Mr. Flagler-Mitchell advising that she ‘would like the opportunity to do photography at any of his public speaking events He replied with a message that he may havea project for her. However, when she asked him about the supposed project, Mr. Flagler-Mitehell replied as follows: il let you know when I get out of bed. Tam up, but doing self love you know how us Capricorns do. He closed the message witha smiley face emoji anda heart emo The District Atorney’s office obtained copies of the Facebook messages between ‘Ms. Sinclair and Mr Fagler-Mitchel; quoted pasages ae taken ftom sereen shots of those messages. noruensenc aw ; be Joanne Giuffrida, Chair Monroe County Board of Bthies ‘June, 2021 Shortly thereafter, on November 24, 2020, Ms. Sinclair received a Facebook ‘message from Mr. Flagler-Mitchell which consisted ofa photograph of anerect, nisin the grip of a man's hand, When Ms. Sinclair replied that “this i wei,” Mr, Flager-Mithell deleted a number of his previous Facebook messages. Allin al, it appears from the screenshots that Mr. Fagler-Mitchell deleted at leat a dazen of his messages to Ms. Sinclair. We are advised that, when a Facebook user deletes his arher own messages, they disappear not only from the user's Facebook page, but, ffom the recipient s Facebook page as wel, Ms, Sinclair also reports that after the Democrat & Chronicle reported about her ‘complaint against Mr, Flagler-Mitchell,she received telephone calls from three ‘women who had reached out to Ms. Sila va a mutual frend These three ‘women told Ms. Sinclair that they had received similarly inappropriate messages ‘rom Mr. Flaglet-Mitehell in the past. While this investigation was under way, Ms. Sinclair inadvertently encountered Mr. Fagler-Mitchell one weskend morning at a diner in Rochester. She was bwving, ‘meakfast with a family member when four men entered the diner. At rst Ms- Sinclair didn't recognize any ofthe men, even though she reports that the four men ‘were staring at her, cause they were al wearing masks. When the men emoved thei masks, she recognized one as being Mr. Fagler-Mitchell She became

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