April 5, 2012 Council President Lynn Kopka Troy City Hall 1776 6th Avenue Troy, NY 12180 Dear

Council President, It is with regret that I find myself writing this letter. It was my hope that the city council and/or city administration would have addressed this issue, but to this point have not. I write this letter today as a resident of Council District 1 and taxpayer of the city of Troy. The testimony provided by current District 1 Councilman Kevin McGrath on Tuesday February 14 and Wednesday February 15, 2012 during the trial of the People of New York State against Edward McDonough and Michael LoPorto provided an alarming amount of evidence that Mr. McGrath was knowledgeable of the conspiracy to defraud voters of Troy and turned a blind eye during the 2009 primary election instead of alerting the authorities of his knowledge. Furthermore, in his own words, Mr. McGrath testified that he, himself, performed illegal acts and he would have been prosecuted if he was not to cooperate with the New York State Police investigation and with the special prosecutor. As a result of Mr. McGraths cooperation he was awarded an immunity agreement from the prosecution and has become a key witness in the trial. This causes one to ask, If Mr. McGrath was completely innocent, why is an immunity agreement necessary? Well, as recorded in the official transcript from the above referenced case the following is an excerpt of the cross-examination testimony of Mr. McGrath by Mr. Premo, defense attorney. Question by Premo: And you said a few minutes ago that you realize you committed crimes in this case. Is that correct? Answer by McGrath: I have been told, yes. It is my belief that through his own admission, Mr. McGrath is in clear violation of the Troy City Charter due to his disorderly conduct as outlined in Article VII, subsection C31. Unfortunately, this is not the first time Mr. McGrath has found himself on the wrong side of a moral, ethical, and legal matter. As further detailed during his testimony Mr. McGrath explained a number of criminal convictions in his past, which included a federal drug felony.

It is with this newly realized information, past and most importantly present, that I find it incumbent upon the Troy City Council to begin the expulsion process of Kevin McGrath as a Troy City Council Member. I have been personally contacted by dozens of neighbors and community members in Lansingburgh. All wondering how can Mr. McGrath continue to serve? No one wishes to punish anyone for poor decisions made in their distant past, especially if they have attempted to rehabilitate themselves since. However this is not the case with Mr. McGrath. There has been an alarming amount of poor decisions on his behalf over the years that culminated with an immunity agreement to tell what he knew and did regarding defrauding voters in the city of Troy. City Council Members have an important job. They are the individuals who make important financial decisions and enact laws and ordinances within the city. It is very disturbing that someone is making these decisions, when ironically enough; they themselves find it hard to express sound judgment in their own personal actions. Currently, four individuals, two of whom Mr. McGrath gained immunity to testify against, have proclaimed their innocence and are relying on the justice system to see them through. This is while the city administration and city council turn a blind eye to one individual who has already admitted his own guilt. It is incumbent upon you to do what is right for the City, its residents and taxpayers. Here is your opportunity to set the example, put aside political alliances and do what other legislative bodies have done when a member demonstrated poor ethical and moral judgment. Sincerely,

James R. Gordon 528 7th Ave. Troy, NY 12182

Cc: Mayor Lou Rosamilia, Governor Andrew Cuomo, and Attorney General Eric Schneiderman