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Pat Vecchio Taking Oath of Office Jan. 1, 2014Is Patrick Vecchio’s tenure as Town Supervisor coming to an end? According to a memo sent by Town Clerk Vincent Puleo to Town Attorney Matt Jakubowski, it is already over. In a move that has stunned almost everyone in Smithtown, Puleo sent the memo dated February 5, 2014, subject line: Oaths of Office, stating, “This is to notify you that, as of today, this office does not have the completed Oaths of Office on file for the following people: Patrick R. Vecchio, Lynne C. Nowick, Mark Riley, A. Lawrence Liquori and Paul Hedger(last three people are appointed). I declare these offices as vacant. Pursuant to Section 25 of Town Law, these Oaths should be filed in the Town Clerks Office within 30 days of taking and subscribing to the oaths.”
Newsday’s Rick Brand reported the story online Thursday night and the word quickly spread. Vecchio and Nowick, who both won their elections in November by comfortable margins, had not filed the oath of office with the Town Clerk within the thirty day time period required by law and therefore, they were no longer entitled to fill the seats they were elected to hold. The swearing in ceremony held on the front steps of Town Hall on January 1st was just that, a ceremony. A signed and witnessed document filed in the Town Clerk’s office is required by law.
In Smithtown there is a history of the Town Clerk presenting the Oath of Office to elected officials to be signed. According to Supervisor Vecchio in the past, the oath has been presented to him to be signed and then filed. The law is clear, the document must be signed within thirty days and filed. (As an elected official;)
Lynne C. Nowick Taking Oath of Office Jan. 1, 2014 my oath of office was presented to me and signed in the presence of the Town Clerk). This year things are different in Smithtown. There was a hotly contested election for Town Supervisor and Councilperson. Councilman Creighton changed his party affiliation from Conservative to Republican to mount a primary against the incumbent Patrick Vecchio. Lynne Nowick challenged Kevin Malloy for his seat on the Town Council winning handily. The public spoke in the primary and in the election handing a big win to Team Vecchio (Vecchio, McCarthy and Nowick) and a huge loss to Team Creighton (Creighton , Malloy, Puleo). Town Clerk Puleo won his re-election, Councilman Creighton remained in his position as a Councilman, and Kevin Malloy lost his election. It was a bruising battle that created hard feelings for both teams.
According to comments made by Puleo he was not invited to the July 1st swearing in ceremony, did not attend and therefore did not present the oath of office to the elected officials at Town Hall.
Puleo is quoted in the Times of Smithtown as having learned about the omission recently. He pointed to the fact that Coucilman McCarthy and Superintendent of Highways Glenn Jorgensen, as well as appointed board members came to his office and completed their oaths. He also indicated that he does not have the responsibility to provide the oath of office to electeds and appointees, nor is he responsible for following up on their signatures.
As of this time there has been no resolution to the question of whether or not we have a Supervisor and a four person Town Council, or a three person council consisting of McCarthy (filed his oath), Wehrheim, and Creighton. Without a resolution soon the Supervisor is predicting much chaos for the residents of Smithtown. “Spending bills need to be approved with four votes and there is every indication that we will need a note for the highway department’s snow removal.” stated Vecchio.
There are many attorneys who specialize in municipal law looking at Smithtown’s problem and offering conflicting views. So far a resolution has not been presented. Will it go to court? Historically there is precedent. A similar situation involving former Superintendent of Highways James Dowling and his oath of office was resolved by the council’s willingness to vote to allow him an extension. There does not seem to be any precedent for a Town Supervisor who has fiduciary responsibilities and has not filed an oath of office. What will happen? According to Vecchio “No one knows. It would seem that there is a legal responsibility but there is no doubt that there is a moral and ethical responsibility.”
According to sources Puleo has sent off a letter to Comptroller Louis Necroto advising him of the vacancies. A move that would discontinue salary and benefits to the embroiled elected officials. Both Vecchio and Nowick went to their offices at Town Hall today and continued to fill their roles. Without a quick resolution they may not be able to do this much longer.