Smithtown You Have A Supervisor - Vecchio And Nowick Appointed

Supervisor Vecchio signs his Oath of OfficeThe Town Board met Thursday evening to appoint Patrick Vecchio and Lynne C. Nowick to the offices they were elected to fill in the November 2013 election. The ceremony was brief, the audience was filled with Vecchio supporters, curious residents and political beings. They showed their affection and support for the Supervisor with applause and cheers.

Deputy Supervisor Tom McCarthy read a resolution calling for a vote to appoint Patrick Vecchio to the office of Supervisor for a term ending Dec. 31, 2014. Town Clerk Vincent Puleo called the names of the three seated councilmen. Councilman McCarthy “yes”, Councilman Wehrheim “yes”, Councilman Creighton “yes”. Finished. The thirty-five year incumbent was back in office; at least for another year. Applause followed. Supervisor Vecchio was seated in the front row of seats taking it all in. 

The second resolution called for the appointment of Lynne C. Nowick. Again a unanimous vote. Councilwoman Nowick was not in attendance. 

McCarthy thanked the Councilmen and invited Judge J. Toomey up to the dais to administer the oath of office to Patrick Vecchio. He then requested that the Supervisor sign the oath making it official. Supervisor Vecchio went on to thank the councilmen and the audience for their support.

Meeting adjourned. There was no opportunity for the public to comment.

Town Clerk Vincent Puleo in an interview with Smithtown Matters Thursday afternoon said he was going to address the Town Board at the meeting. There was no opportunity for him to do so. He had copies of his prepared text which he distributed to the press.

Town Clerk Vincent Puleo’s statement:

This past week has seemingly been open season on my integrity and honor. Although I was out of town on a pre-arranged vacation, my silence has been deemed an admission of some sort of guilt. I assure you that guilt is the last emotion I feel as I seek to set the record straight. The saying “Don’t shoot the Messenger” has never been truer than in this instance.

There have been many false statements regarding how the Oaths of Office have previously been filed here in Smithtown. NEVER have I or any member of my staff ever brought the required paperwork to a Town Official. All officials including Supervisor Vecchio, have ALWAYS come to the office of the Clerk, and whether witnessed by myself or my staff, executed all documents in my office. ln 2005 & 2010 the oaths were signed in my office after the swearing in on the steps of Town Hall.

There are many offices in Smithtown both elected and appointed which are never sworn in on the steps of Town Hall. But most of those individuals managed to find their way to the Clerk’s Office within the required time periods

It is somewhat disconcerting to me that this dereliction of duty has not been appropriately placed at the feet of those who failed to meet their obligations. Nor is it comprehensible to me how these individuals can show indignation and skirt their own failings without as much as an apology to those who elected them.

There was no agenda, no grand conspiracy. No one purposely withheld information from anyone. The office of the Clerk was available to all those who had a responsibility pursuant to their job description to use due diligence to insure that their Oaths of Office were filed on time.

Lastly, may I say that I am as disturbed as my fellow residents that such a debacle has occurred in our Town. However, it would have been a dereliction of my duties to fail to report the lack of filings. As an elected official myself, I take pride in doing my due diligence in effectuating my job.

It is my hope, that I have clarified some of the misconceptions and laid to rest the conspiracy theories which have found their way in to the media.

Vincent Puleo Town Clerk

Town Clerk Vinny Puleo "I was never looking to disenfranchise the public's vote..."

Exclusive with Town Clerk Vinny Puleo

I Was Never Looking To Disenfranchise the Public’s Vote

by Maureen Ledden Rossi

Smithtown Matters spoke with Smithtown Town Clerk Vinny Puleo in his office today as he was readying for tonight’s special Town Board meeting.  Puleo was out of town until yesterday but has kept on top of all the media both written and broadcast.   “The Supervisor is telling the media that I always bring the paperwork to him, that’s simply not true,” he explained.  Puleo was first elected in 2006 and said the program that year included the Swearing Inn Ceremony and was followed immediately by Judge Toomey and all the elected officials going into his office.  The Judge first signed all the Oaths of Office, then the elected officials followed suit.    He said the exact same scenario played out in 2010 when Supervisor Vecchio was re-elected once again.  Smithtown Matters viewed the Oath’s of Office for Supervisor Vecchio for both 2006 and 2010 at the Town Clerk’s office earlier this week and in both circumstances; they were indeed signed on January 1^st.

Puleo despite much criticism is saying that he had no idea the Oaths of Offices were not signed and said the situation was the result of a very bad political climate between he and the Supervisor for the last two years.  “He’s the Supervisor, we are supposed to work together,” said Puleo.  However he said that the Supervisor has not uttered a single word to him in two years; that the Supervisor only deals with his First Deputy, Maureen Sussillo.   “He doesn’t even deal with me on my budget, he refuses to deal with me,” he explained.   “He doesn’t like me because I supported Creighton, big deal, the election is over.”

Puleo said that back in November right after the election he had all the Oaths of Office typed up and put into a book.   Puleo said that Judge Toomey was scheduled to come in to sign the Oaths sometime after the January 1^st Swearing Inn Ceremony.  Toomey had a slight scheduling conflict the day he was due to come in because of a court date so Puleo met him earlier so he could sign every single document. 

“Everything was printed up and ready to go, McCarthy came on January 10^th and asked where they were and I told him in the book,” he shared.   “McCarthy came in my office and I swore him in, then he signed the book and left,” he added.  Puleo said McCarthy had to get sworn in two times, once for Town Councilman and once for his appointed role as Deputy Supervisor (he was appointed such at the January 8^th organizational meeting hence the need for the 2^nd swearing in).

Puleo said that he never thought twice about the possibility that the Supervisor wouldn’t sign the book.  “He has three secretaries, a Deputy Supervisor and a Town Attorney,” he said.  Puleo said he is sincerely disheartened about the entire situation.  “It’s very unfortunate, I feel horrible that this happened,” he added.   However, The Town Clerk feels like he is being made the fall guy.   “Vecchio’s blaming everyone except himself, it’s everyone’s fault except his,” he lamented.   The seasoned elected official claims it’s a tactic the Town Supervisor uses to incite people.  “He’s tainting people, saying this is going to cost more money for a special election, but it’s not going to be a special election, there is one scheduled for a Congressional seat and for a Senate and Assembly seat,” he explained.    Municipal attorney Paul Sabatino, II corroborated that saying it’s only considered a special election when it doesn’t take place on Election Day. 

“As far as Lynne Nowick, I never thought about it, she got sworn in by Judge Sgroi, I thought she would take care of it herself,” he added.  He said it’s not customary for him to check the book.    He said after 20 years in public service he thought she would know that a paper had to be signed. 

“I was never looking to disenfranchise the public’s vote, it disturbs me that my fellow residents might feel that way and it disturbs me that my fellow residents have to go through such a debacle,” he explained.  Puleo plans on reading a statement at tonight’s special Town Board meeting called by Deputy Supervisor Tom McCarthy.  Puleo said that he took an Oath of Office and had to by law report the missing signatures.  “It would have been a dereliction of my duties to fail to report the lack of signatures,” he ended.   

The Town Clerk’s office is essentially the Secretary to the Town Board.  They deal with death and birth certificates, they do marriages in the office.  Puleo call it’s a bustling office, a hub of Town Hall.  They also handle multiple types of licensing, for boats, mooring, commercial garbage trucks, etc.  Puleo says Section 30 Subdivision 8 of the town law reads:    An office becomes vacant upon the refusal or neglect of the incumbents to file his Oath of Office with the Town Clerk.    Did Vecchio and Nowick neglect their duties, some say yes, many say no.   Did Puleo fail to do his job?   Many say yes, some say no.  Is this an archaic law that should be overturned?   Senator Flanagan and Assemblyman Fitzpatrick think so and are publicly calling for the over one-hundred old law to be overturned and they will be bringing their lofty desire to Albany. 

“They (the state) can carve out a special exception for this situation or change the statute going forward,” explained Sabatino.  He said given the fact that the law has been on the books for a one hundred years, if they are going to do it they should do it across the board.  Is it likely the law will be changed?   “There have been numerous occasions for the state to change the law, one of the cases the court specifically said, this is a matter that has been sacrosanct,” he explained.   He added that it would be an extraordinary event if they did change the law. He says the real question is once you open up the door, how far do you open up the door?    He questioned will they do it for this one case or with they do it for Suffolk County or will it be statewide.   “Under the present penalty under the law Vecchio and Nowick would have to run again in the general election and according to the Court of Appeals they would have to give back their salary from January to whatever the date of their valid appointment, he ended. 

Update on Thursday, February 13, 2014 at 9:51PM by .

Town Clerk Vincent Puleo was prepared to give the following presentation to the Town Board. Comments were not permitted. Mr. Puleo distributed his statement.

Vincent Puleo’s comments:

This past week has seemingly been open season on my integrity and honor. Although I was out of town on a pre-arranged vacation, my silence has been deemed an admission of some sort of guilt. I assure you that guilt is the last emotion I feel as I seek to set the record straight. The saying “Don’t shoot the Messenger” has never been truer than in this instance.

There have been many false statements regarding how the Oaths of Office have previously been filed here in Smithtown. NEVER have I or any member of my staff ever brought the required paperwork to a Town Official. All officials including Supervisor Vecchio, have ALWAYS come to the office of the Clerk, and whether witnessed by myself or my staff, executed all documents in my office. ln 2005 & 2010 the oaths were signed in my office after the swearing in on the steps of Town Hall.

There are many offices in Smithtown both elected and appointed which are never sworn in on the steps of Town Hall. But most of those individuals managed to find their way to the Clerk’s Office within the required time periods

It is somewhat disconcerting to me that this dereliction of duty has not been appropriately placed at the feet of those who failed to meet their obligations. Nor is it comprehensible to me how these individuals can show indignation and skirt their own failings without as much as an apology to those who elected them.

There was no agenda, no grand conspiracy. No one purposely withheld information from anyone. The office of the Clerk was available to all those who had a responsibility pursuant to their job description to use due diligence to insure that their Oaths of Office were filed on time.

Lastly, may I say that I am as disturbed as my fellow residents that such a debacle has occurred in our Town. However, it would have been a dereliction of my duties to fail to report the lack of filings. As an elected official myself, I take pride in doing my due diligence in effectuating my job.

It is my hope, that I have clarified some of the misconceptions and laid to rest the conspiracy theories which have found their way in to the media.

Vincent Puleo Town Clerk

Honor Our Votes Statement

Honor Our Votes Statement

I am Larry Shaw from the Old Northport Road /Lawrence Road Task Force and I am reading this statement on behalf of the following Town of Smithtown civics groups:

Commack Community Association

Concerned Residents of Charter Oaks

Feal Good Foundation

Friends of St. James & North Smithtown|

Fort Salonga Association

Kings Park Civic Association

Kings Park Neighbors Association

Lakebridge Association

Old Northport Road /Lawrence Road Task Force

Nesconset Sachem Civic Association, Inc.

Nesconset Taxpayers Association

San Remo Civic Association

Townline Association, Inc.

911 Responders Remembered, Inc.

NSCCA —-  North Smithtown Coalition of Civic Associations

Hillside Terrace Civic Association

Damin Park Civic Association

Edgewood Avenue Civic Association

Your constituents come here today to ask YOU, our elected officials, to hear our voices, and honor our votes.

For over two hundred years, the citizens of these United States have exercised the most cherished of rights, the right to vote for their elected leaders.  We have fought wars, and many have died, in part to protect and preserve that right; at other times, hundreds of thousands have marched on Washington simply because they sought the ability to cast a ballot for a chosen candidate.

The citizens of Smithtown exercised their rights this past November. Votes were cast, and our Town Board was chosen by the people of Smithtown.  Now, however, barely three months later, it seems that our collective voice risks being silenced; quieted by nothing more than the simple failure to timely file a document.

This is our Town Board. We pay thousands of dollars in taxes each year to insure that our quality of life is protected, that our schools are solid and well-respected, and all that which caused us to move here is preserved.

It is our right to have our votes count, and the outcome of an election honored. The voting process must be guaranteed, and the voices and choices of the residents of the Town of Smithtown must be respected and upheld.  In fact, the elected officials of the Town Board were chosen by the people for that specific purpose.

We respectfully call upon those now sitting on the Town Board to carry out the will of the electorate.  Appoint Pat Vecchio and Lynne Nowick to the Town Board now, and honor those votes recently cast.

Civics Urge Town Board To "Honor Our Votes"

by Maureen Ledden Rossi 

Despite the bitter cold February mid-day air, about one-hundred people descended on Town Hall Tuesday afternoon to demand that their votes in the November 2013 election be honored.  It was an enormous collaboration of 18 organizations from every corner of the town.  Smithtown is no stranger to protests, but today’s event was unique for a number of reasons. It was the first time in recent history that such an assembly of so many organizations joined together for one issue and spoke with a single voice. “Honor our Vote” was the message.  Another first, Smithtown’s Town Clerk Vincent Puleo last week declared two positions on the Town Board vacant due to the absence of Supervisor Vecchio and Councilwoman Nowick’s filed oath of office. The press conference was called to demand the remaining members of the Town Board appoint Vecchio and Nowick to their positions.

Historic - Tragic – Bad Politics – Republicans Behaving Badly?   Some might agree this fiasco fits the bill of all four.  However, at today’s “Honor Our Vote” press conference there was a non-partisan feel in the air.   It wasn’t about Democratic or Republican values, it was about American values.  The crowd, unlike those inside Town Hall, was entirely united and the mood was upbeat.  

Michelle Gary was on hand waving an American flag; she is from the Old Northport Road/Lawrence Road Task Force.  The Task Force is a somewhat new organization formed to bring local businesses into compliance with zoning laws in her residential community.  She said she felt today’s protest was enormously important.    “As Americans we should all be gravely concerned when the democratic process is threatened and disrupted by archaic laws, complacency or personal politics,” she explained.  

Disgust seemed to be the sentiment of many in the crowd.  Several Democratic politicians who ran in November were on hand including Rich Macellaro who ran for Town Council, Eddie Haeffer who ran for Town Clerk and Gary Jacobs who ran for Leg.  John Kennedy’s seat.   “It’s the job of the elected officials to work together – this dysfunction in government has got to stop;  it’s why so many of us were campaigning for change last year,” Gary Jacobs explained. * 

The Kings Park Civic Association was represented by its President Sean Lehman,  “If everyone was working in good faith this wouldn’t have happened,” he lamented.   He also told Smithtown Matters in a telephone interview that no matter who won in November, if it were Snair or Creighton, he would still be standing outside Town Hall to ensure that the votes of Smithtown residents counted.  He said he was pleased with the  turnout and the representation of so many groups like his own.    

Larry Shaw reading statement demanding the Town Board “Honor Our Votes”Larry Shaw from the Old Northport Rd./ Lawrence Rd. Task Force was chosen to make a brief statement on behalf of the mosaic of protestors.  “Your constituents come here today to ask you, our elected officials, to hear our voices, and honor our votes,” he shared.  “For over two hundred years, the citizens of these United States have exercised the most cherished of rights, the right to vote for their elected leaders,” he added.  

The montage of Smithtown residents weren’t the only ones demanding the situation be remedied immediately.  About four hours after the press conference, state law makers Senator John Flanagan (2^nd Senate District)  and Assemblyman Mike Fitzpatrick (8^th Assembly District) took their own action.    “The time for politics is over,” said Flanagan.  “This past November Smithtown voters spoke loud and clear by re-electing Supervisor Pat Vecchio and electing Councilwoman Lynne Nowick to the Town Board.”    Flanagan and Fitzpatrick stated their intention to introduce state legislation that would allow Supervisor Vecchio and Councilwoman Nowick to serve out their full terms, instead of having to launch a new special election in the fall.  A noble gesture, it would save taxpayers the cost of a new election; however, that legislation would have to go through both bodies of government, their Democratic opponents and ultimately Governor Cuomo.  

Earlier in the week Councilman Bob Creighton said that he had planned to vote yes on the Resolution to reinstate Vecchio and Nowick.    “The people of Smithtown spoke back in November and their votes should count,” he said.   

Deputy Supervisor Tom McCarthy and Councilman Creighton ran into each other in Town Hall on Sunday and discussed the situation that is galvanizing the town and has all political eyes on our small piece of Americana.   McCarthy said he was very impressed with his conversation with Creighton and with his demeanor.    “He was a complete and utter gentleman about it,” said McCarthy.  Councilman Wehrheim is out of town on a scheduled annual vacation and has not publicly weighed in on his decisions: however, many political insiders say they couldn’t image why he wouldn’t vote yes as well.

Organizations represented at Tuesday’s “Honor Our Votes” press conference:

Commack Community Association

Concerned Residents of Charter Oaks

Feal Good Foundation

Friends of St. James & North Smithtown

Fort Salonga Association

Kings Park Civic Association

Kings Park Neighbors Association

Lakebridge Association

Old Northport Road/Lawrence Road Task Force

Nesconset Sachem Civic Association, Inc.

Nesconset Taxpayers Association

San Remo Civic Association

Townline Association, Inc.

911 Responders Remembered, Inc.

NSCCA-North Smithtown Coalition of Civic Associations

Hillside Terrace Civic Association

Damin Park Civic Association

Edgewood Avenue Civic Association

* Originally posted as a comment from Eddie Haeffer. The comment was made by Gary Jacobs

Special Board Meeting Called To Appoint Vecchio and Nowick To Their Offices

On Thursday, three Smithtown Councilmen will decide the fate of Patrick Vecchio and Lynne Nowick. Appoint or not appoint is what they will be asked to vote on. A unanimous “yes” will return Patrick Vecchio and Lynne Nowick to their respective offices of supervisor and councilwoman. A yes vote by the three men and the saga of what some are calling “Oathgate” comes to a halt. It doesn’t end the saga but it does provide some breathing room. 

Vecchio and Nowick failed to sign and file their oath of office which resulted in the Town Clerk’s declaration that the two offices were vacant. The delay in reporting the absence of the oaths left no options for the board. The law is clear, failure to file an oath is fatal and the positions are vacated. The remaining three members of the board McCarthy, Wehrheim and Creighton must vote unanimously for the appointments or Vecchio and Nowick are out. Councilmembers do have the option of appointing other people to fill the seats but that seems highly unlikely.

Deputy Supervisor Tom McCarthy will offer resolutions to appoint Vecchio and Nowick at a special board meeting on Thursday evening. According to McCarthy he anticipates a unanimous yes vote. On Monday McCarthy spoke of conversations with Councilman Creighton. McCarthy stressed the professionalism and determination of Creighton to do the right thing and respect the voters will. 

Regardless of the appointments there will be a special election in November. Both Vecchio and Nowick will be required to run for re-election.

Smithtown’s Democratic Chairman Ed Maher has come out in support of upholding the results of the November 2013 election as did the former Democratic candidate Steve Snair.  Ed Maher’s statement