Op Ed - Political Chess Move Gone Bad

Political Chess Move Gone Bad

by  Maureen Ledden Rossi

Thanks to the help of Bing, Merriam Webster and Wikipedia, I have compiled a short glossary for Mr. Puleo and our readers.

Dereliction: neglect of duty: deliberate neglect of duty or obligations, abandonment: the act of abandoning a building, state of neglect: a state of abandonment or neglect.

Moral: of, pertaining to, or concerned with the principles or rules of right conduct or the distinction between right and wrong; ethical: moral attitudes. expressing or conveying truths or counsel as to right conduct, as a speaker or a literary work. founded on the fundamental principles of right conduct rather than on legalities, enactment, or custom: moral obligations. capable of conforming to the rules of right conduct: a moral being. conforming to the rules of right conduct (opposed to immoral http://dictionary.reference.com/browse/immoral> ): a moral man.

Infighting: prolonged and often bitter dissension or rivalry among members of a group or organization.

Protest: To express strong objection. . A formal declaration of disapproval or objection issued by a concerned person, group, or organization. An individual or collective gesture or display of disapproval.

Recall Election (also called a recall referendum or representative recall) is a procedure by which voters can remove an elected official from office through a direct vote before his or her term has ended.

Grand Jury: a jury, at common law, of 12 to 23 persons, designated to inquire into alleged violations of the law in order to ascertain whether the evidence is sufficient to warrant http://dictionary.reference.com/browse/warrant trial.

Vendetta: a prolonged feud: a prolonged bitter feud or quarrel

Apology: a statement saying that you are sorry about something : an expression of regret for having done or said something wrong apologies : an expression of regret for not being able to do something

Debacle: chaotic failure: a sudden disaster, defeat, or humiliating failure

My goodness we find ourselves in the midst of a political debacle in Smithtown . Due to a one-hundred year old law, we have been provided an education in the protocol and legalities of our Oath of Office ceremony. Apparently the ceremony, despite using the very cool Bible from the Holy Land and having a host of judges on hand is merely ceremonial. We have learned over the past few days that it is the signing of the “Oath of office”paperwork that makes the whole thing legit. Oooops.

A respected expert in the field of municipal law, Paul Sabatino II has been practicing for thirty-six years and has served as counsel for the Suffolk County Legislature. In a conversation with Mr. Sabatino he explained that Smithtown’s Town Clerk Mr. Vincent Puleo had no legal duty to inform Supervisor Vecchio and Councilwoman Nowick that they had failed to sign the appropriate paperwork. There was no legal dereliction of duty. However, that does not mean there wasn’t a gross moral dereliction of duty on Puleo’s behalf.

In my exclusive interview with Sabatino on Friday by phone, he stated that the law is clear; there is no ambiguity, no defense. He stated that the Supervisor and Council positions were indeed void. He said the town would absolutely have to run a special election in November for both vacant seats – the Supervisor’s and Councilwoman Nowick’s. Sabatino also offered that in essence Mr. Puleo didn’t have the legal jurisdiction to declare the positions void, the state law does that. In addition he stated that state law says the filing of the vacancy with the County Clerk must be done immediately upon the Town Clerk becoming aware of said vacancies. A check with the County Clerk’s office today indicated that the county has not at this time received that document.

What was Mr. Puleo thinking? How did he allow this to happen? Was he the only one who knew? There is talk on the streets of a potential Grand Jury Investigation – and there is even a call by Puleo’s Democrat opponent (2013) Eddie Haeffer for a Recall. However, as of 2013, there is no recourse for a Recall under state law. Was this some type of vendetta? Anyone who follows Smithtown politics knows full well the infighting has been ongoing; it has been ugly and divisive. Maybe it’s time for some reflection in Town Hall; maybe all our elected officials need to carefully examine what has transpired over the last few days. Both sides need to commit to the best possible government for the people and that will result only when the petty infighting culminates.

At the end of the day, what did this failure of action accomplish? The people of Smithtown spoke back in November at the ballot box and their decision should have been upheld by the Town Clerk’s office. Going forward, what will a special election cost? There is a number being bantered around in the two hundred thousand dollar range. That is a lot of money, wasted money. This is an outrage and throngs of Smithtown voters in every corner of our bedroom community are outraged by this situation. Civic Groups in Smithtown are calling a Press Conference at Town Hall on Tuesday at 12:30 p.m. to decry this injustice, to decry this political chess move gone bad.

On Thursday there will be a special Town Board meeting where Deputy Supervisor Tom McCarthy is expected to make a resolution to appoint Supervisor Vecchio and Councilwoman Nowick. Will Creighton and Wehrheim vote with McCarthy and make it official? I believe they will. I have the good fortune of knowing both men, I know firsthand that they care deeply about their town and the people who reside here. They are consummate public servants. I’m not a betting woman but at this point I’d bet my good pearls that Vecchio and Nowick will be back in office by Thursday night. I’m counting on it, all Smithtown residents are counting on it. As far as Puleo, who is known by many as a wonderful family man, a dedicated volunteer and a good human being, there is still time for an apology. An apology might not seem sufficient for everyone, nor will it negate this scandal but it would indeed be the moral thing to do.

Maureen Ledden Rossi

Two Vacancies At Town Hall? Depends On Who You Talk With

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 officialLynne 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.  

Editorial - Dear Town Clerk Vincent Puleo,

Dear Town Clerk Vincent Puleo,

Congratulations on your recent coup d’tat. Overthrowing New York State’s longest serving Supervisor is quite an accomplishment.  And this is a twofer a Supervisor and Councilwoman, WOW!  How can we possibly thank you for doing that which the public refused to do, dump Vecchio?  It’s not like an election means anything, who believes that nonsense about democracy and citizens exercising their right to determine who leads them?  

Oath of office ceremony Jan. 1, 2014Why do we need any of that when we have a super hero like yourself waiting and waiting and waiting thirty days and thirty nights. It must have been difficult to contain yourself at the last board meeting knowing that the residents pouring their hearts out to the board were doing it for naught. You knew the board, the votes, the actions they took were bogus.  But you sat there and waited.  Was Mr. Zollo in the audience to witness the mockery of democracy or was that by chance?

I can’t imagine why anyone would believe that you had a responsibility to your constituents to ensure that the oaths were filed in your office as stated on the Town Clerk’s page of Smithtown’s website item 1A.  And all of that talk about a moral responsibility, what’s that about?  Politics is for winners and by your actions everyone will know what an awesome winner you are.

Besides ethics, morals and integrity are concepts meant for the voters, not winners. Another concept that you exposed as a falsehood is that a conservative like yourself is about being frugal with taxpayer money. Now that’s something we can all chuckle about. What is this special election going to cost residents? I’m thinking hundreds of thousands of dollars. That’s the great part of being the winner you are, you don’t have to worry what people think of you and don’t have to explain yourself . 

Town Clerk Puleo, thank you again for finding a way to rid the town of  Vecchio. I don’t know when you will see this,  because I understand that you are out of the office for a few days. Enjoying your success I guess. I do have a question for you: who should Smithtown voters trust. Is it you? Is it our town council? A newly appointed board member?  A Conservative? Or no one?

I don’t mean to go on and on with this letter, but since you waited thirty days and nights before letting the public know that the oaths were not filed, I figure you are a patient man. Who does a winner like yourself envision as the new supervisor? Creighton? He was rejected by the voters (not that that would bother you), Wehrheim? Maybe yourself? You have nothing to lose if you ran, you could still hold on to your office. That’s what a winner might do.

One more thing awesome elected Town Clerk Vincent Puleo,  on second thought, a winner like you doesn’t need any advice or support from me. I’ll reserve my support for voters.

Pat 

Smithtown Dish – small bites of foodie news - LI Pulse Highlights Alpine Bakery

Smithtown Dish – small bites of foodie news

By Nancy Vallarella

Congrats to Smithtown’s Alpine Bakery for being one of the five bakeries celebrated in this month’s issue of Long Island Pulse Magazine. Beside their 30 year family owned history, the Alpine’s from scratch cannoli was highlighted in the article titled Master Sweets.

ShopRite customers take notice that Newsday home delivery customers in Smithtown received ShopRite of COMMACK sale circulars in place of ShopRite of HAUPPAUGE sale circulars last week. ShopRite stores are individually owned and sale items can vary from store to store. ShopRite of COMMACK circulars did not have in store coupons. Bring your COMMACK circular to the HAUPPAUGE store and they will give you a circular with in store coupons effective thru Saturday, February 9.

A Municipal Parking Lot For Kings Park? Councilman Creighton Asks For Appraisal Approval

Site of proposed municipal parking lotA 20-22 parking space municipal parking lot on Pulaski Road in Kings Park has been proposed by Councilman Robert Creighton.  The cost of the wooded lot located behind the Park Bakery Shop pre-appraisal is $279,000. Councilman Creighton along with Councilman Wehrheim support the purchase of the lot and would like to move forward by getting an official appraisal of the property. 

The appraisal is expected to cost approximately $2,000.  The proposed municipal parking lot is a response to 604 signatures on a petition calling for increased parking in the hamlet of Kings Park. At the Tuesday morning work session Councilman Creighton asked his colleagues to give him a “yes” or “no” on moving forward on the appraisal. The response was “NO” from Supervisor Vecchio and “we need more information” from council members McCarthy and Nowick. Councilman Wehrheim was not at the work session but supports the proposed municipal parking lot and moving forward on the appraisal. 

Pulaski Rd., Kings ParkAll council members agree that there is a need for additional parking in downtown areas throughout the town. How the town will address its parking deficit is the issue before the board. Supervisor Vecchio adamantly rejects the concept that taxpayers town wide should shoulder the cost of building a parking lot that will benefit a small number of businesses in the area. “In addition to the cost of purchasing the property there are the additional costs of drainage, paving, striping and maintenance of the property. I do not believe residents in Smithtown, St. James and Hauppauge will want to pay for this.”  said Supervisor Vecchio.   

Councilman Creighton feels that the proposed lot will help to address the parking deficit in the area. “It’s not about building a parking lot for businesses, you build it for the the residents who shop in the area, the people who use the businesses. Additional parking may encourage more people to shop in local stores.” Councilman Wehrheim agrees, “The whole Kings Park business district would benefit from additional municipal parking.”

Create a Business Improvement District (BID) was a suggestion that Supervisor Vecchio offered. A BID would allow business owners in the special district to tax themselves for improvements they support. Councilman McCarthy asked for an aerial view of the site and Councilwoman Nowick concurred, “More information is needed before I can support this proposal.  If we move forward on this we will need to bond the project and that is something that I am unprepared to support at this time. I need more information and will make my decision when I get answers.”

“We need more parking but we need to explore grants and other means of funding projects.” said Councilman McCarthy. 

Councilman Creighton reiterated his position, “a simple yes or no. Yes we get an appraisal, no and the project doesn’t happen. It really shouldn’t take two weeks to get an answer.”