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

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.