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Salamone files lawsuit against Rotterdam

John Purcell 09/07/10
Town Board's retirement incentive vote contested legally

Three Rotterdam Town Board members recently passed the proposed retirement incentive, but their vote is set to stand judgment.

Board members passed the New York State 2010 Retirement Incentive Part A during a special meeting on Tuesday, Aug. 31, but some questioned the legality of the vote. Frank Salamone, town resident and Republican candidate for the Town Board, filed a lawsuit today, Sept. 7, challenging the vote taken by Town Supervisor Francis Del Gallo, Deputy Supervisor Robert Godlewski and Councilman Matthew Martin.

“The supervisor and the deputy supervisor called a meeting without alerting the public, without calling for a public hearing … without giving the people the right to speak,” said Salamone. “They deprived us, the residents, our right to representation, because they called the meeting so that board members wouldn’t be there to voice their concerns and that is unacceptable.”

In the submitted petition there are six main points cited to nullify the vote. These arguments stem from New York State Town Law Section 62 and New York State Municipal Home Rule Section 20 and 27.

According to Municipal Home Rule Section 20 paragraph 4, if a town supervisor has “certified as to the necessity for its immediate passage and such local law be passed by the affirmative vote of two-thirds of the total voting power of the legislative body.”

Salamone said this would require four out of the five board members to pass the local law, which was passed by only three.

Also, New York State Town Law in Section 62 states, “The supervisor of any town may … call a special meeting of the town board by giving at least two days notice in writing to members of the board of the time when and the place where the meeting is to be held.”

The petition stated town board members were only given 26 hours notice of the meeting and public hearings weren’t held for the added sections of the resolution, which the petition stated violates MHR Section 20.

During the special meeting, the three board members passed a resolution to rescind the vote from the previous special meeting held on Aug. 19, which failed the resolution to adopt the retirement incentive by a 3 to 2 vote.

Martin, who previously voted down the incentive, said at the Aug. 31 meeting, “I have to allow the supervisor and the deputy supervisor, who have been insistent that this could save money, as a responsible member I have to allow the option to be fully explored.”

Salamone, a petitioner and attorney for the petitioners in the lawsuit, is joined by town resident Kevin March and Town Board Member Gerard Parisi — bring the petitioner total to three.

“We all have different interests,” said Salamone. “I was at the meeting, Mr. March didn’t know about the meeting and Mr. Parisi was deprived of his right to vote because of Section 62 and other areas of law no one knew had been violated until after I filed those papers.”

In early talks, Parisi planned to sign an affidavit for the lawsuit Salamone drafted, but later Salamone shared concerns with Parisi about the legal standing of the lawsuit without any Town Board members as a petitioner. Although, Parisi said he didn’t object becoming a petitioner in the lawsuit.

“I think the way they conducted the whole meeting and vote was not only not transparent, I think it was illegal,” said Parisi. “It was done in a manner to avoid public participation … on top of all that, based on what our comptroller said and what I see, I think this maneuver is going to cost the town anywhere from $250,000 to more. I don’t want to see this maneuver that was done illegally to cost the town money.”

Parisi previously stated if a resident challenged the vote they might be able to overturn the resolution and he still believes the lawsuit holds solid arguments.

“From what I have seen and read … I think Frank is on the right track with this and I think he has a very good chance of prevailing,” said Parisi.

Del Gallo and Godlewski couldn't be reached by phone on Tuesday night for comments.

           THANK YOU Mr. Salamone for helping to get the Town back in the residents hands.  Gutsy move by a Town Board candidate, but how refreshing to see someone take a stand!  Your parents raised you to follow your concience, you've got my vote, just what this Town needs.  You will be a great addition to the Town Board!

Hats off to Salamone for pursuing this...short of any last minute "fixes", I think he will win.

How stupid of Frank.  Doesn't he realize the Board will be forced to layoff a number of employees to balance this year's budget?  What a stupid political move.  He should have left well enough alone.  I am now more than ever concerned that there will be a record number of layoffs thanks to Frank.  What a jerk!

Now we'll all be able to see if the town board tried to pull a fast one on the residents of the town.

Frank, Thank you for standing up for the residents of Rotterdam.  This meeting was clearly illegal and this Town Board needs to know that they don't have the right to do whatever they want.   You have my vote also, Frank!

The Deputy Supervisor is trying to run the Rotterdam Town Board the same way that the city/county council is run.

Quoted from 778

How stupid of Frank.  Doesn't he realize the Board will be forced to layoff a number of employees to balance this year's budget?  What a stupid political move.  He should have left well enough alone.  I am now more than ever concerned that there will be a record number of layoffs thanks to Frank.  What a jerk!

         Yes Frank, it's your fault that Mr. Aragosa the Town Comptroller doesn't believe it will save the Town money but will actually cost the Town money.  Your fault that FDG couldn't move within the statutory period for announcing the Special Town Board Meeting.  Your fault that enough notice couldn't be provided to get all the Town Board members there.  Your fault that the budget balancing is bloated and out of balance with the services provided (or not).  The entire condition of the Town is all your fault Frank.

         Honesty, Integrity, Fairness, Accountability . . . . . Frank Salamone for Town Board!

Finally someone who is a man of action.

Quoted from AVON

         Yes Frank, it's your fault that Mr. Aragosa the Town Comptroller doesn't believe it will save the Town money but will actually cost the Town money.  Your fault that FDG couldn't move within the statutory period for announcing the Special Town Board Meeting.  Your fault that enough notice couldn't be provided to get all the Town Board members there.  Your fault that the budget balancing is bloated and out of balance with the services provided (or not).  The entire condition of the Town is all your fault Frank.

         Honesty, Integrity, Fairness, Accountability . . . . . Frank Salamone for Town Board!

And your point is.......what?  Speaking of bloated have you seen Kevin March lately?   Eat a salad dude.  The town comptroller is probably gone the first of the year, so his analysis had very questionable "political" overtones imho.  We shall see if the courts will even hear this before schedule A is put in motion.  Why didn't Frank challenge the county and city decisions.  Nothing but pure unadultertrated gothcha GOP B-U-L-L-S-H-I-T  Rotterdam politics.  That worked well in 2009 Bahahahah!!!!

Quoted from 778

How stupid of Frank.  Doesn't he realize the Board will be forced to layoff a number of employees to balance this year's budget?  What a stupid political move.  He should have left well enough alone.  I am now more than ever concerned that there will be a record number of layoffs thanks to Frank.  What a jerk!

Well it looks like they should have done things by the law and the layoffs wouldn't have to happen....right?
Again....placing blame where it 'shouldn't be'!!
You should be screaming at the FDG and crew for screwing up.

Quoted from 778

And your point is.......what?  Speaking of bloated have you seen Kevin March lately?   Eat a salad dude.  The town comptroller is probably gone the first of the year, so his analysis had very questionable "political" overtones imho.  We shall see if the courts will even hear this before schedule A is put in motion.  Why didn't Frank challenge the county and city decisions.  Nothing but pure unadultertrated gothcha GOP B-U-L-L-S-H-I-T  Rotterdam politics.  That worked well in 2009 Bahahahah!!!!

Yer pissin' in the wind here peeper Rasputin!!

Good job Salamone!!

Quoted from bumblethru

Yer pissin' in the wind here peeper Rasputin!!

Good job Salamone!!

I could care less.  Doesn't affect me in the least.  Just stupid Kelly Rhinesmith pied piper politics.  Get a life girl!

Quoted from 778

And your point is.......what?  Speaking of bloated have you seen Kevin March lately?   Eat a salad dude.  

I know that 'some people' aren't very compassionate or understanding about people with chronic illnesses. For them it's 'all about me'. But perhaps you may want to get the facts first.

Quoted from 778

I could care less.  Doesn't affect me in the least.  Just stupid Kelly Rhinesmith pied piper politics.  Get a life girl!

She is helping them keep their campaign promise of 'transparent government'!