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Rotterdam officials claim harassment by board member
Saturday, January 3, 2015
By Ned Campbell (Contact)
Gazette Reporter  


ROTTERDAM — A vocal Rotterdam Town Board member has been accused of harassing town employees at public meetings.

But Republican Joe Villano argues that as a member of the minority party for most of 2014, his only means of influencing legislation has been through shifting public opinion by debating the issues at board meetings — and that’s all he’s doing.

Town Clerk Diane Marco, financial consultant John Paulino and Comptroller Jackie Every all filed complaints this week against Villano, a harsh critic of the Democrat-led administration.

In her complaint, Marco called Villano “very condescending, demeaning, harassing and abusive.”

“His uncaring and inappropriate manner and lack of respect for the men and women employees is unacceptable,” she wrote, adding that his behavior is disruptive and has caused her psychological trauma. “He is an attorney and treats the employees as if he is in a court room by cross-examining each one.”

In closing, she wrote, “I would like him to increase his respect to all employees.”

Villano said the town’s meeting procedures are handed down from English Common Law and that “things across the pond are far more raucous than here in the states.”

“Allegations such as these are a desperate and childish effort to create a chilling effect on the debate that the opposition party brings,” he said. “And seriously, I don’t know how what I do is any different if you’ve ever watched a state Senate debate or anything that goes on in Congress.”

As for the town clerk’s assessment of his style of questioning, Villano said, “That’s probably a fair perspective.”

“Generally, I don’t go in there without knowing the answers to my own questions,” he said.

Villano said all of the allegations refer to discussions held in public meetings that are recorded, “and I believe that they speak for themselves.”

“The fact that the complainants do not like my unwillingness to blindly accept their factual analysis or opinions as the direction that the town should move is irrelevant,” he said. “It’s my job as an elected councilman to ferret out the truth and act in accordance with my own conscience.”

Marco listed several occasions when she felt Villano was disrespectful toward her, including the Jan. 1, 2014, organizational meeting, when he called her “Ms. DeMarco,” she wrote, and “stated that I was not a member of this Legislative Board and that I did not have a role other than to be a scribe and a secretary and a clerk for this board.”

Marco, whose position is an elected one, also referenced the Feb. 26 meeting, when Villano said it “blew his mind [for] a notary to be required for residents to opt out of the yard waste collection” after the institution of a new $50 fee.

“This is very disrespectful to any notary,” she wrote. “He stated John Paulino and Ms. Marco are creating a block.”

Villano, a notary himself, joined three other notaries in helping residents opt out of the brush fee and service at a Curry Road site in late March as the deadline approached.

Marco also referenced an Oct. 22 meeting, when Villano attempted to remove 2015 budget funding for her office, specifically the salary of a second deputy town clerk, claiming the position was not necessary. Marco wrote that Villano incorrectly referred to the employee as full-time and that he “does not understand what each department’s duties are.”

She also claimed she was mistreated and disrespected by Villano “because I am a member of a protected class, a woman” and that he is especially disrespectful toward female employees. She gave no examples of discriminatory behavior, however, and declined to comment further on the workplace harassment charges.

She wrote that Villano refused to take a workplace and sexual harassment course mandated for all town employees because he already took the course through his employer, Sunmark Federal Credit Union.

“That is unfair,” Marco wrote.

Town Supervisor Harry Buffardi, who signed the complaints on Dec. 29, declined comment. The complaints will be handled by a personnel agency that assists the town with such matters.

“I can’t comment on any personnel matter,” Buffardi said.

Paulino documented three meetings that featured so-called disrespectful behavior by Villano. At the Dec. 10, 2014, agenda meeting, for example, Paulino wrote that he asked Villano to meet with him to review his proposals for the 2015 budget.

“His response was ‘You’re fired,’ ” Paulino wrote. “He had threatened this several times in the past; however, this threat made in [an] angry voice was disturbing to me. I considered it to be a threat.”

In fact, Villano had tried to remove Paulino’s $25,000 salary from the 2015 budget during two meetings in October. Those efforts failed by 2-2 votes, as the four-member board has been split since October with the resignation of Mike Viscusi, a Conservative who typically voted with the Democrats.

Every’s complaint could not be obtained.

Villano said his priority as a Town Board member is to “protect the public treasury” and that, on fiscal issues, “you’re not going to find anybody more conservative” than him.

“I do believe the job of the local government is to protect the taxpayer as much as possible, and I understand that puts me at odds with people that are on the town payroll,” he said.

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In her complaint, Marco called Villano “very condescending, demeaning, harassing and abusive.”

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She wrote that Villano refused to take a workplace and sexual harassment course mandated for all town employees because he already took the course through his employer, Sunmark Federal Credit Union.

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                   Am I the only one who remembers how the Town Board treated Bob Godlewski, an elected official by the people??  

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The town clerk of each town:
1. Shall have the custody of all the records, books and papers of the town. He shall attend all meetings of the town board, act as clerk thereof, and keep a complete and accurate record of the proceedings of each meeting, and of all propositions adopted pursuant to this chapter. Immediately after adoption he shall enter into a book to be known as the "ordinance book" a copy of every ordinance adopted by the town board, specifying the date of adoption thereof. In addition, he shall act as secretary of the board of commissioners of any improvement district when so designated by such board of commissioners. He shall keep a complete and accurate record in his office as town clerk of all proceedings of every board of commissioners of improvement districts in said town. The town clerk shall record all deeds of conveyances in the office of the clerk of the county in which the property is located and thereafter file the same in the town clerk's office. The cost and necessary expenses incurred in the recording of such deeds in the county clerk's office shall be a town charge.

1-a. Shall enter daily in a suitable book or books a record of all moneys received by him, and shall deposit all such moneys not later than the third business day after the total thereof exceeds the sum of two hundred fifty dollars.

2. He shall file all certificates or oaths and other papers required by law to be filed in his office.

3. He or she shall certify to the county clerk within twenty days after their appointment, the names of all appointive town officers, except inspectors of election, with their respective post-office addresses, the date of their appointment and expiration of term of office. He or she shall also on or before the tenth day of January in each year, file a certificate with the department of audit and control specifying the names of all town officers, whether elected or appointed, excepting inspectors of election, and file a certificate with the state board of real property services specifying the names of all town assessors, with their respective post-office addresses, the date of their appointment or election and the expiration of term of office.

4. Whenever a vacancy shall occur or exist in any town office, the town clerk shall immediately notify the county clerk of such vacancy, specifying the name of the officer, the office in which the vacancy occurred and the date when the same became vacant. Within five days after such vacancy is filled, the town clerk shall file with the county clerk and the department of audit and control and, if the vacancy was in the office of assessor, with the state board of real property services, a certificate specifying the name and address of the person filling the vacancy, together with the term for which elected or appointed. In the case of a person appointed to fill a vacancy in the office of town justice, the town clerk shall file a duplicate certificate with the chief administrator of the courts. If a vacancy shall occur or exist in the office of town clerk, the supervisor shall notify the county clerk of such vacancy and the date when such office became vacant.

5. He shall deliver to the supervisor, before the annual meeting of the board of supervisors of the county in each year, certified copies of all propositions adopted by the town since the last annual meeting of the board of supervisors.

6. At the expense of the town he shall procure and affix on or near the main entrance to his office a sign-board with the name of the town followed by the words "town clerk's office" in plain characters thereon with sufficient space immediately below for posting thereon the legal notices of the town. Such sign-board shall be one of the public places upon which any legal notice may be posted.

7. He shall issue all licenses or permits, whenever and in the manner required by this chapter or by any other law and collect all fees therefor, except as provided in section one hundred thirty-seven of this chapter.

8-a. Any town in the county of Ontario may, by resolution of the town board and upon agreement with the board of supervisors of such county, authorize the town clerk of such town to provide for the care and protection of any road dedication books in his possession by placing them in the custody of the county clerk for filing and storage in a safe place and for such purpose the board of supervisors of Ontario county is hereby authorized to make such provision as may be necessary for the care and preservation of such road dedication books in the office of such county clerk.

9. Except in towns where the office of town comptroller has been created the town clerk, when required by resolution of its town board, shall countersign all checks required to be signed by the supervisor.

10. (a) The town clerk may appoint, and at his or her pleasure remove, a first deputy town clerk, who shall serve without compensation from the town unless otherwise provided by the town board. Such compensation may be in addition to any other compensation he or she may receive as a town officer, town official or town employee. The town clerk shall establish the duties and responsibilities of the first deputy town clerk and such first deputy town clerk shall possess the powers and perform the duties of the town clerk during the absence or inability to act of the town clerk, or during a vacancy in the office of town clerk. Before he or she shall perform any function as such, the first deputy town clerk shall take and file the constitutional oath of office and execute and file an official undertaking in the manner prescribed in section twenty-five of this article. In addition, the town clerk may appoint, and at his or her pleasure remove, up to two additional deputy town clerks whose duties and responsibilities shall be established by the town board. The town board, in its discretion, may delegate to the town clerk the authority to establish the duties of the additional deputy town clerks. Any such additional deputy town clerks shall serve without compensation from the town, unless otherwise provided by the town board. Such compensation may be in addition to any other compensation he or she may receive as a town officer, town official or town employee. Before he or she shall perform any function as such, the additional deputy town clerk shall take and file the constitutional oath of office and if required by the town board, execute and file an official undertaking in the manner prescribed in section twenty-five of this article.

(b) In the event that the town clerk is absent or unable to act and there is no duly appointed and qualified first deputy town clerk present and able to act, the town board may appoint as deputy town clerk any person other than a member of the town board; provided, however, that such person be qualified as provided in section three of the public officers law and section twenty-three of this article. If the town board shall provide compensation for such deputy town clerk, such compensation may be in addition to any other compensation he or she may receive as a town officer, town official or town employee. Such deputy town clerk shall hold office at the pleasure of the town board and in no event for longer than the duration of such absence or incapacity of the town clerk. 10-a. Where a town has not established the office of receiver of taxes and assessments, the town clerk shall collect water rates and sewer rents unless the town board has designated another officer or employee to make such collections.

11. The town clerk shall have such additional powers and perform such additional duties as are or hereafter may be conferred or imposed upon him by law, and such further duties as the town board may determine, not inconsistent with law.