By Holly Crocco
The Putnam County Legislature is poised to make a change to the County Charter that would essentially allow it to fire the county attorney with a two-thirds vote, without the approval of the county executive. The matter was approved by the county’s Rules Committee last week and will go before the full Legislature this week for a final vote.
Under the proposal, the county executive may also seek the county attorney’s removal – but with the support of a majority vote by the Legislature.
The timing of the request garnered criticism from some legislators, since there’s a complaint pending with the Putnam County Board of Ethics, submitted by current County Attorney Compton Spain. He alleges that Legislator Toni Addonizio, R-Patterson, violated the county’s ethics code in 2022 by not disclosing “interest” in the proposed sale of a county property to her son-in-law, with her daughter serving as the seller’s broker.
Addonizio recused herself from last week’s discussion.
“This is a request that I made because the county attorney has a unique relationship with the County Legislature,” explained Legislator Paul Jonke, R-Brewster, at the Aug. 26 Rules Committee meeting. “It’s a different relationship than the Legislature has with any of the other county departments or department heads.”
The county executive is the one who appoints the position, and the Legislature must approve the appointment with a majority vote.
The charter already states that, in the event of a conflict between the legislative and executive branches of government, the county attorney will default to being the representative of the Legislature.
“It makes perfect sense that the Legislature, who approves the appointment of the county attorney, should have the ability to remove the county attorney with a two-thirds vote,” said Jonke.
Legislator Ginny Nacerino, R-Patterson, called the proposed change a simple safeguard. “There’s not an intent to implement anything at this time, but it gives the Legislature a voice,” she said.
However, Legislator Erin Crowley, R-Mahopac, was joined by Legislators Bill Gouldman, R-Putnam Valley, and Nancy Montgomery, D-Philipstown, in opposing the charter change. She asked why the vote was being “rushed” through, with the topic having been added to the meeting agenda five days prior.
“The county attorney has a pending ethics complaint on which the Ethics Board has not yet provided a decision,” she said. “It appears the proposed change in law, allowing us to fire the county attorney, is being rushed before the aforementioned ethics decision.”
Crowley said that making the charter change now will give the appearance that the Legislature is taking unlawful retaliatory action for the attorney’s complaint to the Ethics Board.
“I’m uncomfortable with the matter in which the proposal was rushed onto the agenda,” she said. “I find it troubling that it didn’t go through the proper channels of review… It’s being presented to us in a sloppy form without transparency about the language being changed and without a memo briefing us on the full history of the section of law. In its current form, I don’t even believe it’s actionable… I don’t believe this serves the best interest of Putnam County. I think it severs politics and personalities.”
“It appears to me, and people who actually look at this, that this is political and a retaliation action to try to influence the Board of Ethics,” added Gouldman. “It’s not right… We must wait until the Ethics Board comes out with a decision before we make a decision on this.”
Legislator Greg Ellner, R-Carmel, reminded his colleagues that they are talking about the office of the county attorney, and not the individual who currently holds the position.
County Executive Kevin Byrne, who appointed Spain at the start of his reign in 2023, said he would have recommended that the change take place at the start of the next term, had he been consulted prior to the meeting. He also noted that this change has never been recommended by the county’s Charter Review Commission, which meets every 10 years to review the document.
“The charter is a very important document,” said Byrne. “It is essentially our governing document. So I wouldn’t dismiss a change to the charter – particularly when it speaks to how a body can remove a public officer. That is significant.”
He also called it “shocking” that the matter will now go to the full Legislature for a vote, and said it upends checks and balances.
“This is essentially trying to change the County Charter in a week and a half by putting it on the committee agenda right now, and then at lighting speed bringing it to the full Legislature next week for a subsequent change.”
The full Legislature is scheduled to meet Tuesday, Sept. 3 at 7 p.m. at the Historic Courthouse in Carmel.
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