A piece of legislation spearheaded by Board of Trustees Democrats will look to alter a perceived loophole, which they say allows the village of Mamaroneck mayor power to appoint members to land use boards without board approval.
The proposed law, which on Aug. 15 was passed in a 3-2 partisan vote and had its first public hearing scheduled for Sept. 4, would reel in what Democrats feel is the unintended implementation of a statute known in village government as the “hold over” rule.
“This power gives [the mayor] the ability to unilaterally appoint members of the land use boards without approval of [the] Board of Trustees,” said Trustee David Finch, a Democrat. “That ain’t right.”
The “hold over” rule stipulates that the mayor has the power to appoint land use board members during vacancy, which can occur when a member of a land use board resigns or is removed from their position.
Once the interim appointment serves out the remainder of the prior member’s term, the Board of Trustees must vote on whether or not to keep the hold over; this is where Finch says the issue arises.
If the Board of Trustees’ vote is not unanimous, the mayor’s interim appointment stays on for a full term.
“It’s just not [a] good democratic process,” Finch said. “It doesn’t represent the wishes of the people.”
According to Finch, Mayor Norman Rosenblum, a Republican, has made such appointments twice in the past—once in 2014 and once in 2015—after members of the planning and zoning boards stepped down just a month prior to their terms expiring.
While Finch declined to say whether the mayor has forced resignations, as some on the board and in the community have accused him of, using the hold over rule to his advantage, the trustee said the process opens the door for malfeasance.
“It’s not a good process and it is available for real abuse,” Finch said.
For Rosenblum, however, the move to alter the law marks just another push by village board Democrats—who have been unable to regain the mayor’s seat from him since he defeated then Mayor Kathy Savolt, a Democrat, in 2009—to diminish his power.
“It’s a continuation of the attempts by [Trustee Leon] Potok and Finch to destroy the office of mayor,” he said. “They are more interested in attacking me than dealing with serious problems in Mamaroneck.”
Last year, the Board of Trustees’ Democratic majority also voted to alter the mayor’s power to solely set agenda items as well as his usage of village facilities; including his use of an office in Village Hall.
“As far as they are concerned, the mayor shouldn’t have an office, he shouldn’t have an office space,” Rosenblum said. “Perhaps he shouldn’t even go to the bathroom.”
Finch and other village board Democrats contend that not only does allowing the mayor to make interim appointments violate the village’s intended form of government—which does not give executive powers to the mayor—but it may have an impact on development as well.
The village operates under a village manager-form of government that delegates the day-to-day operations of the village to the head administrator appointed in charge of the village.
“There are those who will allege that [Rosenblum] is a little bit too close to contractors and builders,” Finch said. “He is definitely an advocate of development in the village.”
Rosenblum, however, argued he has no influence over any member of a land use board’s decision.
“You have individuals that are going to make up their minds,” he said. “I do not ever, nor would I ever, interfere with any land use board.”
If passed, a new law would transition the power of appointment to the village Board of Trustees, but the proposal must first go through a round of public hearings and eventually be put up for referendum on the Nov. 8 Election Day ballot. On Election Day, voters in the village will also cast ballots for three trustee races which will ultimately decide which political party controls the board majority in 2017.
