A move to alter the mayor’s ability to appoint land use officials in the village of Mamaroneck could end up in litigation between Democrats on the village board and Republican Mayor Norman Rosenblum after proposed local laws were passed.
The laws, which were passed by the board’s Democratic majority on Sept. 6 after a heated public hearing, aims to transition the power of appointment of members to the village’s land use boards and the position of village attorney from Rosenblum to the Board of Trustees. although approved by a majority of the village board, however, the in order for the acts to become law they require the approval of a public referendum.
Rosenblum, however, claims that the meeting was held in violation of the state Open Meetings Law since it was not properly noticed in advance. As a result, Rosenlbum told the Review that he will “probably” involve his own lawyer to fight the upcoming referendum.
“The meeting was done improperly,” he said, “and I’ll continue to review whether or not they broke [the] Open Meetings Law.”
Rosenblum said the public hearing for the proposed public law failed to be noticed properly ahead of time, with a notice printed in the paper on Monday, Sept. 5 instead of Thursday, Sept. 1.
However, according to Trustee Leon Potok, a Democrat, an opinion sought from Robert Freeman, the executive director of the New York state Committee on Open Government, confirmed that all procedures were followed.
According to Potok, while the state Open Meetings Law sets a three-day stipulation for a public hearing to be noticed in a news publication, a clause in the law also dictates that such a timeline should be followed “to the extent practicable,” providing for a loose interpretation of the rule.
Board Democrats have already retained an outside attorney, citing a direct conflict of interest between the potential decision to alter the appointment of village attorney and any potential legal advice provided to the trustees from current Village Attorney Charles Goldberger.
While the law must still be passed by public referendum—it’s scheduled to appear on the Election Day ballot—according to Rosenblum, a legal standoff could prevent the law from even making it onto the ballot.
Rosenblum said if a court determines that the proposed public law was passed in violation of Open Meetings Law protocol, an injunction would be placed on any further proceedings, forcing the law to lapse the deadline requirement for public referendum.
The proposed public law, passed on Sept. 6, marked the last date in which the proposal could be signed into action by the Board of Trustees and still be eligible for public referendum on the November ballot.
If the proposed ballot initiative is overturned in court before Election Day, board Democrats would be forced to wait until next year to reintroduce the referendum, if they so choose.
Debate over both laws—regarding appointment to land use boards as well as the village attorney position—have boiled to the surface in recent months with Democrats claiming that such appointments fly in the face of the way the village is supposed to be structured.
Democrats have accused the mayor of taking advantage of what’s known as the “hold over” rule, a state law, which allows Rosenblum to appoint members to land use boards on an interim basis after a member resigns from his or her position.
Once the interim appointee serves out the remainder of the unexpired term, he or she must be approved for another term by the entire Board of Trustees. According to the rule, if the vote is not unanimous, then the hold over must stay on for a new term.
The rule, according to board Democrats, disenfranchises the rest of the board by allowing the mayor the sole power of appointment in the case of resignation, and gives Rosenblum—who can shoot down the Democrats’ majority vote with his own—more authority over land use boards.
There are currently two hold over appointments serving on the Zoning Board of Appeals, David Neufield and Jennifer Bienstock Cohen.
Currently the initiative is slated to appear on the Nov. 8 ballot for public vote, but Rosenblum says that even if the law isn’t challenged prior, he’s unconcerned.
“Do you want a mayor in the village of Mamaroneck or do you want a board controlled by a political clique?” he asked. “I have no bosses other than the people of Mamaroneck.”
