M I N U T E S
COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS
THURSDAY, DECEMER 10, 1998
3:45 P.M.
PRESENT: Chair: Swanson. Members: Latimer, Pinto, Young, Stewart-Cousins. Staff: Gorski, Hoch, Schecter.
ALSO PRESENT: Reginald Lafayette, Bill Randolph, County Executive Liaison.
Mrs. Swanson called the meeting to order at 3:47 p.m.
The committee met to interview an appointment to the Commissioner of Elections, Reginald A. Lafayette, of 418 Bedford Avenue, in Mount Vernon.
Mrs. Swanson asked Mr. Lafayette two questions: (1) if the position was not a four year term, will Mr. Lafayette still take the position, and (2) if the Board of Legislators decides to pass a law or resolution to the fact that political positions are not acceptable or favorable when serving as a Commissioner of the County, would Mr. Lafayette consider resigning his position as Clerk in the City of Mount Vernon?
Mr. Lafayette responded yes to the first question but noted that the four year term was not a condition, when he was asked by the Democratic party Chair to become the Commissioner of Elections.
In response to the second question, Mr. Lafayette said he will abide by whatever is legally the “law” of the New York State Election Board. Knowing from serving as City Clerk for the past 14 years, that the City of Mount Vernon can not pass any law that supercedes the State Municipal Law and understands the same law applies. He would under no circumstances break any law that is against State law.
Mr. Latimer said State law may override municipal law. He sent a letter to the County Attorney to clarify this issue.
*For more details, a tape is on file.
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COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS
THURSDAY, DECEMBER 10, 1998
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Mr. Latimer will scheduled a meeting with Board leadership to discuss these positions as well as other positions within the County. He noted certain issues are charted structure of the State, if a law is passed, it may then apply to some positions but not to others, therefore proper deliberation is needed.
Mr. Young stated that whatever criteria has been established by the County and by the State of New York, Mr. Lafayette has met.
Mrs. Swanson said it was not the purpose to question any laws, but some legislators have brought up questions and asked her to conduct this meeting to consider the possibility of Mr. Lafayette stepping down from a position held in the City of Mount Vernon.
Mr. Lafayette said he was quoted in the newspaper that when his term was over, he will leave the position in Mount Vernon.
Mr. Pinto said that should say it all and more has been stated regarding what is proper and what is ethical from both sides of the fence. From the time he has known Mr. Lafayette, he has enough faith and confidence in his ethics and morality and if there was a situation, he would do whatever was in his power to do diligence and be sure to do the right thing.
Mr. Pinto mentioned Senator Nick Spano serves as Chairman of the Republican party and continues to serve on the state level. He added that a person needs a certain amount of time for a transition period and get their affairs in order before a term expires.
Mr. Latimer has known Mr. Lafayette for 25 years and he would trust him with his life must less than a public officer and has no doubt that he will conduct himself, as he always has with proper ethics and complete diligence. He is privileged to know and work along with Mr. Lafayette and see him develop over the years and the issue of the man should be in no one’s mind.
As far as the position is concerned, Mr. Latimer said the system allows both committee’s of each party to submit up to three names to the Board. As traditional practice, the majority would honor the recommendations of both parties.
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COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS
THURSDAY, DECEMBER 10, 1998
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He said all members of the board are entitled to their opinion and hopes that when this comes to the Board for a vote, each party respects their own parties nomination. Overall, it is the Board’s responsibility to support the findings of this committee and the nominee meets all legal criteria and qualifications of the position. He further stated if there is any reform to be undertaken, he would entertain any type of discussion for comments and suggestions.
Mrs. Stewart-Cousins offered support of Mr. Lafayette’s nomination . His competency and attention to details and knowing how to get the job done, has impressed her throughout the years. Mr. Lafayette’s performance is consistent and beyond reproach. She feels no concern with any breech of ethics in terms of his conducting the proper action at the Board of Elections and noted that others state wide hold dual positions. His nomination will not set a president.
Mr. Lafayette was confused on certain issues and explained to the committee members that at this point, under normal circumstances, he should have packed up his office and transitioned to the Board of Elections. He researched the Election Law Book when he was offered the position to be sure that he met the qualifications and would not be violating any laws by taking the position. He further explained there were 20 other counties who serve in the same position and recalled former County Commissioners who also served in two other positions.
As City Clerk, he is appointed as the custodian of the voting machines and acts as an extra election officer. The parties in power who appoint two election inspectors at each polling place rely on the City Clerks to assist with their work. At any point, he was never accused of being unethical and has been fair and respected throughout the years by both parties.
In closing, Mr. Lafayette said he serves one of the best jobs in the County and enjoys what he does, but an opportunity like this comes once in a lifetime. In light of be under attack and subject to abuse, if appointed, he hopes to bring his reputation to the position of Commissioner of the Board of Elections for as long as the Board of Legislators allows him to do a fair job.
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COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS
THURSDAY, DECEMBER 10, 1998
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On the motion of Legislator Young, seconded by Legislator Pinto, Mr. Lafayette was approved to the position of Commissioner of Elections, seconded by Legislator Pinto. All in favor, none opposed, motion carried 5-0.
On the motion of Legislator Swanson, seconded by Legislator Latimer, Carolee Sunderland was re-appointed to the position of Commissioner of Elections. All in favor, none opposed, motion carried 5-0.
The minutes of November 16, 1998 were approved by the motion of Legislator Young, seconded by Legislator Latimer. All in favor, none opposed, motion carried 5-0.
With no other business to discuss, the meeting adjourned at 4:20 p.m.