CARMEL – The division between the executive and legislative branches of government in Putnam County has reached a fevered pitch with members of the county legislature charging that Executive Kevin Byrne is attempting to take complete control.
At the legislature’s year-end special meeting, former Chairman Paul Jonke who has sparred with the executive in recent weeks, requested that his colleagues approve a resolution detailing the need for legislative counsel services on a “per case basis requiring the appointment of outside counsel to the legislature.”
The resolution further indicated that the current counsel, Rob Firriolo, be appointed as outside counsel.
In mid-December, Byrne withdrew a lawsuit against the legislature for what he believed was a flawed previously enacted local law amending the county charter. Jonke said Byrne withdrew because “he knew he was going to be defeated.”
The legislature voted 7-2 to extend Firriolo’s contract but two weeks later Byrne terminated the agreement. Jonke called Byrne’s actions, “a blatant effort to undermine the legislature and take control.”
Before some 50 residents attending the December 30 meeting including members of the Carmel Knights of Columbus of which Firriolo is a long-time member, Jonke called the Putnam County Charter “rule of law which has outlined that the legislature is a separate branch of government entitled to govern its own internal affairs. The charter is the supreme law of the land in Putnam County government just as the U.S. Constitution is the supreme law of the land in our nation.”
Jonke said by “contracting with Rob we have saved taxpayers thousands and thousands of dollars every year. The legislature is entitled to its own counsel to work with on a daily basis.”
Legislator Amy Sayegh echoed the chairman. “Our county charter states that the legislature shall appoint its own legal counsel.”
Lawmaker Greg Ellner reminded his colleagues that “we are separate but equal branches of government.”
During public comments, John Cherico, Putnam First Deputy County Attorney, speaking on behalf of the executive, disagreed with the legislature’s beliefs.
“Assertions that the county executive terminated a legal vendor’s contract are patently false,” he said. “The Harris Beach memo, produced in response to inquiries by several legislators, and after a 3 ½ month review of the county charter and relevant case law, makes it clear. ‘There are no grounds for implied authority.’ The county attorney, unanimously confirmed by the Legislature, is counsel to the Legislature pursuant to the Putnam County Charter. By confirming the county attorney, the legislature selected the county’s legal counsel, and they cannot lawfully interfere in the operations of the law department.”
Cherico said the “current vendor providing outside counsel, whose three-year contract will terminate on December 31, 2024, has served in this role for seven years without any competing bids. In light of the widespread confusion over the role of legislative counsel, it was clear that material changes needed to be made to the existing RFP.”
He said consistent with county procurement procedure, the purchasing division, upon recommendation from law department, issued a new request for proposals (RFP) to ensure the role is clear to all vendors and that taxpayers receive the best value while maintaining sound legal support for the legislature.”
Cherico said some legislators raised the question of whether a new RFP should be issued. “Regardless, the sole responsibility and authority to decide how to delegate the county attorney’s duties—including whether to retain outside counsel—rests exclusively with the county attorney.”
Cherico urged all legislators and members of the public to “review the Harris Beach memo for a clear and comprehensive understanding of this matter.”
Cherico directed attention to the portions of the report’s conclusion which states the following:
“Based upon our review of Putnam County local laws and New York State law, the Putnam County Attorney must approve all contracts related to the hiring of outside counsel… [T]he county attorney has the authority to terminate the existing contract with the current legislative counsel through his discretionary authority, or to allow the contract to expire without renewal. We note that as of this writing there is no mutual agreement to extend the term of the contract. Concomitantly, the County Attorney has the authority to retain/approve alternative outside counsel subject (potentially) to the preparation of an RFP to be issued by the County’s Purchasing Department… [A]ny attempt by the Legislature to “by-pass” County Attorney approval of outside counsel is an effort to shift the balance of power and authority to approve outside counsel in violation of the clear provisions established by the Code and the Charter.”
Holding up the thick document containing law department testimony which led to Byrne’s decision, asked, “How much did this witch hunt cost? You came to us seeking fund transfers totaling $387,000. I don’t agree with any of this legal document.”
A vote was taken and the legislators in attendance voted 6-0 in favor of hiring Firriolo. Legislators Bill Gouldman, Erin Lee Crowley and Nancy Montgomery were absent.
Several attempts to obtain a comment from the executive were for naught. In an email, his spokesman Chris Formisano wrote: “I would refer you back to the County Attorney’s statement at the meeting.”
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