Election Commissioner escorted from county building

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August 24, 2007

Brunell must prove he has just one job

By JOE LoTEMPLIO The Press Republican Fri Aug 24, 2007, 12:00 AM EDT

PLATTSBURGH -- Clinton County Democratic Board of Elections Commissioner John Brunell had his keys taken away and was escorted from the Government Center Thursday morning.

Brunell was told he could not return to work until he shows proof that he no longer is also serving as assessor for the Town of Altona.

"We don't want to violate the law," said County Legislature Chairman Jimmy Langley (R-Area 7, Peru).

"If he has something that says he can hold both jobs, then all he has to do is show it to us, but I don't understand why he didn't have his papers all in place before this."

CONTROVERSY

County Attorney Dennis Curtin informed legislators at Wednesday night's meeting that Brunell appeared to be in violation of state law by holding both the assessor and election commissioner positions at the same time.

The issue came up as part of a lingering controversy that began when Brunell fired longtime Deputy Democratic Commissioner Debra Bruno last month.

Many legislators were upset with the firing and refused to approve a replacement for Bruno at their meeting two weeks ago, despite facing state laws that said they had to.

They reluctantly agreed to hire a replacement at Wednesday night's meeting but still voiced displeasure.

Bruno's father, Norm Baker, also weighed in, asking the legislature to call upon the governor to launch an investigation into the possible removal of Brunell from his commissioner's job.

Baker said the investigation should look into dereliction of duty; abuse of power; unethical actions, possibly criminal, regarding rules of elections; improper conduct; and harassment of employees.

Baker also brought up whether Brunell could legally hold the assessor and commissioner jobs simultaneously.

LAWSUIT THREATENED

Legislators decided to inform Brunell Thursday morning that he could not continue working as commissioner until he complied with the law.

Deputy County Administrator Rodney Brown and Personnel Director Alan Gibson met with Brunell and confiscated his keys before Gibson escorted him out of the building around 9:30 a.m.

Brunell said Thursday afternoon that the law Curtin referred to applies to full-time positions, not his part-time assessor position.

He said if he does not get his keys back today and is not allowed back to his office, he will sue the county.

"I can't believe the legislature keeps making these moves that will cost the county taxpayers money," he said.

Brunell hired local attorney Mark Schneider to represent him. Schneider said that only the governor can remove an elections commissioner and it can be done only after proper notice is given and hearings are held.

"The legislature has no authority to remove him and take his keys," Schneider said. "This is outrageous."

Brunell to resign

While the legislature may have approved a replacement for Bruno, Brunell was taken out of the office Thursday morning before he could officially appoint Susan Castine to the job, keeping the position vacant.

With Brunell out of the office and a third Democratic worker on vacation, no Democrats were working in the office Thursday.

Thursday night, Brunell decided that he would resign from his assessor's job on Friday so he can get his keys back and return to work in the Election Office.

"It's the only way I can get back to work for now," he said.

"I need to get in there and help Democrats because we have an election coming up."

Brunell said his lawsuit will not only seek damages for being removed from his county position, but will seek his reinstatement as assessor and damages for having to give up that job.

Langley said the whole situation could have and should have been avoided by Democrats themselves.

"We don't need these problems," Langley said.

"We have things in the county that need to be done, and we don't want to be tied down with this. This could have been handled a lot cleaner."

He stressed that Brunell should have shown clearly, in advance, that it was legal for him to hold both jobs.

"We just want to do our jobs as legislators, but since this has been brought before us, we have to follow the law," Langley said.

"Like I said, I don't know why he wasn't prepared for this."

jlotemplio@pressrepublican.com