PLATTSBURGH -- A day after Clinton County Democratic Board of Elections Commissioner John Brunell returned to his duties as Town of Altona assessor, legislators called for his removal.
After a 38-minute closed-door meeting where voices could often be heard vibrating the legislative chamber, legislators agreed to formally ask Gov. Eliot Spitzer to remove Brunell from office.
Their request is based on State Election Law that says an election commissioner cannot hold any other public office except for commissioner of deeds, notary public, village officer, city or town justice, member of a community board within the City of New York, or trustee or officer of a school district outside of the city.
The county removed Brunell from office last month after determining that he could not hold both jobs.
His keys to the county building were taken away and he was escorted off the premises.
He was told that he could not resume his commissioner duties unless he stepped down as Altona assessor.
Brunell resigned as assessor on Aug. 24, saying he needed to get back to work as an election commissioner to help with the upcoming elections.
Democrats have been short-handed in the election office since Brunell fired Debra Bruno in July in a controversial move.
But Brunell sued the county after returning to work saying they had no right to remove him.
A hearing was held in Federal Court in Albany on Sept. 5, but no ruling has yet been issued.
Monday night, the Altona Town Board rejected Brunell's resignation as assessor, effectively putting him back on the job there on Tuesday.
Town officials said they could not do without an assessor and needed Brunell on the job.
Altona's actions spurred county legislators to respond Wednesday night.
"It's time we clean this up, and the way to do it is to have someone from outside step in," Jackie Walker (D-Area 8, City and Town of Plattsburgh) said.
Upset over Bruno being fired, Walker announced last month that she will be switching to the Republican Party.
"Democrats should have taken care of this but they didn't," Walker said.
"We are stewards of the taxpayers' money and the law says that he can't hold both jobs and we can't break the law. We need to clean this up and get on with the work we need to do because this is taking a lot of time."
Brunell said he is unmoved by the legislature's actions.
"I've been election commissioner for two-and-a-half years and now all of a sudden they bring this up," he said.
Brunell said he can quote a section of state law that shows he can hold both jobs.
"The county can do what it wants, the courts will decide," he said.
The legislature's resolution also called for Brunell to pay back the county for any salary after Sept. 12 if they win.
Legislature Chairman Jimmy Langley (R-Area 7, Peru) said that if Brunell was told that he could hold both jobs, he should have had it in writing.
"But he didn't so now this gets dropped in our laps," Langley said.
Legislators voted 9 to 1 to ask the governor for Brunell's removal.
Sam Trombley (R-Area 2, Ellenburg), who represents the Town of Altona, voted against the resolution.
E-mail Joe LoTemplio at:
jlotemplio@pressrepublican.com
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