CROWN POINT — Two men whose appointments to the Crown Point Board of Assessment Review were canceled are crying foul.
Ronald Clarke and Glen Russell were named to the positions at the year-end session of Town Council.
Then a new town supervisor and a new councilor came on board for the council's reorganization meeting earlier this month, and the board undid the appointments.
But state law does not allow for the rescinding of municipal board appointments, and now Town Supervisor Charles Harrington says he may have to call a special meeting to resolve the issue.
He said he's seeking legal advice from the town's attorneys, Miller, Mannix, Schachner & Hafner of Glens Falls.
"As soon as we get information from our attorney on the procedure, we'll deal with it," said Harrington, who took office Jan. 1. "We'll do whatever our attorney recommends. Their expertise is municipal law."
1974 DECISION
But Clarke and Russell may not wait that long.
They've retained attorney Dominick Viscardi of Ticonderoga and sent the town a letter preparatory to legal action.
Clarke said he went to the last Town Council meeting to offer Harrington a copy of the state law on such appointments, which is a section of State Real Property Tax Law.
A 1974 legal decision established that "members of the board of assessment review cannot be removed except for incompetency or misconduct shown after a hearing upon stated charges pursuant to (Tax Law) Section 75."
"We have the proof," Clarke said in an interview. "Even when I showed them (the council), they wouldn't undo it. Once they get their attorney (to advise them), it will probably be undone."
Harrington told them he hadn't consulted with counsel before making the motion to rescind the appointments.
Clarke said he told them they were wrong and cited the law, but they took no action to correct things.
So now Viscardi is working on the case, Clarke said, and legal action is imminent.
"That's the only thing that will get their attention."
RULES OF ORDER
At the organizational meeting, Harrington turned the gavel over to Councilor Thomas Walters, so Harrington could make the motion to rescind the appointments. That's because the chair can't make motions under Robert's Rules of Order.
"There are issues regarding the two appointments to the Board of Assessment Review," Harrington said at the meeting. "When members' terms were up, they were asked if they wanted to continue as a member."
The term of Joseph Duval had expired, while another member had died. Duval verbally expressed interest in being reappointed, Harrington said.
"This process gave stability to the Board of Assessment Review, and this process was not followed," he said at the council session. "Traditionally, when a vacancy occurred, that vacancy was advertised for 30 days, and there were interviews, and an appointment was made. That was not followed, either.
"I move the appointments to the Board of Assessment Review be rescinded."
The vote to undo the appointments was 4 to 1, with Harrington, Walters and Councilors Tara Peters and Charles Mazurowski voting to undo the previous board's action. Councilor Robert Patnode voted against the motion.
Peters was just elected to her first term on the council, while Mazurowski was re-elected.
'WANTS NO MONEY'
The Board of Assessment Review hears appeals from property owners over their assessments. In a controversial move last year, the town's elected Board of Assessors was disbanded by the Town Council, and a professional sole assessor hired.
Board of Assessment Review members serve on a voluntary basis with no pay.
"I'd like to get on and do a good job," Clarke said. "We need a few honest people on there."
Clarke said he's not asking for any money if he sues the town.
"The only thing I'm going to ask for is to have Charlie Harrington stand up, apologize and reinstate us and admit he broke the law."
He said he believes once the town gets legal advice from its own counsel, he won't have to litigate to get the position back.
"Hopefully, we can straighten them out."
Harrington said he thought they were doing the right thing.
"We were working in the town's best interest."
Email Lohr McKinstry at: lmckinstry@pressrepublican.com
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