Monticello treasurer's citizenship probed

By TOM RUE

MONTICELLO - One of the issues raised in a notice of claim by former Monticello village manager William Cummings is that mayor Robert Friedland questioned the immigration status of a Canadian citizen in the post of village treasurer.

Cummings threatens to sue Monticello for $45,000 over denial of $15,000 in severance pay and other perks. He held the job six months, with no contract. He said he had to quit because Friedland "meddled" too much in his job.

Cummings is represented by Wurtsboro lawyer Mark Schulman, his former landlord and a one-time village attorney who was fired when Friedland took office.

Village treasurer Robin Seward was appointed to a two-year term by Friedland in April 1994 after being hired nine months before at the recommendation of former manager James Malloy to fill the unexpired term of Nancy Fogg. Mayoral appointments in Monticello include the treasurer, clerk and village attorney.

When Seward was hired she lived in Port Jervis, but complied with a requirement that municipal officers move their residency to Monticello within 30 days of hiring.

In a February 16 memo to Miller, Friedland said he spoke with a state official who raised the possibility if Seward's appointment was void, "than [sic] we have a vacancy."

Seward declined to discuss her immigration status when contacted by The River Reporter.

Cummings said the village board "was advised by the previous manager [Malloy] that there was no problem" with hiring Seward, though he himself was uncertain.

All officials interviewed commended Seward on the quality of her work. "She does her job plus! She's a fantastic lady," said Friedland.

According to an "employment eligibility verification" form dated August 4, 1993, at the time of hiring Seward reported being "an alien authorized by the Immigration and Naturalization Service to work in the United States."

Deputy treasurer Sheri Klemen verified that Seward provided a state-issued driver's license and a Social Security card. Some items on the document were blacked out by village attorney Martin Miller who said they were exempt from Freedom of Information Act.

Friedland would not comment on when he or others learned Seward is a Canadian, or that her hiring could be unlawful.

Seward earns about $30,000 per year, a source said.

Friedland confirmed in a January 5 "confidential" letter his understanding that Cummings had asked the state comptroller for advice on Seward's status, admitting the situation "could possibly be in violation of New York State Law."

Two weeks later, Cummings asked the comptroller what the village must do and what its options were. Without providing Friedland a copy of his letter, Cummings sent him a separate note stating he and Miller would handle the matter privately.

In a February 21 letter, Miller instructed Friedland to stay out of the matter, stating he expected it "to be resolved satisfactory [sic] during March, 1995."

Contacted at his Otisville home, Cummings dubbed the Seward matter "a privileged communication" which he claimed he was not at liberty to discuss.

"Let me remind you that this matter was brought to your attention (as well as the board of trustees) approximately one year ago," Friedland wrote to Miller on March 31. "This matter was also brought to the village manager's attention upon his arrival here."

Assistant attorney general Siobhan Crary sent an April 3 fax to Miller declining to give an opinion on a matter still pending at the comptroller's office. "When we have had an opinion to review any opinion rendered by the Comptroller, we will determine whether it is appropriate to comment further," Crary said.

"[Cummings] is saying the mayor was meddling in his business. All this shows is the mayor is concerned and the board is concerned," said deputy mayor Michael Levinson.

---

Above text is copyright by the author.
Duplication without permission is prohibited.