Monticello treasurer must be a U.S. citizen

MONTICELLO - For two years, Monticello has been without a treasurer, according to an Albany official.

Robin Seward -- who was thought to hold the post -- really didn't since she never qualified for office, said Barbara Samel, counsel to the NYS Conference of Mayors and Municipal Officials (NYCOM) in a June 13 letter faxed to mayor Robert Friedland.

This news comes to a village where numerous other officials have been removed from office in recent years for doing business unlawfully.

"Because citizenship is a qualification for holding public office, the appointment of the non-U.S. citizen to a public office is invalid. The individual does not need to be removed from office as they never legally held office to begin with. The office is vacant by operation of law," wrote Samel.

NYCOM also faxed the letter to Monticello human rights commissioner Carmen Rue, who said she requested an opinion in her official capacity. Rue wrote to NYCOM with the question on June 8. Friedland wrote a similar letter the same day.

Friedland praised Seward's job performance but added, "The law's the law. There's no maybe. It's either night or it's day."

But he called citizenship "a technicality." Rue -- an immigrant from Peru, disagreed, stating that being a U.S. citizen is no small matter. Rue, who became a citizen in 1972, said she is not seeking the treasurer's job and does not care who gets it -- as long the person is qualified for office.

The issue came to light last month when former village manager William Cummings resigned, after accusing Friedland of "meddling" by asking too many nosey questions about the legality of Seward's appointment.

Lawyer Mark Schulman of Wurtsboro attached copies of letters by Friedland, Cummings and village attorney Martin Miller about Seward to legal papers claiming severance pay for Cummings, as evidence of Friedland's alleged "meddling."

Miller and Cummings told Friedland the board had turned the matter over to the manager, so he should stay out of it.

Human rights complaint filed

Rue filed a complaint with the human rights commission, claiming Seward got special treatment as an Anglo-Saxan Canadian. Rue said the job should have gone to a citizen. "If one alien receives preferential treatment which others do not, discrimination against a class of people is occurring," Rue said in her June 5 complaint.

Rue's complaint will be reviewed by HRC at a June 15 meeting at the Neighborhood Facility on Jefferson St. at 7:00 P.M.

Contacted on June 13, Rue said the board should replace Miller. "He was giving bad advice to the board under the law."

Samel said it is Friedland's job to fill the empty position. "Because the office is vacant..., the mayor would appoint to fill the vacancy in office and such an appointment would not be subject to approval of the board of trustees."

A treasurer is required, said Friedland. "We're going to have to put someone in that post. Believe it or not, the clerk and the treasurer are the backbone of the whole village. The manager's just a figurehead," he added.

Friedland said Seward may be given another village job which doesn't require citizenship. She currently earns $30,000 a year.

"I'm baffled here. Every day it's something different," said Friedland.

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