August 10, 1993, The Times Herald-Record

'Musical chairs' illegal?

By ALEXANDER H. WILLIAMS
Staff Writer

MONTICELLO -- Monticello's elected officials might have acted illegally when they switched positions in March, ruled State Supreme Court Judge Karen K. Peters.
Peters' decision Friday says the petition has merit because the Village Board might have violated the open meetings laws when it orchestrated a major shuffling of jobs during a meeting in executive session Feb. 17.
Now it's up to the court to decide if the Village Board's actions should be voided.
The suit was filed after the Village Board's meeting March 1 when officials formally changed positions in what critics called a game of "musical chairs."
Mayor John Diuguid resigned to become village justice and Trustee Robert Friedland became mayor. David Rosenberg took Friedland's job as deputy mayor and Gladys Walker, the assessor, became a village trustee.
The Board of Trustees also appiointed Village Justice Mark Schulman as the full-time attorney. Stephen Oppenheim, the former village attorney, was the only one who lost out; he was fired and replaced by Schulman.
Peters' decision means that Schulman, who is representing the village, has five days to respond to the petition.
Schulman could not be reached for comment. Village Manager James J. Malloy said he could not comment because he had not yet seen the court papers.
Anyt time after Schulman files his response, Peters could make a final decision about the Village Board's actions.
Peters could rule the Village Board violated the open meetings law and the town [sic] officials are holding their positions illegally. If she rules in that way, it's possible a special election would be held to elect a new mayor and Village Board of Trustees.



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