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Thursday, August 12, 1993
Related articles here and here.


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Monticello officials acted illegally, court says
'Free speech' protest case to be moved
MONTICELLO - In two decisions dated August 5 and 6, NYS Supreme Court justice Karen Peters has ruled that Monticello village officials violated the open meetings law in February, during what is known as the "musical chairs" job swap.

During that time, village officials created the position of full-time attorney, filled it with then village just Mark Schulman, and proceeded to execute a series of what Peters called "allegedly independent appointment of public officials not duly elected by the taxpayers in violation of the Open Meetings Law.

Peters initially set a September 15th hearing to determine what action should be taken to remedy the violation and whether to declare the board's actions void. However, because of her own legal error, she vacated the ruling and granted village officials five more days to respond.

Peters' order grants "standing" to Monticello residents Victor Gordon and Alex Cherviok who filed the suit, saying they have a "substantial interest" in the "strong policy decisions at hand." They claim that village officials are holding their positions illegally, and want a special election to fill the switched positions.

Both Gordon and Cherviok are members of the Sullivan County Action Coalition, composed of several taxpayer and "good government" groups around the county.

Playing musical chairs were: mayor John Diuguid who resigned to become village justice, trustee Robert Friedland who resigned to become mayor and asessor Gladys Walker who quit to become trustee. David Rosenberg took Friedland's job as deputy mayor.

Peters cited article 7 of the Public Officers Law, which states: "It is essential to the maintenance of a democratic society that the public business be performed in an open and public manner and that the citizens of this state be fully aware of and able to observe the performance of public officials and attend and listen to the deliberations and decisions that go into the making of public policy. The people must be able to remain informed if they are to retain control over those who are their public servants. It is the only climate under which the commonweal will prosper and enable to governmental process to operate for the benefit of those who created it."

Peters wrote on August 5th that the village's closed meeting of February 17 should have been open to the public, as matters of public policy were discussed, mainly the hiring of a full-time attorney to replace two part-time attorneys.

She said she did not know where there was anything further discussed in the February 17th executives session that may have violated the open meetings law and "precipitated the orchestrated resignation and what appears to be the predetermined appointments of a vast array of public servants on March 1."

The motion to discussion "personnel, a contract and a legal issue... lacked the particularity required by... the public officers law and was therefore in violation of the mandates and underpinnings of the open meetings law," she wrote.

The attorney representing Gordon is Loran Shlevin of Cochecton, while Leon Greenberg of Liberty represents Cherivok.
'Free speech protest case to be moved
On August 10 disputed village justice Duiguid removed himself as judge in the case of five individuals arrested for carrying signs protesting "musical chairs" and other actions by the village. The case will now go to county court judge Anthony Kane for assignment to another village or town court.

Those arrested on August 2 were all members of the coalition, including River Reporter editor Glenn Pontier of Narrowsburg, Charles Stephenson of North Branch, Mary Marino, Tom and Carmen Rue of Monticello. Charged with disorderly conduct for attempting to carry cardboard protest signs into a village meeting, they face a maximum sentence of 15 days in jail and a $250 fine.

Monticello manager James Malloy said village officials have grown tired of the protesters, who have been attending meetings since the March job switch.

Schulman said on Tuesday that he wanted the charges prosecuted vigorously, and that more people will be arrested if they bring signs to meetings.

Contending it is a fundamental right of people to voice their opinions, the coalition is urging the public to bring whatever signs of expression they want to the next village meeting on August 16.