Board snubs Hargrove -- lawsuits fly

By TOM RUE

MONTICELLO - Talk of lawsuits abounded at a July 10 village board meeting at the Monticello neighborhood facility, stemming from a report by consultant James Hargrove. Hargrove was paid $8350 by the village to investigate mayor Robert Friedland's attempt to obtain a job for his son as a police officer in a taped conversation last February.

But the board refused to accept Hargrove's report after Goshen attorney Gary Greenwald served trustees with a letter asserting Friedland's rights -- and those of his son, Marc Friedland, 25 -- had been violated.

"Please note, when Board members step outside the scope of their authority, the immunities and protections of the position may not apply," Greenwald warned trustees in his July 10 letter.

Hargrove was not allowed to speak or to answer questions from the public, after being ordered by officials to appear. "I could have used my time a little more wisely," Hargrove reflected after the meeting. "But my contract's run out. I'm happy about that," he added.

Hargrove said he was staying overnight, at village expense, at a local motel. He said the village-owned car which has been in his possession for over two months had just been returned.

Greenwald slammed the board for censuring Friedland in May without lawful authority to do so, for examining copies of the police chief's and village manager's phone bills. Greenwald provided opinions from two NY Council of Mayors and Municipal Officials (NYCOM) attorneys which said a village board lacks authority to censure a mayor; and that what Friedland did was within his authority as mayor.

Village attorney Martin Miller's face was red as Greenwald addressed the board. The board then retreated to executive session, "to discuss litigation."

"I don't need this," complained trustee Gloria Cahalan, making note of family responsibilities. It was she who made the initial motion to censure Friedland.

Greenwald met with officials for part of the closed session. Friedland stayed in the executive session until the board emerged, while an estimated crowed of 50 waited outside.

Friedland declined to comment on the possibility of suing. In the past, he has noted particular anger over the fact that Marc Friedland was investigated by Hargrove -- stating Hargrove exceeded what he was contracted to do.

Greenwald said some of the issues outlined in his letter "are already included" in a lawsuit filed by three Monticello taxpayers. John and Janet Barbarite and Victor Gordon have a suit pending in supreme court to have village trustees pay Hargrove's fee, on the grounds it was done unlawfully. Schulman serves summons

Monticello resident Shirley Feldberg, 72, said she signed "a petition to get Mr. Friedland out as mayor," which was served during a recess. Feldberg is represented by former village attorney Mark Schulman.

Feldberg's complaint -- based on Public Officers Law section 36 -- accuses Friedland of "misconduct, maladministration, malfeasance and/or malversation in... office."

The law requires that officials be served at least eight days before filing in court. "We'll let the Appellate Division decide it," Schulman asserted.

Feldberg -- a Republican -- lost to Friedland by a margin of well over 100 votes in 1993 village elections. Schulman has had an axe to grind since being fired as full-time village attorney when Friedland took office. Friedland called the action "sour grapes," adding, "The election's over."

Feldberg would not rule out running against Friedland again in March 1996 when his term expires.

Other business

In other business, after the public meeting, in executive session the board discussed a contractual matter involving the Oneida Nation's proposed casino at Monticello Raceway. Miller also noted that Barbarite's lawsuit would be discussed in the session.

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