Putnam Executive Sues Legislature

State court hits lawmakers with injunction 

Putnam County Executive Kevin Byrne is suing the Legislature over the ability of its members to unilaterally hire an attorney. On Tuesday (Dec. 10), six of nine Putnam lawmakers voted to do just that, despite concerns they were violating a court order.

With Nancy Montgomery, who represents Philipstown and part of Putnam Valley, joining Erin Crowley (Carmel/Mahopac) and William Gouldman (Putnam Valley) in abstaining, the Legislature voted to hire a Mount Kisco firm as its representative in a lawsuit filed Nov. 26 by Byrne.

In an escalating feud with the Legislature, Byrne is asking acting state Judge Joseph Spofford to void a local law amending the county charter so lawmakers can fire a county attorney at will, as well as Resolution 216, which allows them to hire an attorney without Law Department approval.

Byrne filed the lawsuit after legislators voted on Nov. 25 to override his vetoes of both measures. He won an order, issued by Spofford on Nov. 26, prohibiting the Legislature from “engaging any law firm” under Resolution 216 and barring the Legislature from taking any further action regarding the charter change until the case is settled. Another order on Wednesday (Dec. 11) negated the Tuesday resolution.

Before legislators voted on Tuesday to hire the law firm Gettinger, Waldinger, Monteleone, Gushue and Hollis to represent them, Jonke said that Spofford’s Nov. 26 order was specific to Resolution 216, despite doubts raised by Montgomery.

“By continuing to take this action, you’re going against a court order, and I think you’ll all probably be in contempt,” said Montgomery. “I’m not going to be party to this.”

The lawsuit is the latest development in a dispute that Byrne alleges is rooted in an ethics complaint filed by County Attorney Compton Spain that accuses Legislator Toni Addonizio of failing to disclose that the person seeking to buy a county-owned property at 34 Gleneida Ave. in Carmel was her son-in-law.

In retaliation, Byrne alleges, legislators passed, by a 6-3 vote on Oct. 1, a charter amendment allowing them to fire a county attorney without cause and prohibiting the person holding the position from outside employment.

Under the charter, the county executive names the attorney and the Legislature approves the appointment. The executive can fire the attorney with approval by two-thirds of the lawmakers, the same threshold required to amend the charter.

With Addonizio’s ability to vote for the charter change in question because of the ethics complaint, and six votes needed for approval, the Legislature amended the original language to exclude Spain.

While lawmakers say that they should be able to fire a county attorney, Byrne argues that the law reduces the power of a county executive. Because of that, he said, the measure should be subject to a referendum under a section of state law requiring that residents vote on legislation that “abolishes, transfers or curtails any power of an elected official.”

“By giving the Legislature discretion to remove the county attorney at will and without any input from the county executive, the local law actually gives the Legislature more power,” according to the lawsuit.

He also said that Resolution 216 violates a section of the Putnam charter that allows the Legislature to hire legal counsel, but only with the approval of its chair and the county attorney. On Tuesday, Jonke said Spain failed to respond to a request in September to hire Keane & Beane as the Legislature’s lawyer and appointed a different firm without consulting him.

“I don’t see why I need to be married to a firm that he selected without my input,” said Jonke.

According to Jonke, the dispute began when legislators discovered Spain had sought a court order voiding a contract with Addonizio’s son-in-law, Byron Voutsinas, to purchase 34 Gleneida.

Spain’s office argued that Voutsinas failed to satisfy conditions for the final sale, including getting the Legislature’s approval. After Voutsinas filed a claim accusing the county of breach of contract, Spain successfully petitioned a judge to cancel the contract.

Although legislative approval is needed for lawsuits, lawmakers found out about the case when they received a court notice in May, Jonke said on Tuesday. Spain was asked to appear that month before the Rules Committee, which is chaired by Addonizio, to “explain the action,” he said.

“He felt he was summoned — it was beneath him to be here in front of us to answer any questions,” said Jonke. “Shortly thereafter, they filed an ethics complaint. … That’s retaliation.”