Putnam Approves New Rules

Montgomery again excluded from committees

The Putnam County Legislature approved procedures for subpoenaing witnesses and rules requiring that speakers addressing lawmakers swear an oath and nominees to lead departments disclose donations to the sitting county executive. 

With Amy Sayegh (Mahopac) taking over as the new chair, the Legislature voted 5-4 during its reorganization meeting on Jan. 7 to adopt changes to its rules proposed by Dan Birmingham, a former legislator re-elected last year to the District 7 seat formerly held by Joseph Castallano, who could not run again because of term limits. 

Nancy Montgomery, who represents Philipstown and part of the Putnam Valley as the Legislature’s sole Democrat, joined with three Republicans — Erin Crowley (Carmel), William Gouldman (Putnam Valley) and Laura Russo (Patterson), in voting against the changes. 

Crowley read a letter from Conrad Pasquale, the senior deputy county attorney, recommending that the changes be researched for legality and enforceability. Requiring oaths could be “without legal force or effect” and having nominees disclose campaign contributions could “touch upon constitutional issues related to free speech and association,” he wrote. 

While Crowley said the changes “could leave us exposed” legally, Greg Ellner, who represents the hamlet of Carmel and part of Lake Carmel, and won approval as the Legislature’s deputy chair, said, “You don’t have to accept what counsel says.” 

Like other counties, Putnam’s charter gives the Legislature the power to “subpoena witnesses, administer oaths and require the production of bonds, papers and other evidence deemed necessary.” The revised operating manual “codifies” the charter’s powers, said Birmingham. 

In addition to allowing the Legislature and committee to subpoena witnesses, documents “and other evidence deemed necessary or material to an inquiry,” chairs can request that speakers “take an oath affirming the truthfulness of the information being presented on the floor.” People speaking during the public-comment portion of meetings are exempt. 

“These are things that are just really codifying powers we already have,” said Birmingham, whose district comprises parts of Carmel and Southeast. 

Another change requires appointments made by the county executive that are subject to approval by the Legislature, such as for county attorney and health commissioner, first face a review by a committee whose members will vote to approve the nominee, disapprove or issue “no recommendation.” 

Candidates now need to provide a resume and three references from people in their area of expertise, and submit a completed financial disclosure form, although they may leave the “financial interests” section blank. Committees will check whether a nominee has a criminal background or judgments or liens in Putnam, Dutchess and four other counties: Orange, Rockland, Ulster and Westchester. 

Nominees will also have to disclose theirs or a spouse’s contributions, within the previous five years, to a campaign or a political action committee “founded by or controlled by” the executive appointing them. Birmingham’s proposal named as an example the Taxpayer Action Network, a political action committee co-founded by Putnam County Executive Kevin Byrne.

Montgomery tried unsuccessfully to strike the proposed amendments, even though Birmingham said her yearslong criticism of colleagues for approving appointees without seeing their resumes inspired his proposal to require more documentation from nominees. 

“I’m not voting against the idea of requiring a resume,” she said. “I’m voting to remove it because that’s my only mechanism to get this in front of the public and the committee for comment,” she said. 

Montgomery shut out

Just like last year, Montgomery did not receive a spot on any of the Legislature’s eight standing committees, except for Budget and Finance, which is composed of every legislator. 

Sayegh, who as chair assigns legislators to committees, appointed each Republican legislator, including newcomers Birmingham and Russo, to at least one of the remaining seven standing committees, which approve nearly all the resolutions that reach the Legislature.

Montgomery will be part of the county’s Capital Projects Committee, which must have a representative from the Legislature’s minority party.

Last year, then-Chair Paul Jonke claimed in a letter to Montgomery, who is serving her third 3-year term, that her “inability to work collaboratively, and to act professionally and collegially” with colleagues drove his decision to exclude her from committees.

In a statement on Wednesday (Jan. 15), Montgomery wrote: “This past year, without committee assignments, I’ve been able to accomplish more for Philipstown, Putnam Valley, and our county than ever before. Sometimes it’s not about being at the cool kids’ table — it’s about getting things done for the people who need it most.”

In a response on Friday (Jan. 17) to an email from The Current asking why Montgomery had been excluded, Sayegh wrote: “As chair, I was unanimously entrusted by my colleagues to assign committees using my best judgment to efficiently conduct county business. This responsibility is challenging and has always been part of the chair’s role. Although not all legislators may serve on every committee, they are expected to participate in meetings and can vote on issues at the full meeting each month. I appreciate your understanding and am committed to performing my duties to the best of my abilities.”