How the Town of Bethlehem makes its appointments has come under scrutiny by one of its own Town Board members.
Councilman Sam Messina put forth a proposal in early March to create guidelines for the way the town advertises and appoints people who are non-civil service to various boards and committees not deemed competitive by the state.
Messina’s proposal was voted down 4-to-1 at the Wednesday, March 26, board meeting, with him casting the only vote in its favor.
Positions ruled competitive are subject to civil service exams and must follow state and county guidelines.
Currently the Town Board makes appointments once a position opens up or a term ends and those interested in a particular committee or board send a letter of interest to the supervisor. Some applicants are interviewed, some are not, but the board gets a final vote on all paid and unpaid appointments.
The people working in the town are very good people but political parties should not control these appointments, Messina said, citing his reason for the proposal. `There shouldn’t be six Democratic committee members out of eight applications for a zoning board seat.`
Messina’s proposal stated, `The guidelines are intended to enable outstanding candidates to become aware of, express interest in, be considered and if successful, be appointed to established positions.`
Messina is the board’s only Independence Party member, although there were several cross endorsements between his party and the Democratic Party to the five current members of the Town Board when they ran for office. The other four members were primarily endorsed as Democrats and ran on the ballot under the party’s name.
Supervisor Jack Cunningham and other board members said Messina’s resolution was voted down because it proposes to regulate a problem they say doesn’t exist.
However, Messina says that it appears appointments are being made on the virtues of political spoils as opposed to qualification, although the councilman was quick to point out that this is not always the case. He said he has supported many `highly qualified appointments.`
Messina’s criticisms are unfounded and `disappointing,` according to Cunningham.
`Sam and I have talked about this over and over again, so he knew I was opposed to this before we put it on the agenda; he knew how I was going to vote,` Cunningham said about voting down the proposal. `We do a very good job appointing very good people. There’s no evidence that we need to add a bureaucratic process.`
Messina countered by saying he and Cunningham only spoke about the proposal `an hour before the board meeting,` and that he sent out e-mails to his fellow board members about it but got no responses.
Cunningham maintains that his intentions were well known to Messina.
According to Messina, Councilwoman Joann Dawson spoke with him on the telephone prior to the vote and said the proposal `sounds reasonable,` but then voted against it at the board meeting.
Cunningham and others have suggested that Messina proposed the guidelines in retaliation for being passed over for deputy supervisor, a position he actively pursued, and that he is attempting to create an issue where there is none, simply out of bitterness.
Daniel Plummer was appointed as deputy supervisor by the Town Board in January in a similar 4-to-1 vote, with Messina voting against the appointment.
There was some debate over the appointment at the Town Board’s Jan. 9 organizational meeting, according to the minutes held by the town clerk.
Messina admits that he wanted the position of deputy supervisor, as did other board members, and is critical of Plummer for not attending town board meetings, but said that he only wants transparent governance and the opportunity to appoint the best, most experienced personnel possible for the town.
He denied harboring any personal vendetta or calculating motives, saying even in the face of a possible political backlash, he was doing what he thought was best for the town and its residents.
`I’m not going to do things just to go get some political position in the future. There are worse things then losing elections,` Messina said. `One of those things is doing what I feel is right.`
Messina said that other board members were also interested in the deputy supervisor job and he feels the position should remain with some Town Board member, even if not him.
The Bethlehem councilman added that too many Democratic Committee members were being appointed to too many town positions, too quickly, and that he would like to see `full participation` from every political background.
Democratic Councilman Kyle Kotary said Messina’s charges of political pandering couldn’t be further from the truth.
`I voted against it because it deals with a problem that doesn’t exist,` Kotary said. `Party affiliation is by no means a requirement. Look at Parker Mathusa on the planning board or Mike Hodom on the zoning board.`
Messina said Mathusa and Hodom, who have been affiliated with parties other than the Democratic Party, were reappointments and obvious and sensible choices because of their qualifications, but were not new appointments.
Mathusa weighed in saying he understood both sides of the issue.
`I think Sam would prefer the appointment process to be more formal,` he said. `There are pluses and minuses to both sides.`
Kotary said the town follows all legal procedures when it comes to appointments and Messina’s proposal would simply tie up the business of the board.
`New York State law is very clear the town board has authority in its discretion to make appointments,` said Kotary. `This is his view, his perception, and it would handcuff future board members. It’s like saying, ‘We’re going to legislate how I’m to go vote,’ and that’s insane.`
Kotary said the town was essentially a $36 million corporation with 250 employees and that it was `critical that the board not be handcuffed arbitrarily.`
Messina said that proposal was not a legal maneuver intended to tie down the board and it was voted down for `fear of opening up government` and because it was `a control issue.`
`My objective is to begin to achieve some public awareness in this community so some changes can take place,` Messina said. `The role of political parties in this town is much stronger now then it was under the Egan administration.`
Messina was also critical of Cunningham’s succession after former Supervisor Theresa Egan stepped down to take a post in state government. He said it was done too quickly and that even though he supported appointing Cunningham, the decision was made `by the party,` before other candidates were considered. Messina said a more open appointment process would benefit the town.
`These days I’m being voted down a far amount of time,` Messina said.
Responding to Messina’s comments, Cunningham told The Spotlight, `Mr. Messina is upset because he is not deputy supervisor.` He also said Messina became upset at the meeting when Cunningham publicly stated that Messina’s proposal was a solution to a problem that doesn’t exist.
Cunningham said he doesn’t make appointments according to party affiliation and he receives many letters of interest from people across the political spectrum. He pointed to nominating two former supervisors to chair the 2020 Committee, one Democrat and one Republican, as well as to Mathusa’s and Hodom’s re-appointments.
`We have a very active and involved community,` he said. `The biggest issue that I have is that I don’t have enough positions and things to do for all of our qualified applicants.`
As for Messina getting his proposal voted down, Cunningham said, `He might want to reconsider the approach he takes.`
Kotary said, as far as he knows, this is Messina’s first proposal of the year, and he went on to defend his vote for Cunningham’s appointment.
`He was by far the best candidate, and I emphasize the best candidate, and he’s done a hell of a job,` Kotary said of Cunningham. `He’s always wanted to be supervisor since he was a kid and he took a huge pay cut to take it. I would like to know precisely what appointments he [Messina] didn’t think were good ones.`
The other item of contention is announcing the positions available for appointments. Messina said he asked to put the announcements on the town’s Web site, which Cunningham said he has complied with. However, there is no consensus between the two men on how the issue has been dealt with.
Messina said he asked Cunningham to place the announcements on the town’s homepage shortly before his proposal vote, but that Cunningham told him `he couldn’t commit to that.`
The supervisor denies that conversation took place.
`We announce any positions we have open right on our Web site,` Cunningham said when asked about the conversation. Messina said they also had a previous conversation about posting jobs.
`I asked that things be posted on the Web site, and I was told they would be,` Messina said about an earlier conversation on the matter. `For one week in December there was an announcement on the Web site. For three hours of that week it was on the town’s homepage. For the rest of the time it was listed under departments and human resources and could barely be found.
`That’s not making the public aware of things,` he concluded.
There are currently jobs posted on the town website’s human resource page.
Republican chair Melody Burns, who ran unsuccessfully for Town Board last year, said political appointments were commonplace in all areas of government.
`I don’t think it is anything new. I applied for a few boards that I was declined for,` Burns said. `Sam made a great point, though. I think everybody should be aware of it. I would love to get the announcements to the Republican Party.`
Burns however agrees that Messina may be somewhat motivated by not getting the deputy supervisor seat, saying she `was surprised when he wasn’t appointed.`
`I guess Sam has been a victim of that system,` Burns concluded. `Instead of being political I would rather see the most qualified people be appointed because we all want the best for our community.“