Dan Dustin accused of using slur against town resident
Town of Colonie Councilman Dan Dustin is under fire after being accused by a resident of Colonie of using a racial slur towards her husband on the evening of Sept. 13 at Mill Road Acres Golf Course Restaurant.
Patricia A. Halpin wrote a letter to Town Supervisor Paula Mahan, obtained by The Spotlight through a FOIL request, asking for action to be taken against Dustin after he swore at and used a racial epithet to her husband, H. Paul Thomas. According to the letter from Halpin, the incident happened after Thomas made a joke regarding Dustin’s golf handicap at a members’ gathering of their golf league.
Halpin stressed Dustin’s position in the town and said even if he was in a social setting the comment should have not have been made.
Mr. Dustin is an elected town official, employee of yours who represents the Town of Colonie’s constituents, many of whom are of various racial origins, and many of whom heard this derogatory, racial slur that evening.` Halpin said in the letter, `Whether he is in ‘official’ capacity or not ` this type of racial comment is reprehensible.`
Town of Colonie Attorney Mike Magguilli said whether Dustin was acting in an official capacity at the time is not the issue, rather that he is still an elected official of the town and is considered a public person.
`This letter wasn’t written to Dan Dustin, it was written to Paula Mahan asking to take action against a board member,` said Magguilli. `This was not between two private people, this was between a private person and a public individual. They [Halpin] chose to bring it to a public forum, we had to take action on it. What did you want me to do, ignore it?`
Halpin and Thomas could not be reached for comment before press time.
The Town Board voted to enlist the services of the labor law firm Roemer, Wallens, Gold and Mineaux to look into the accusations, which Magguilli said was done to avoid a conflict of interest as he is the attorney for the board.
`I cannot investigate my own client,` said Magguilli. `In the best interest that is impartial, we would hire the law firm to look into this.`
Magguilli added that the town has not yet taken any action with the law firm and has only given authorization to hire them. He said Dustin has yet to either admit or deny these allegations, adding that if Dustin were to admit to them then there would be no investigation.
`If there’s a denial then we’ll have to use the law firm,` said Magguilli. `We’ll have to see what Mr. Dustin is willing to do.`
In regards to what disciplinary actions could be taken against Dustin by the board, Magguilli said the town code states they must `treat the public with consideration,` and that an old town code can suspend an elected official without pay for 30 days.
`I’m not sure if that’s even legal,` said Magguilli. `We’re not sure if the board can impose a fine.`
Albany County Board of Election Republican Commissioner John A. Graziano said these actions taken by the town are `consistent with their approach` towards those who are not in line with the current administration in Colonie.
`I have no idea what the agenda is up there except to purge every Republican,` he said, adding that enlisting the law firm is excessive. `It seems to be a pattern; anybody who’s not on board with the current administration is a target. I don’t see anything bad being said about people on board with the current administration.`
Dustin, the only Republican on the Town Board, could not be reached for comment before press time.“
