Supervisor Frank Del Gallo is determined to make John DeGeorgio the head of Recreation and Senior Programs, but when the resolution failed to pass the Rotterdam Town Board a second time, Del Gallo said, `Whatever way I’ve got to do it, I’m going to do it.`
On Wednesday, March 9, for the second board meeting in a row, Del Gallo brought forward a resolution to appoint DeGeorgio, former head of the Recreation and Senior Programs, to the position previously occupied by Diane Marco, who was terminated at the end of February amid public outcry and concern from board members.
Despite Councilwoman Nicola DiLeva’s absence, the resolution failed to pass, with fellow board members Matthew Martin and Wayne Calder voting against it and calling for the position to be advertised before any selection is made. The part-time position has a salary of $15,000.
`Mr. DeGeorgio is qualified for this job, and one way or another, he is going on that job,` said De Gallo. `Hopefully, they will vote him on it. If they don’t, the senior center must run, and as the supervisor, I am going to put the most qualified guy in that job.`
Del Gallo said he was going to check what the law says pertaining to appointments and `that’s the way it is going to be done,` but Martin and Calder said they are not keen on rushing the process.
`I thought it would be best to have an interview process, not to mention that I think the current head of the senior center was unfairly dismissed,` said Martin.
Calder said that after the Monday, March 7, agenda meeting, he thought there was an agreement to accept resumes from people and gather at least three applicants.
`When I left Monday night we were going to ask to have it tabled, but Mr. Del Gallo said, ‘No sense, we might as well take it off the agenda then, and we’ll leave it off for a week and post the job,’` said Calder before voting against the resolution. `We agreed that that was the right thing to do, and we thanked him, and it is back again.`
Del Gallo said that wasn’t the case and added that DeGeorgio is the first person on the preferred list anyway.
`There is nobody else that is on the preferred list, and he is there for two years, and it hasn’t been two years, so that’s the reason why it wasn’t posted,` said Del Gallo. `I did explain that to [Calder] and Mr. Martin.`
After the motion failed to pass with a stalemate vote of 2-2, Del Gallo said, `I’ll have to do what I’ll have to do.`
DeGeorgio earlier said he has a four-year degree in physical education and he scored in the top three on the civil service exam. While he has said he never asked to be selected for the position, he urged the board to find a replacement soon
Ethics Board summoned
Resident Todd Koza, before the vote on DeGeorgio, requested the ethics board investigate independent decisions made by Del Gallo as the supervisor without direction from the Town Board. Koza said the supervisor has stepped over his legal boundaries in some recent actions.
`I have spoken with the New York State Department of State on this subject and was provided with a much simpler description of powers as not all of us are lawyers,` said Koza. `One of the distinguishing features of town government organization is the lack of a strong executive branch. Virtually all of a town’s discretionary authority rests with the Town Board.`
According to New York State Town Law, the supervisor can bring removal charges against an appointed head or deputy head from any town department for a hearing and determination by the Town Board.
Marco previously said she asked for a hearing after she received the termination letter by mail, but she didn’t have a hearing before her removal date. Also, board members have said they didn’t know Marco was going to be removed until after she received the letter and called board them.
Koza also read excerpts from the Department of State’s Local Government Handbook, which is the sixth edition and dated 2009.
`The town law does not provide for a separate executive branch of town government,` said Koza, reading from the handbook. `Because the supervisor occupies the leader’s position on the Town Board many people think the supervisor’s position is the executive position of town government. But the supervisor is part of the legislative branch and acts as a member and presiding officer of the Town Board.`
The handbook further states the supervisor’s powers include acting as treasurer for the town, keeping an accurate account of finances, making reports when required, paying fixed salaries and other claims and when directed by the town board can lease, sell and convey town properties.
The Town Attorney could not be reached for comment.
