The personnel committee of the Albany County Legislature on Wednesday, Jan. 25, approved two of County Executive Dan McCoy’s nominations and sent one to the legislative body with no recommendation.
The committee unanimously approved McCoy’s appointment of Darrell R. Duncan as commissioner of the Department of Public Works and Kathleen Dalton as commissioner of the Department of Social Services, sending those to the full legislative body for a February vote.
However, the committee failed to do the same to McCoy’s nomination of Thomas Marcelle as county attorney. The committee first voted on whether to send the appointment to the legislature with a favorable recommendation and deadlocked at 4-4. The committee then voted to send it to the legislature with no recommendation by a vote of 6-1.
During Marcelle’s time in the hot seat, he answered questions from members of the personnel committee and other legislators in attendance, with some Democrats questioning his ability to be objective given his years serving as counsel to the legislature’s minority and his time on the redistricting commission. McCoy is a Democrat.
“You’re trained to defend your clients. My loyalty will be to the county,” said Marcelle. “I will defend their issues as vigorously as I can.”
Legislators also wanted to know how Marcelle would handle “switching hats,” having practiced privately since 1991. He said he would be ceasing all private practice work with the exception of three cases he’ll see through to their completion, further noting that none of them are a conflict of interest.
Noelle Kinsch, D-Albany, wanted to know what if any changes Marcelle planned to make to the County Attorney’s Office if he lands the job.
“I think the biggest issue we have in the County Attorney’s Office is the number of outside attorneys that we pay to represent the county,” said Marcelle. “I don’t view myself as coming in and having the answer to every question. … I respect the lawyers in that office.”
Marcelle also said he had no plans to go on a “firing spree” and couldn’t “envision the circumstances” that would lead him to relieve someone of their current position in the office unless there was some “compelling reason.”
As county attorney, Marcelle would be tasked with working with the District Attorney’s Office at times. As a supporter of David Soares’ primary opponent Lee Kindlon, Marcelle was asked to explain how he would be able to work with Soares.
“You go into combat, you disagree in sometimes really tough, hardnosed ways but just because you have a disagreement on an issue doesn’t prevent you from working together when you have to work together. I have no problem with Mr. Soares,” said Marcelle. “There will be times, I’m sure, that the district attorney and I may agree to disagree on certain cases.”
McCoy’s other two appointments also underwent questioning. Duncan, who has spent 18 years as the Town of New Scotland highway superintendent, was asked to brainstorm how he could save the county money.
“I’ve got some ideas but would be willing to look at more,” said Duncan.
He also said he’d like to review all roads in the county and would be willing to meet with neighbors along Johnson and Schoolhouse Road in Guilderland who had concerns about paving.
Dalton said she thought the biggest issue facing the county is Medicaid and she had plans to implement a denial management program to streamline a sometimes-complex process.
Legislators also raised concerns that she bounced from job to job through the years, but the Department of Social Services needs an individual to stick it out for the long-term.
“I’m absolutely committed to staying here,” said Dalton, adding that since she was in the consulting business many jobs were project-based.
