Private Talks of Deputy Engineer Job in Yorktown at Issue
Discussions of hiring a deputy town engineer in Yorktown that have taken place by the Town Board behind closed doors several times in recent months should be held in front of the public, according to Councilman Vishnu Patel and former Supervisor and Councilwoman Susan Siegel.
Patel and Siegel insisted the board was violating the state Open Meetings Law and the instructions of a state Supreme Court judge by talking about the creation of a new position in private.
“You cannot create a job in closed session,” Patel asserted. “This is bogus. How can they ask for a resume for a job that doesn’t exist?”
Siegel, who was ousted from the board last year, filed a lawsuit in January alleging personnel decisions that will directly affect citizens must be discussed in an open forum. Specifically mentioned in the proceedings were town engineer and deputy town engineer.
When asked by state Supreme Court Justice Linda Jamieson if those positions would be discussed in an open meeting, Town Attorney Michael McDermott responded, according to court papers, “Of course, Judge. This is the assurance that we have been trying to give to Ms. Siegel.”
Jamieson later reiterated staffing must be an open meeting item, instructing Town Clerk Diana Quast it should appear on an agenda. “The discussion, it should be open to the public. If you are going to do something like that, that transfer, it affects everybody in that town in terms of their taxes and in terms of what is going on and what is going to happen in your town.”
McDermott replied, “I completely agree with you, and I respect your opinion, your statement, rather. However, this has been our position all along.”
Siegel maintained it was clear the board was “openly and flagrantly” violating the law and “defying” Jamieson.
“Once again, Supervisor Grace and his colleagues on the Town Board have violated our trust. They have shown contempt for the law, contempt for the courts and contempt for the people of Yorktown. We’ve had enough!” Siegel remarked.
However, Supervisor Michael Grace stated in an e-mail the position of deputy town engineer was a “pre-existing but unfilled position in the town.” His contention seemed to be confirmed by the Westchester County Department of Human Resources, which noted on a “New Position Duties Statement” application filed by Yorktown Town Engineer Michael Quinn on July 1, that there was no need to create the deputy town engineer position on the Civil Service roster since the “position already authorized.”
“Previously the Engineering Department consisted of a town engineer and a deputy. Therefore, no “new” positions have been created,” Grace explained. “Without violating the confidentiality of executive sessions last Tuesday (July 26), the board interviewed a candidate for potential employment that would report to the town engineer. That potential hiree’s skill set was explored as it related to duties within the Engineering Department and to the handling of certain town matters within and without the Engineering Department.”
“Mr. Patel launched protestations which can only come from a complete misunderstanding of a proper examination of a potential employee’s skills as would relate to that person’s potential employment with the town,” Grace continued. “At times it is almost impossible to fathom what Councilman Patel’s objections may be.”
Patel said he was not convinced the deputy town engineer position existed and called on Grace to produce a public record of when it was approved by the Town Board.
Rick has more than 40 years’ experience covering local news in Westchester and Putnam counties, running the gamut from politics and crime to sports and human interest. He has been an editor at Examiner Media since 2012. Read more from Rick’s editor-author bio here. Read Rick’s work here: https://www.theexaminernews.com/author/pezzullo_rick-writer/
