Brown Appointment Political Deal?

Having been pulled unceremoniously from an early Smithtown Town Board agenda without explanation, the appointment of Victoria Brown as a Hearing Officer for the Traffic Violations Bureau passed at the January 14 Board meeting. Three council members, all Republican voted "yes," with only Councilwoman Jane Conway, also a Republican, abstaining. (Read Conway's statement in its entirety)

At the same meeting, Supervisor Patrick Vecchio, contradicted earlier comments by Board members and announced that an appointment would be forthcoming to fill the unexpired term of Michael Fitzpatrick, now an Assemblyman.

Despite ten candidates (submitting resumes) in the running, the next town board member, according to Kings Park sources, is reportedly Ed Weirheim, Director of Parks and Recreation, and also a Kings Park resident. (see update - as reported in SuffolkJournal.com on 2/2 Weirheim nomination was approved by board on 2/4)

The controversy over the Brown appointment stems from several points. Another Smithtown Hearing Officer, Janice Shea, dismissed a parking ticket issued to then-Assembly Robert Wertz, without a hearing, on a technicality, raising cries of political favoritism. The ticket issue became a campaign issue for Wertz who was in a three-way primary to replace Senator James Lack. Wertz lost the primary.

The loudest criticism of Shea's dismissal of the ticket came, somewhat surprisingly from fellow Republicans, some of whom supported the other two candidates in the primary race.

The Brown resolution, drafted by Councilwoman Joanne Gray states simply; "the Town Board to authorize the following, appointment of Victoria Brown to the position of Hearing Officer for the Traffic Violations Bureau effective January 7, 2003." It mentions no salary, rate of pay or term. The rate of pay is required to be part of the resolution. It says nothing about terminating Shea although it has been reported that "she knows she's fired," and would have "heard it through the grapevine." Terminations, and acceptance of resignations are the subject of a VOTE, by the town board.

Aside from the question of whether or not a third Hearing Officer is now on the Town's payroll, there is the question of wisdom of political favoritism in the appointment of Brown.

Brown is a long-time Kings Park resident and Republican committeewoman. Her political history in Smithtown is long and frequently changing.

First, she was a Republican, and as such, appointed by the then-Town Board to serve on the Library Board of Trustees. During that term, she switched political parties, becoming a Democrat. She ran an unsuccessful race against then- Legislator Michael D'Andre six years ago. She also served as Campaign Chairman for Democrat, Elaine Turley who ran against D'Andre two years later.

When Brown's term was up on the Library board she was not re-appointed. A Republican was.

Roughly two years ago she again switched political enrollment, becoming a Republican once again. She openly criticized the town Democratic Committee for its "inability to get anyone elected" and voiced her own interest in getting a job, but claimed she was not interested in running for office. She worked actively on Lynne Nowick's campaign for Legislator and other Republican campaigns. When Nowick won, Brown submitted her resume for the position of Tax Receiver, the post Nowick left. She was not appointed. She also submitted her resume for the vacant Town Board seat of now-Assemblyman Michael Fitzpatrick.

She will not get that appointment either according to insiders, who say that a deal made to get her the three votes necessary to become Hearing Officer, also gave the Town Board seat to someone else. Supposedly, in return Gray's support for Town Director of Parks and Recreation, Ed Weirheim's appointment to the town board vacancy, other board members supposedly agreed to Brown's appointment.

Weirheim was appointed by unanimous vote of the Town Board as a "read on" resolution on February 4. "Read on" resolutions are not printed on the published or draft agendas. As reported earlier in SuffolkJournal.com he is expected to file his retirement papers in March, and beginning in April will serve Fitzpatrick's unexpired term. He would have to run for election this fall, as will, that's right -- Joanne Gray. (see recent history of Town Board appointees - almost all from Kings Park)

Also adding to the mix of controversy surrounding Brown's appointment is the fact that she is an officer of the Kings Park Civic Association. While that is a community group, it is also an active group, lobbying the town on a variety of issues, applications and matters. Some question whether her continuing to serve as an officer of the civic association rises to the ethical level of a potential conflict of interest. The civic association president, Greg Szurnicki, who supports Brown's appointment, does not see a conflict and said it would be up to Brown to decide if she would step down.

Historically, hearing officers were attorneys. Brown is not an attorney. She is a paralegal, primarily working on real estate and Surrogate's Court matters. She has no criminal or traffic court background.

There was some question as to whether the law is clear on whether a hearing officer must be an attorney or not. Gray stated during the public portion of the meeting, after the vote and in response to criticism from Thomas Lambert, Smithtown Democratic Chair, that "there are over 400 towns and villages on Long Island and many do not have [attorneys as hearing officers]." (Lambert's comments in their entirety.)

Questioned later, Gray said she mis-spoke. Clearly there are not 400 towns and villages on Long Island - but she maintains that many hearing officers, Justices of the Peace, and magistrates on LI are NOT attorneys.

Conway said she abstained for several reasons, including the fact that Brown is not an attorney and has "no experience in [criminal or traffic law]." She noted that Smithtown is not a rural area with few available attorney's to choose from. Given the fact that the appointment was the result of a controversial incident, Conway said it would be "unfair" to put Brown in such a position without the legal experience.

Lambert, who is an attorney, also charged "political payback" in Brown's appointment. While he acknowledges that the ruling party is permitted to and usually does appoint from among their own ranks, he charged "even political appointees need some relevant experience for the position."

He noted that the controversy over the Wertz ticket not only reportedly cost Wertz some votes, but cost taxpayers $42,000 in a settlement with the officer who wrote the ticket. The officer, Lou Marcus, alleged that he suffered harassment on the job and sued the town. As part of the settlement agreement, Marcus retired.

Should someone appeal a decision by Hearing Officer Brown, that appeal would be made to a three-officer panel, appointed by the Town Board. At the present time, there is no appeals panel in place.

Former Smithtown Democratic Chairman Joe Quinn expressed his disappointment in the Board's decision to appoint Weirheim, stating that a better choice would have been to leave the seat vacant until the November election. He said that they have "given away a six month incumbency." The implication is that an incumbent has greater name recognition and therefore a more likely chance of being re-elected than a challenger. Weirheim, however, as Parks & Recreation Director is already well known throughout the town.

Statement by Councilwoman Jane Conway

I abstained on the appointment of Victoria Brown as a hearing officer for the Traffic Bureau for several reasons.

While I will not say anything negative about Victoria, she is not a lawyer. I believe that the position should be filled by an attorney. As the memo from the Town Attorney's office on this subject indicates, there is "an anomaly" i n the law whereby Traffic Bureaus created under the enabling language of the General Municipal Law are not mandated to have attorneys as hearing officers but Traffic Bureaus created under the Vehicle and Traffic Law are specifically required to have attorneys as hearing officers. Clearly, the most qualified person for the job would be an attorney who has familiarity with ht he Criminal Procedure Law, the Vehicle and Traffic Law and the general rules and evidentiary standards of administrative law.

Were we in a rural upstate town with few, if any, attorneys, this action might be acceptable. Wherea s here, we are a Suburban Class Town, obviously with no dearth of attorneys, I think the judgment of the majority, though technically legal, is questionable on its merits. We are putting a paralegal with no experience in this area of the law into a situation which has already been the center of controversy. I do not believe the majority has made the best choice for the Town, or, in fact, for the person selected.

None-the-less, I have known Victoria a long time and I am confident she will work hard at the job. I wish her good luck.

Smithtown Democratic Committee

Today's appointment of former campaign worker, Victoria Brown as Hearing Officer by Smithtown's all Republican Town Board is the political fruit born of one party government. Ms. Brown is not an attorney and has no prior relevant experience. The appointment is purely political payback. Even political appointees need some relevant experience for the position to which they are appointed!

Smithtown's recent history shows that the position of Hearing Officer can have a significant effect on Town finances. Political considerations appear to have played a role when the most recent hearing Office dismissed former Assemblyman Robert Wertz's parking ticket without the required hearing. The lack of a hearing in this matter, which involved a possible $75 fine, set off a chain of events which resulted in the Town of Smithtown paying a $42,000 settlement to the officer who wrote the ticket. The officer had claimed that he was the victim of harassment by the Town due to his writing of the Wertz ticket.

Now, a political appointee, who is a non-attorney, and who has no background in the Court system, will hear matters involving traffic violations for the Town. This is a recipe for disaster! I call upon the Town Board to rescind their appointment of Ms. Brown before Smithtown's residents again have to pay for a political mistake. The position should b e filled by an attorney who ahs experience in the court system.

My call to the Town Board will probably fall on deaf ears as the Town Board is all Republican. Mr. Wertz's comment, "That's the way we do things in Smithtown," which was made after the recent dismissal of his parking ticket appears to apply to this situation as well. Unfortunately for Smithtown's taxpayers, this situation will not change until we have bipartisan government.

Recent Appointments by the Town Board

(not in chronological order)
(Note, Supervisor Patrick Vecchio and Councilwoman Joanne Gray are Kings Park residents)

The Latest:

Ed Weirheim - Kings Park (Town Board) (making three of five members from Kings Park on the Town Board)

Victoria Brown - Kings Park (hearing officer)
Deanna Varricchio - Smithtown (tax receiver)
Edward Hogan - Kings Park (Board of Zoning Appeals)
John Sullivan - Kings Park (Planning Board)