Amidst boiling tensions over an upcoming public referendum that, if successful, would alter the mayor’s powers, Norman Rosenblum, the village of Mamaroneck’s Republican mayor, will sue three Democrats on the Board of Trustees over alleged breaches in the New York state Open Meetings Law.
According to an order for declaratory judgment which was sent by Rosenblum to a New York state Supreme Court judge on Oct. 17, the mayor will seek to nullify a decision by the Democratic majority of Leon Potok, David Finch and Ilissa Miller on the village board to authorize a ballot referendum that—if passed by public vote on Election Day—would restrict Rosenblum’s ability to appoint a village attorney as well as certain land use board members.
“I will not bow down,” Rosenblum said. “This is a continued attack on the office of mayor.”
In his lawsuit, the mayor claims that the village board meeting held on Sept. 6, which authorized two public referendums for the Nov. 8 ballot, failed to be properly noticed and broke New York state Open Meetings Law.
The state law stipulates that agenda items during meetings of municipal governing boards must be properly noticed—both in local media as well as municipal websites—in advance. Specifically, the law is meant to provide community members ample notice beforehand and insight into important legislative decisions.
Board Democrats, however, have characterized Rosenblum’s lawsuit as an attempt to retain power.
“Rather than demonizing the Democratic trustees, the mayor should focus on the substance of the issue,” Potok said. “His lawsuit is without merit and would deny residents the opportunity to vote their views.”
The debate over what the mayor’s powers of appointments was spurred in August by village board Democrats when they introduced a proposed public law that would become the precursor to the November referendum.
Board Democrats argued that the mayor has enjoyed unilateral powers of appointment by abusing what is known as the “hold-over” rule.
According to this village rule, the mayor is able to appoint members to land use boards—the Planning Board and Zoning Board of Appeals—if there is an immediate vacancy, such as a resignation or when someone is removed from their position.
Once that interim appointee serves out the rest of his or her predecessor’s term, a vote must go before the Board of Trustees to decide if the interim appointee should stay on for another term. However, if the vote is not unanimous, the interim appointment automatically remains on for that term. Therefore, Rosenblum has the power with a simple no-vote to dictate if his appointees remain.
Rosenblum has called upon this rule to appoint members to land use boards several times throughout his six-year tenure as village mayor.
