There Are No Consequences

October 5, 2011 Within the span of six days, Supervisor St. Lawrence and others associated with him were found guilty of denying a worker’s civil rights in one courtroom and of improperly sticking the taxpayers of the town of Ramapo with a $25 million debt in another. In neither place, though, were there any penalties handed down by the judges.

Sept. 16—US District Court From The Journal News: "A federal jury ruled in favor of a former Town of Ramapo groundskeeper Friday who claimed his civil rights were violated and he was forced to quit his job after he refused to post the town supervisor’s political campaign signs on his property. The verdict was delivered Friday afternoon at the U.S. District Court after several hours of jury deliberations and after days of testimony during which Ramapo Supervisor Christopher St. Lawrence was cross examined."

Actually, the worker, Tim Cronin, did not refuse to permit the signs on his property. When an oversized 4 x 8 plywood sign bearing St. Lawrence’s name was dug into his front lawn without his permission, he took it down and returned it to Town Hall. He agreed to have smaller signs put up, but the 4 x 8 reappeared days later, again without his permission. After a second removal, he received a phone call from St. Lawrence and the Supervisor, his boss, asked him, Don’t you support me?

When Cronin was forced out of his job months later, the jury decided that the vindictiveness of the Supervisor was a proximate cause, and they found St. Lawrence guilty. The pathetic part of the outcome was that the court would not allow punitive (money) damages. Yes, St. Lawrence, acting as vindictive boss was guilty of taking an employee’s constitutional right of free speech, but his only penalty was the embarrassment of having one of his serious personality flaws exposed in a public court. You can read more about the details of the case here.

Sept. 22—New York State Supreme Court The signed decision from the New York State Supreme Court of Linda Jamieson was delivered to Preserve Ramapo and four other plaintiffs. Judge Jamieson found the Supervisor and Board did not follow municipal law in several of the causes of action, but she dismissed all of the complaints with toothless warnings about the need for the Board and Supervisor to be more scrupulous about following state law in the future.

We will highlight two of the 16 causes of action here. For those who want to read the full text of the 25-page ruling, you can download the PDF here.

A Lesson Learned

When the Supervisor and Town Board decided the Ramapo Local Development Corp. did not have the resources or fiscal credibility (credit) to build St. Lawrence’s Project Grand Slam ballpark, they simply assumed the voters would have to back a $16.5 million bond to pay for it. They wrote and passed the resolution at a regular board meeting.

When this information was published, Preserve Ramapo organized a successful petition campaign to get a referendum vote on the $16.5 million, and on August 24, 2010, the public voted on what they thought about paying for a ballpark. They responded with a resounding NO! The referendum vote was 7,166 against and 2,979 in favor—71% to 29%.

In public, St. Lawrence mouthed the same words over and over again, There will be no public funds spent on this project. Don’t worry, we’re going to get private investors for this.

When the investors didn’t show up—they obviously had far more sense than those sitting on the board—a different scheme for getting taxpayer funding was hatched. Just steal it. Say nothing this time, and be damn sure the public doesn’t get a second chance to vote on whether they should have to pay for it.

What happened next is perhaps the key issue at the heart of the lawsuit filed in Jamieson’s court. In the written decision just handed down, this particular issue is the first that the Judge deals with. She writes: "The Court is deeply concerned about the meeting of February 17, 2011, at which the Town Board of the Town of Ramapo approved Resolution 2011-155 unanimously. That Resolution resolved that the Town of Ramapo ‘shall serve as guarantor of such short-term obligations to be issued by’ the RLDC (St. Lawrence’s development corporation that built the stadium) ‘with a maturity date not to exceed five (5) years and in an amount not to exceed twenty-five million ($25,000,000.00) dollars."

A little background here might help. There were two public Town Board meetings scheduled for the month of February--one on February 9 at 8pm and one on February 23 at 8pm. There was no meeting announced or posted for February 17—the one the Judge is discussing. That was a Thursday. There is no record of any memo sent to the board members from the supervisor two days in advance of this meeting. (A FOIL request produced no written notice to the board.) This two-day advance notice is required by the State Municipal Code. And the seven-day notification period for the press also passed without a mention of a Thursday meeting. And when the required 72-hour window for public notification had closed, this notice was faxed to the Journal News and Rockland County Times:

The notice was sent Feb. 17, at 11:07 in the morning, on the very same day this unscheduled meetingwas to take place. The meeting was about to start, and just 53 minutes before it began, they sent thisfax. And to add another illegal dimension to what they were doing, the agenda listed in the notice is fraudulent. The larger item on the agenda, a $25 million bond for the ballpark, does not appear on this public notice.

They were making damn well sure the public would not hear of this meeting in time to attend. By "they", we mean St. Lawrence, Board Members Friedman, Hunter, Ullman and Withers, Attorney Michael Klein and Clerk Christian Sampson. This would be part A of the plan, and part B would be to keep the record of what was done in the meeting also away from the public.

There are specific requirements in Section 104 of the Open Meetings Law in New York State, and Judge Jamieson is very clear in her description of how the law was breeched at this meeting. She writes in the decision:

"It is clear from the papers that the notice of this meeting was entirely inadequate. Notice was not given until the day of the meeting, the time of the meeting was incorrect, and the Agenda for the meeting was incorrect."

As to part B of the scheme, she says this: "Moreover, the minutes of the meeting were omitted from a list of meeting minutes sent to petitioners, in response to their FOIL request, on March 24, 2011. Respondents (St. Lawrence and the Board) explain that this is because the minutes were not yet prepared. It does appear suspect that the February 17, 2011, minutes were not approved until April 13, 2011 (at the same time that the minutes of November 19, 2010 and March 23, 2011, were also approved."

Keep in mind, what was discussed at this hidden meeting was no trifling matter—there were two resolutions passed in the dark that day. One was for $25 million to build St. Lawrence’s ballpark and another was for $13.5 million to pay for the other RLDC project, Elm Street. Both resolutions passed with 5-0 votes.

So, they broke the State Municipal Law in the way they scheduled and did not properly publish notice of the meeting, they lied about the purpose of the meeting, and then they hid the notes from the proceeding. So, what should the Judge have done to punish this behavior?

What do you think? Twenty five million—twenty five years? Of course not. But what about sanctions? What about removing all of them from the board for malfeasance, or malpractice? We’re in the middle of a relentless recession and the taxpayers have been hammered with tax rates that place them the fourth highest in the nation? And they had already made it abundantly clear that they wanted no part in paying for this ballpark.

Judge Jamieson simply passed off the entire matter with a "Please don’t do this again," and then she moved quickly to the next item. That’s not an exaggeration. Here’s exactly what she wrote in her decision:

"The Court cautions respondents (CSL and the Board) that they must exercise care to make sure that all notices are sent properly, in more than adequate time, and all procedures are followed to the letter. With respect to the transcription of the minutes of future meetings, the Court urges that all minutes should be prepared and approved within 30 days of the meeting."

What amounted to the secret appropriation of $25 million taxpayer dollars was met with a judicial "Tut, Tut."

But at least there was the warning that from now on the board "must exercise care to make sure that all the notices (for meetings) are sent properly, in more than adequate time, and all procedures are followed to the letter." Sounds like a pretty stern warning, so maybe finally the public could now expect that the town would publish notices of meetings according to the state laws in the Open Meeting statute.

Guess again folks. The very next public meeting after this decision was handed down showed no change in the behavior of this board and supervisor. The schedule said the next meeting, a special town board meeting, was to be held on October 5 to be followed by a workshop on the upcoming budget. October 5 was Wednesday and the meeting was supposed to begin at Town Hall at 6:00 pm.

Arriving that night on time at Town Hall, the parking lot was suspiciously empty. The meeting room was empty also and there was no notice on the doors. A check of the Supervisor’s office and that also was vacant. A quick check of the Ramapo website showed this message:

PUBLIC NOTICE

Please be advised that Supervisor Christopher P. St. Lawrence and the

Ramapo Town Board have CANCELLED

THE WORKSHOP MEETING OF WEDNESDAY, OCTOBER 5, 2011 SCHEDULED FOR 6:30 PM

The Special Workshop was cancelled, but the website calendar still showed the Special Town Board meeting in its published time: October 5 at 6:00 pm. However, a check of the Official Town Bulletin Board in the virtually empty Town Hall revealed a Memorandum from the Town Clerk that contradicted the information on the website.


PUBLIC NOTICE

Please be advised that Supervisor Christopher P. St. Lawrence and the

Ramapo Town Board have RESCHEDULED

THE SPECIAL TOWN BOARD MEETING OF OCTOBER 5, 2011

At Ramapo Town Hall

FROM: 6:00 PM

TO:

9:00 AM

Got that? The Special Meeting of the Town Board still appearing on the website calendar for Oct. 5 at 6:00 in the evening had already taken place that morning at 9:00. So for those residents and several students from Suffern High who were there for the 6:00 Special Town Board Meeting they had missed it by 8 hours. The notice posted on the bulletin board at Town Hall, which contradicted the information still on the website, was posted by Christian Sampson at 10:15 AM, on October 4, 2011—certainly not within the window of adequate public notice as defined in Section 104 of the Open Meetings Law for New York State.

It was as though this board and supervisor had collectively put the backs of their hands under their chins and then waved a scatological salute to the judge who had just a few days before demanded that they "make sure that all notices are sent properly, in more than adequate time."

Well, at least we might find some perverse satisfaction in the fact that the contempt the Supervisor has shown for some of his employees, and the contempt shown by the entire board toward the taxpayers has been extended to the courts and its officers as well.

Supervisor’s Conflict of Interest and Corruption

The second critical commentary in Judge Jamieson’s decision involved the problem of a conflict of interest on the part of Christopher St. Lawrence. As both the Town Supervisor and President of the Ramapo Local Development Corp (RLDC) that was developing the ballpark, St. Lawrence often was the deciding vote on key issues involving the project. Here the court turned to case law, explaining that "the critical point in determining whether there was a conflict of interest is whether the questioned official benefitted directly and individually from the action that was taken."

Judge Jamieson decided, "While Mr. St. Lawrence certainly had invested time and energy in the ballpark project, and likely was deeply invested politically in its success, there is no evidence whatever that he benefitted directly and individually from it." Had he personally benefitted, she seems to be admitting, then there would be a conflict of interest and a corruption of the process.

What appears in the table below was not revealed at the time of the hearings, because many of these checks written to St. Lawrence had not yet been reported. These payments were made directly to St. Lawrence for his personal campaign fund. Every one of these checks came from a vendor or party that worked on or were directly connected to the ballpark project.

Bottom 9 Baseball

1,000.00

July 27, 2010

Owners of the Boulders

Brooker Engineering, Suffern

99.00

125.00

750.00

750.00

June 12, 2009

Aug 4, 2010

July 23, 2010

July 8, 2010

Engineering firm

Bldg and Construction Trades Council of Rockland

3,000.00

May 19, 2011

 

Frederick P Clarke Assoc Inc Rye, NY

250.00

2,000.00

2,000.00

Mar 20, 2009

June 10, 2009

Aug 2, 2010

Engineering firm

Grasskeepers Landscaping Suffern

500.00

May 28, 2009

 

Grounds Care Ltd New City

250.00

250.00

July 13, 2011

July 13, 2011

Two contributions listed under the same date

Holt Construction Pearl River

2,000.00

250.00

5,000.00

Jun 23, 2011

Jun 17, 2011

Mar 31, 2011

General contractor for Project Grand Slam

IBEW Local 363 Harriman, NY

1,000.00

2,000.00

250.00

2,000.00

July 12, 2011

May 20, 2009

Mar 11, 2009

May 19, 2011

 

Ironworkers Political Action League Washington, DC

1,000.00

May 26, 2011

 

John Collins Engineers Hawthorne, NY

250.00

July 7, 2011

 

Laborers Local 754 Chestnut Ridge

1,250.00

July 1, 2011

 

Local 373 Mountainville, NY

150.00

500.00

1,000.00

500.00

Mar 13, 2009

May 21, 2009

June 26, 2010

June 29, 2011

 

Mechanical Contractors Warwick, NY

1,000.00

1,000.00

May 27, 2009

July 16, 2010

 

Morano Bros Croton on Hudson, NY

3,500.00

250.00

5,000.00

July 18, 2009

Mar 24, 2009

July 12, 2011

Contractor with the most cost overruns on the ballpark project

O’Sullivan Equipment

1,500.00

500.00

June 8, 2011

June 17, 2009

 

Pannone Lopes Devereaux Prov, RI

1,500.00

2,500.00

June 16, 2009

July 27, 2011

The RLDC law firm

Provident Bank Suffern

1,000.00

2,000.00

2,000.00

500.00

June 12, 2009

July 14, 2011

Aug 3, 2010

June 8, 2011

 

The Rockland Boulders

1,000.00

June 15, 2011

 

Turco Golf, Suffern

500.00

May 28, 2009

Did the turf and field

William P Devereaux N Smithfield, RI

500.00

Aug 3, 2009

Attorney at Pannone Lopes

The RLDC law firm

Matthew Lopes Prov, RI

250.00

Sept. 9, 2009

Attorney at Pannone Lopes

Gary Pannone Prov. RI

500.00

Aug 3, 2009

Attorney at Pannone Lopes

       

TOTAL

$53,124.00

   

 

These are the checks sent to St. Lawrence going into the month of August. We will be updating these numbers as they grow with future required filings that will cover the months going into the fall and winter.

Remember, the Judge’s premise was:

If he had any personal gain from this project, then there would be a conflict of interest.

But he did have a personal gain--more than $50,000 so far.

Therefore, there is a conflict of interest.

So what happens next? Nothing. Even in an appeal, the case would be restricted to what papers and procedures were already part of the lawsuit. Does it matter that, in fact, St. Lawrence has squeezed $53k from these companies that built the ballpark? No. Just as it didn’t matter that Michael Klein calmly lied to her face when the Judge asked him if there was sufficient notice given for the February 17 meeting. Klein knew the notice consisted of 53 minutes not two weeks or even 72 hours, but he told Jamieson that there had been sufficient notice. When she found out during the proceedings that it was 53 minutes she declared that "the notice of this meeting was entirely inadequate," but then, that was the end of it.

The system is obviously seriously flawed. Whether that’s due to the law, or the possibility of politicized jurists, it’s not clear. But if there was any lesson to be learned in this case, there was the acerbic comment from Judge Jamieson that appears right before her dismissal of the Ninth Cause of Action. She wrote: "This is a disagreement about administrative discretion, and the remedy is to elect a new Supervisor and Town Board." Indeed, but how do you fix a judicial system that seems intent on avoiding its responsibility to hand out any kind of justice?

Michael Castelluccio
Preserve Ramapo
www.PreserveRamapo.org
 

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