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Salamone files lawsuit against Rotterdam

Town Board's retirement incentive vote contested legally

Three Rotterdam Town Board members recently passed the proposed retirement incentive, but their vote is set to stand judgment.

Board members passed the New York State 2010 Retirement Incentive Part A during a special meeting on Tuesday, Aug. 31, but some questioned the legality of the vote. Frank Salamone, town resident and Republican candidate for the Town Board, filed a lawsuit today, Sept. 7, challenging the vote taken by Town Supervisor Francis Del Gallo, Deputy Supervisor Robert Godlewski and Councilman Matthew Martin.

The supervisor and the deputy supervisor called a meeting without alerting the public, without calling for a public hearing without giving the people the right to speak, said Salamone. "They deprived us, the residents, our right to representation, because they called the meeting so that board members wouldn't be there to voice their concerns and that is unacceptable."

In the submitted petition there are six main points cited to nullify the vote. These arguments stem from New York State Town Law Section 62 and New York State Municipal Home Rule Section 20 and 27.

According to Municipal Home Rule Section 20 paragraph 4, if a town supervisor has "certified as to the necessity for its immediate passage and such local law be passed by the affirmative vote of two-thirds of the total voting power of the legislative body."

Salamone said this would require four out of the five board members to pass the local law, which was passed by only three.

Also, New York State Town Law in Section 62 states, "The supervisor of any town may call a special meeting of the town board by giving at least two days notice in writing to members of the board of the time when and the place where the meeting is to be held."

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