The petition stated town board members were only given 26 hours notice of the meeting and public hearings weren't held for the added sections of the resolution, which the petition stated violates MHR Section 20.
During the special meeting, the three board members passed a resolution to rescind the vote from the previous special meeting held on Aug. 19, which failed the resolution to adopt the retirement incentive by a 3 to 2 vote.
Martin, who previously voted down the incentive, said at the Aug. 31 meeting, "I have to allow the supervisor and the deputy supervisor, who have been insistent that this could save money, as a responsible member I have to allow the option to be fully explored."
Salamone, a petitioner and attorney for the petitioners in the lawsuit, is joined by town resident Kevin March and Town Board Member Gerard Parisi " bring the petitioner total to three.
"We all have different interests," said Salamone. "I was at the meeting, Mr. March didn't know about the meeting and Mr. Parisi was deprived of his right to vote because of Section 62 and other areas of law no one knew had been violated until after I filed those papers."
In early talks, Parisi planned to sign an affidavit for the lawsuit Salamone drafted, but later Salamone shared concerns with Parisi about the legal standing of the lawsuit without any Town Board members as a petitioner. Although, Parisi said he didn't object becoming a petitioner in the lawsuit.
"I think the way they conducted the whole meeting and vote was not only not transparent, I think it was illegal," said Parisi. "It was done in a manner to avoid public participation on top of all that, based on what our comptroller said and what I see, I think this maneuver is going to cost the town anywhere from $250,000 to more. I don't want to see this maneuver that was done illegally to cost the town money."
Parisi previously stated if a resident challenged the vote they might be able to overturn the resolution and he still believes the lawsuit holds solid arguments.
"From what I have seen and read I think Frank is on the right track with this and I think he has a very good chance of prevailing," said Parisi.
Del Gallo and Godlewski couldn't be reached by phone on Tuesday night for comments.
Check out this week's upcoming print edition of Spotlight Newspapers Schenectady County for updates.