Mayor Harold Hecken surprised many people last Thursday when he appointed John Mauk, rather than Robert Rothschild, the Estates Property Owners' Association's selection, as the trustee to finish the term of Village Board member Lawrence Kettner, who moved from Garden City last month.

The meeting began on a strained note when Trustee Robert Lewis asked to adjourn to executive session to seek the advise of counsel. When the board returned from executive session, the mayor explained this action, stating, " the reason for the executive session prior to the beginning of this meeting- I have the opportunity to appoint a trustee from the Estates to replace Larry Kettner and several members of the board wanted to know the legal requirements behind it, wanted to be sure it is a legal appointment the mayor is about to make for the rest of the term." According to the NYCOM Handbook for Village Officials, "Vacancies in elective or appointive offices caused other than by expiration of term, are filled by the mayor, and board approval is not required." This appointment is for the balance of the year until the next reorganizational meeting.

In seeking to fill the vacancy, the mayor asked the Estates Property Owners' Association, the area from which the trustee must come, to provide a list of names they would recommend so he would have a choice of candidates. In response to this, the POA of the Estates sent the mayor one name, and when asked again for additional names, said they only had one name to submit.

Mayor Hecken reminded everyone that he is a lifelong resident of the village and recalled many instances where three names were called for by the mayor in order to fill a vacancy. He recalled one such instance when he was president of the Eastern Property Owners' Association, where Mayor Bill Dwyer told him, "If we sent only one name it would be, in his words, 'telling the board whom to appoint.' I believe the residents of this village will understand that for my appointment to be meaningful, I too, ask for the ability to have a choice." The mayor then announced that the previous evening he received the name of an additional candidate supported by signatures of more than 200 resident electors of the Estates section. Resident electors are those members of the community who live in that particular area of the village but do not necessarily belong to that section's Property Owners' Association. "Under the open process of our Community Agreement form of government I don't believe I should ignore the voices of these resident electors from the Estate who wish to be heard. Therefore I plan to take some time to consider the merits of both of these candidates and intend to make my selection based on the one whose qualifications I feel best meets the needs of our village at this time," stated the mayor.

During the public comment section of the meeting Jerie Newman stated that she was pleased to be able to present the mayor with the petition signed by 244 resident electors of the Estates section recommending John L. Mauk for consideration. "With more than one name, you now have the ability to select a candidate to fill the vacancy on the board of trustees created by the resignation of Trustee Larry Kettner."

Newman stated that when she heard of the vacancy she immediately thought of Mauk and encouraged him to apply because, "I had carefully followed his outstanding performance when he led the team which exposed the seriously flawed contracts in the original $50 million school bond issue," which she reminded residents was voted down 2 to 1. She noted that since that time he has continued his involvement by joining the ad hoc committee and helping to craft the bond that was approved by the residents. She added that Mauk's contracting and construction expertise and his experience as a member of the Village Planning Commission for over 10 year will be beneficial to the village when it comes to projects such as the expansion of Village Hall; the revitalization of the business section, including the study of parking needs; and plans for the maintenance of St. Paul's.

According to Newman, "John has no personal agenda, no conflict of interest and the courage and strength to serve as a trustee for the entire village. He approaches issues fairly and objectively." Others besides Newman had already approached Mauk about putting his name in for consideration, so he did and was interviewed by the Estates POA Vacancy Committee.

When the Estates POA would only submit one name, Newman stated, "The only way I knew to get John Mauk's name before you was to demonstrate via petition that there is support from resident electors residing in the Estates area so you can consider both names." She went on to note that when she served on the property owners' board for 12 years, the last year as president, she was aware that when there was a vacancy to be filled, at least two names had to be submitted for consideration. "I also know that there were times that only one name was given, usually because only one person was interested, but in this case two people expressed interest, both of whom, in my opinion, the Estates POA Board should have been proud to send to the mayor for his consideration."

In the face of the accusation that this petition goes against the Community Agreement, Newman stated, "Under our Community Agreement form of government, there is a procedure which is used by all four associations, whereby other candidates may be presented by petition. So...the fact is- this petition does not break the Community Agreement, rather, it is the Community Agreement working."

"I think it should be very apparent now, why for so many years, more than one name was required from the POA Boards to fill vacancies when they occurred. It puts the power where it belongs. There is a lesson to be learned here if we are to keep our Community Agreement viable. Our form of government has served Garden City well since 1919. It is a good system," concluded Newman.

Jim Costello, an elected director of the Estates Property Owners' Association was the next to address the issue of the trustee appointment. Costello noted that nominating committees are for elections and because this was an appointment and not an election, the Estates POA convened a vacancy committee, headed by Linda Wagner, to make a recommendation to the mayor. Costello stated that the committee asked Mauk if he would be interested in being considered, but said that Mauk declined, only submitting his name after nominations were closed. In discussing the committees selection of Rothschild as a candidate, Costello stated, "He was a sitting president [of the Estates POA]. He had served us for three years in that capacity. He has been in this room as an observer, as our representative many, many times. Mr. Mauk on the other hand has declined to become a director of the property owners' association."

Costello went on to explain that despite the late submission of his name, the vacancy committee interviewed Mauk and found him to be a qualified candidate. "On April 12 the Estates Board met and the Estates Board felt very strongly that only one name should be submitted to you the mayor," said Costello. He added, "We are very, very distressed that you are depriving us of a representative up there because it is your decision to make."

In response to the question of the history of appointments Costello stated that in the prior two vacancies of the Estates there was only one name submitted by the Estates Board.

"We have followed the process to the 'T.' We have come back to you in writing several times. In my opinion, petitions are inappropriate," said Costello. "I also think that the interference from other property owners' associations in this matter is inappropriate. It is your decision to make, Mr. Mayor. We beg you to make the decision promptly."

Dorothy Episcopia, a past president of the Eastern Property Association, addressed her concerns about what had been said thus far. "My concern with what I just heard, listening to two sides of an issue here, is the suggestion, perhaps that a petition to the mayor of the Village of Garden City is inappropriate. Now I really prize the Community Agreement and I've been involved in things around here since 1976 and have truly come to understand and cherish the Community Agreement." She then spoke about the history of the Community Agreement and how it was originally designed as a nominating process. "The beautiful part about this system is, if residents do not particularly care for the choice of a section's nominating committee, they have the right to come forward and tell them that. At which point there is the equivalent of a primary election within each section." She noted that while in this instance it is not an election, it does affect all the residents of the village as a whole.

"If the problem here is objections to people coming forward and expressing themselves to you, they have a right to do that and you have the obligation to then make that selection. I think we all have to keep in mind a tiny little document. It's called the Constitution of the United States. And that, it seems to be at issue here...I am not commenting on either candidate except to say that I'm sure they are both qualified. I'm disturbed with the suggestion that what 245 resident electors of the Estates have done is a bad thing. They have a right. They could have each come here tonight and gotten up and said what they thought, instead they did it by petition."

Jim Harmon, one of the resident electors from the Estates who signed the petition stated, "Our view is that what we did was to petition the government. The First Amendment says that you can do that. I'm sorry that people think it might be interfering by giving you, the mayor of all the people, the ability to make a choice to do what you think is best for the Village of Garden City. We wanted you to have a choice and, speaking for me, only one person who signed the petition, whichever way you decide, we are behind you 100 percent."

With regard to the Community Agreement, Mark Sheridan stated, "In my 32 years in the village, I have heard a lot of things about the Community Agreement. I've heard it vilified as fundamentally undemocratic, intrinsically elitist. I've heard it described reverentially as a nearly perfect form of democracy. Each of those extreme characterizations is incorrect. But I never before have heard anyone invoke the spirit of the Community Agreement to deny a citizen's right to petition, to deny the mayor a choice. It demeans the term Community Agreement and renders it an oxymoron."

Robert Rothschild, then suggested that, for the future this might be an issue to be considered by the Joint Conference of the Property Owners' Association. "Now you have to remember, that the Joint Conference is not a decision-making body. The Joint Conference is made up of the presidents and vice presidents of each POA. So I would suggest that this issue go to the joint conference for deliberation and possible referral back to the POAs as a way of handling this to avoid this situation, take the mayor out of the situation he is presently in," said Rothschild.

Following these comments from the public, Mayor Hecken made his decision, stating, "I'm afraid I got many of us into a mess perhaps and I don't think there is any reason to delay it any longer because the mess won't go away and it won't get any better." Noting that he has received much feedback from residents and former mayors and gone back and forth between the candidates several times, the mayor concluded, "The thing I was torn against the hardest was that I couldn't get the Estates POA to provide me with a choice. I never told them a particular name to submit. I frankly think the best candidate for the village right now is John Mauk and I would like to make that appointment. I hope that those of you who had hoped I would vote the other way will not be too mad at me but as mayor, that is my decision. Several trustees sitting here are opposed to that and several others are in favor of it, so we've got a mixed bag even up here."