By now you are aware that BOCES on Tuesday [Nov. 19] was successful in passing a referendum to purchase 71 Clinton Road. When this property is taken off the Garden City and Nassau County tax rolls, nearly $3 million in tax revenue will be lost over the next 10 years. And while the results of this referendum are upsetting, what should upset us most is the manner in which BOCES conducted this referendum.

I would argue that the referendum itself was faulty and should be challenged. I happen to know for a fact that at least one resident actually voted in two different polling locations. This person wasn't trying to deceive anyone by using different names or addresses or anything. He simply signed his real name and correct address at both locations. He did this to prove a point. Unlike regular school budget, primary or general elections where you have to vote at an assigned polling location and sign your Board of Elections card that has been sent to that location - and therefore guarantee that you can only vote once - the BOCES referendum didn't have any such method to prevent someone from voting multiple times at multiple locations.

Simply signing your name on a sheet didn't prevent anyone from voting more than once. Who's to say that BOCES didn't have people vote more than once at multiple locations? In addition, 13 of the 22 polling locations were actual BOCES facilities - so couldn't BOCES' extensive use of "Vote Yes" posters be considered electioneering?

At the very least, there must be some way to legally protest this referendum. I mean, how can an election so faulty be used to take such a significant piece of property off our tax rolls? I believe the county, village and school district are obligated to challenge this on behalf of their taxpayers. I'm not an expert on election law but certainly the village has the means - through legal counsel - to help us investigate how we can legally protest this referendum.

And even if it turns out that we have no recourse - as is often the case with almost everything related to the State Education Department, which gives BOCES its power - I suggest that elected officials and residents start a campaign for BOCES election reform.

We could start a movement calling for the enactment of a law that forces BOCES to place such referendums on the same ballot used for the annual school budget vote. A few years ago a law passed to force all school districts to hold their school budget votes on the same day in May. A similar law should be passed to add BOCES referendums to those same ballots.

Since individuals are only allowed to vote in one polling location during such elections, this would guarantee that no one votes more than once. It would also guarantee that such referendums aren't passed in relative secrecy. If it weren't for our Property Owners Associations, local newspapers and the PTA, no one would have heard about this referendum except BOCES employees.

Michael Maloney

(Editor's Note: Maloney of Garden City, read this letter to the board of trustees at the Nov. 21 meeting.)