WPOA President Bob Bolebruch doesn't see why those who volunteer their time serving on Garden City's four property owners associations cannot be covered under the village's insurance. He demanded a better explanation and vehemently disagreed with the fact that POAs are not considered "official" components of Garden City's government, highlighting the recent run-off elections in both Central and East.

Speaking to the board of trustees Feb. 15, Bolebruch, who said he's glad to be stepping down this April, said, "Unless I don't understand our government, all of you come from the POAs and the process of hundreds of people who volunteer hours on behalf of establishing this government. To not cover us is inappropriate."

In part, an explanation Bolebruch received from village counsel Gary Fishberg's law firm, Cullen and Dykman, LLP, stated that although POAs serve a laudable purpose participating in village government, including nominating candidates for village office, they are still private entities - not public municipal agencies.

It was stated that when a POA assists in nominating a candidate, they act as a political party. It has been held that a municipality may not pay the expenses of political parties, which nominate candidates for political office.

Bolebruch, however, questions why POA members who are appointed to village boards and/or commissions, such as Garden City's traffic or recreation commissions, are served by the village's insurance. Further, the explanation noted that many private, not-for-profit, charitable sports and community service organizations' directors and officers purchase insurance at a fairly nominal rate because they seldom are subject to a lawsuit resulting in their activities. "In this day and age, when people sue you at the drop of a hat, a response that claims that all organizations like ours are seldom sued is a slap in the face to every single person who puts in their time and cares about the village," Bolebruch said.

Trustee Peter Bee assured that the village board is not doing the slapping. "Frankly, I hold POAs up higher on the pedestal. It is only by a virtue of your willingness to volunteer that we exist. Unfortunately, the state says that the only way that can continue is if it remains voluntary and separate, to some degree, from the government. The state has drawn certain lines and has told us we cannot give money to civic organizations that perform the nominating processes for government. I wish that that weren't so but that is what the state has told us," he said.

Bolebruch pointed to several published documents, including Garden City's 2003-04 annual report and resident handbook, to support his argument. Cullen and Dykman, LLP does not review either document prior to publication. He alluded to an explanation of the Community Agreement in the annual report, stating, "No where is the spirit of public service and volunteerism more evident than in the implementation of the Community Agreement ... the policy has been scrupulously observed over the years and has been instrumental in creating and continuing a spirit of unselfish cooperation and a non-political attitude with respect to the administration of municipal affairs."

Bolebruch added that a flow chart in the document, Garden City, A Special Place to Live, which the POAs published to celebrate the 125th anniversary of the founding of Garden City and the 75th anniversary of the incorporation of the village and the Community Agreement, clearly shows that the property owners associations are indeed part of the village's government. He suggested Mayor Barbara Miller and the board review the documents and provide POA presidents with an explanation as to why they are not covered. "The entire structure of Garden City, as stated in every single document that's been printed, is unique and non-political and is the structure and foundation of this village," he said. "How can you give us a response that states that is not true? It's irresponsible, as far as I'm concerned ... Your reasons have no point at all.

"To give us a response that states POAs are not officially part of the government of Garden City, that we are a political party, either means ... you couldn't have read these documents or it means that you truly don't understand how Garden City is structured," he added.

Article VIII, Section 1 of the New York State Constitution states: "No county, city, town, village or school district shall give or loan any money or property to or in aid of any individual, or private corporation or association, or private undertaking..."

Village counsel Thomas Wassel reiterated Cullen and Dykman's standing, stating, "POAs are property organizations, they are not official arms of the village government. Therefore any payment of monies or payment of insurance premiums for the officers of those private organizations would be a gift of public funds to a private organization."

Bolebruch argued, "If we're lucky enough to get on the Traffic Commission, we'd be covered. But if I'm a president, vice president, secretary, director or treasurer, I'm not."

Attempting to possibly provide a better explanation, Trustee Bee added, "I think everyone on this board recognizes the important role that POAs play in Garden City ... A POA is a group that organizes volunteers and acts as the civic association of Garden City. We're all proud of the fact that the Community Agreement has worked over the years and has produced a non-partisan process in getting candidates on the ballot."

Trustee Bee further pointed out though that everyone must admit that the willingness of all to cross-endorse each other's candidate is at the heart of that agreement. Although he noted it's a private agreement all can be proud to have abided by, it would be "hard pressed" to enact that into law. "Although we are proud of our roles and your roles in the POAs, at the heart of that pride is the recognition that it exists because of a voluntary agreement ... not an enactment of law."

According to trustee Bee, certain individuals appointed to perform a government function are not only receiving protection through village insurance they are operating under the village's restrictions of law. "They are serving as representatives of the government not the volunteer process by which you get into government," Trustee Bee noted.

"As president of a POA, I received a three-page explanation of the process, dates and deadlines that we had to follow in the aspect of electing our trustees. Therefore we had to abide by the rules and regulations that are established, which are no different from the rules and regulations that you establish for people on committees," Bolebruch argued.

"If any of the POAs decide, prior to the next election, that they do not want to be part of the process, I guess we wouldn't have a government in town," Bolebruch continued. "You are saying, to people who spend so much time volunteering, 'because of a technicality we're deciding not to give you the same protection. We're refusing to acknowledge you in the same way we do everyone else who serves in the same capacity.'"

Trustee Bee explained that the board of trustees enacts the rules and regulations that govern the various boards and commissions while the rules and regulations that govern the POAs could change tomorrow. "It is up to the POAs to set dates and deadlines for the various things that you do. Those are by way of mutual consent. The existence of the joint POA exists by mutual consent - it is not an act of law," he said.

The village is not only prohibited from giving money to political entities it is not permitted to give to any private sector non-profit or for-profit entities that are not performing a government function. "We can't give money to the Boy Scouts or the Chamber of Commerce," trustee Bee added. "We are trustees of public monies and we have a fiduciary responsibility to only spend it on public governmental functions." The village can accept gifts from private organizations, like the Men's Association, but cannot go in the other direction.