Judge Joseph P. Spinola nullified a vote that took place making Republican Legislator Peter Schmitt the presiding officer of the Nassau County Legislature. The judge also ordered that the Nassau County Legislature shall forthwith reconvene, with all 19 legislators present, and remain in session until a presiding officer is elected with a minimum of a 10 vote majority. In his Jan. 31 decision, Spinola stated that "it is undisputed that every presiding officer of the Nassau County Legislature since its inception in 1995 has been elected with 10 or more votes." The legislature is scheduled to reconvene Monday, Feb. 6 at 2 p.m.

On Jan. 25, Republican Peter Schmitt was elected presiding officer with nine votes - his own and the other eight Republicans; and Democrat Kevan Abrahams was elected minority leader with eight votes. Schmitt then appointed Roger Corbin, who received two votes - his own and Lisanne Altmann's, as deputy presiding officer (the same position he currently holds) and Altmann was appointed the alternate deputy presiding officer.

Immediately after the vote, however, Spinola issued a temporary stay barring Schmitt from acting in his new title and keeping current Presiding Officer Judy Jacobs in the top seat as a "hold over." Papers arguing majority versus plurality were filed in State Supreme Court on Jan. 27 and a hearing was scheduled for Jan. 30.

As a result of the decision, Schmitt is not presiding officer, Democrat Kevan Abrahams is not minority leader and Democrat Roger Corbin is not deputy presiding officer at this time and members of the legislature will have to keep re-voting until one legislator receives the 10 vote majority.

In forming his decision, Spinola referenced sections of the county charter as well as Section 41 of the General Construction Law that "requires a majority of the whole number of the members of a public board or similar body to perform and exercise any power, authority or duty ..." Additionally, he stated that Article IV (A) (2) of Nassau County's Rules of Procedure requires that "unless otherwise provided by law, an ordinance, resolution or local law will require the affirmative vote of 10 members to be passed by the county legislature."

Since 2000, Democrats have had a 10-9 majority but a recently approved party change by Jacobs from Democrat to unaffiliated means the legislature is now comprised of nine Democrats, nine Republicans and one blank (9-9-1). On Jan. 3, the day a bipartisan coalition comprised of Corbin, Altmann and the Republican legislators was expected to vote for presiding officer, Jacobs, a registered Democrat for over 50 years, changed her party affiliation to "blank" and blocked the coalition's attempts to oust her and elect Corbin presiding officer.

While members of the alliance argued that the party change was not valid until the first Tuesday after the November 2006 election, Supreme Court Judge Antonio Brandveen ruled otherwise. Fred Brewington, an attorney representing Corbin and Altmann, is planning an appeal of the Jan. 19 court decision, regardless, he said, of the final outcome of the presiding officer election.

Although she was nominated presiding officer on Jan. 25, Jacobs benevolently stepped aside and supported Abrahams. In doing so, Jacobs was hopeful that the Democratic Party - along with Corbin and Altmann - would unite and support Abrahams so that a Democrat could remain majority leader.

"I still remain extremely disappointed that two members of the Democratic Party have made the choice to join with the Republicans in this effort," said Jacobs in an interview last week with Anton Newspapers. "It's pretty obvious that what Republicans tried to have happen ... at the legislature is what they were denied by the voters on Election Day."

While the county's charter dictates that the legislature must hold an organizational meeting by Feb. 1, there is nothing in the charter that states when the vote for presiding officer must take place. Monday's scheduled vote for presiding will provide the legislature with the opportunity to set its 2006 calendar and form its committees, a motion that usually takes place in early January.