It is with a heavy heart that I make this report to the residents of Mineola.

In 1985, the then Mayor Ann Galante, with the support of her trustees, Robert W. Hinck, Sr., Al Ratto and Scott Fairgrieve, made an historic appointment. She named John Spellman as village attorney. Mayor Galante proudly declared that the position of village attorney would be non-political and free from patronage and that the advice which Mr. Spellman would give to the village would be independent, professional and trustworthy. In order to cover the needs of the village with respect to litigation, labor relations, governmental audits, municipal contracts, public works projects and the like, Mayor Galante also appointed John Spellman's law firm as special counsel to the village. She certainly did the right thing for Mineola in those appointments.

John Spellman and his law firm have continued to serve Mineola with dedication, professionalism and fine results since that time. He and his firm subsequently served with distinction under Mayor Robert W. Hinck and Mayor John P. Colbert and continue to perform excellent service in my administration. The quality of Mr. Spellman's work and that of his firm has never been questioned.

Last year, Trustees Louis Santosus and Linda Fairgrieve proposed that Mr. Spellman not be reappointed as village attorney, claiming that legal costs were too expensive and that the village would be better served with an in-house attorney at a salary of $125,000. They also voted to cut the then $35,000 annual salary of Mr. Spellman by $5,000. Fortunately for the village, their proposals were defeated.

As a result of those proposals, I appointed a five-member Legal Task Force, chaired by Associate Justice Richard O'Callaghan, to investigate and report whether the village should convert to an in-house attorney system and whether the village's legal needs are being serviced appropriately and economically by Mr. Spellman's law firm. After some 15 meetings and after "a comprehensive investigation and meticulous examination of available documentation, statistics and information both verbal and written," the Legal Task Force recommended against hiring an "in-house" counsel and gave its full support to John Spellman and to his law firm. In fact, the task force found that the village taxpayer was saving money by virtue of the economy of service provided by the Spellman firm. Put simply, the firm, at the rates it charges the village, is a bargain.

As a result of this year's election, Trustees Santosus and Fairgrieve have been joined by Trustee Paul Cusato to form a Legislative Majority on the five-member Board of Trustees. When John Spellman's name was once again placed in nomination as village attorney, Trustees Santosus, Fairgrieve and Cusato delayed the appointment. Finally, however, his appointment was confirmed. But the trustees representing the Legislative Majority further delayed appointing Mr. Spellman's law firm as Special counsel to the village and also delayed appointing the village's Prosecutors, Zoning Board Counsel, Planning Board Counsel and Library Board Counsel.

On Monday, May 10, Trustee Louis Santosus contacted Mr. Spellman and asked that he take a call from Gerard Terry, Esq. and listen to his proposal. When Mr. Terry called, he indicated that he was speaking on behalf of the Legislative Majority of Trustees Santosus, Fairgrieve and Cusato and stated that these trustees wanted to share some of the village's legal work with their friends. He said that Mr. Spellman, as village attorney, would remain the "alpha attorney," but that "less than half" of the outside work (including special grant projects and zoning enforcement and litigation) would have to go to other firms to be designated by Mr. Santosus, Mrs. Fairgrieve, and Mr. Cusato. When Mr. Spellman requested the identities of the firms, Mr. Terry stated that he could not say who they were because he did not have his notes with him. It was stated that if Mr. Spellman did not make the proposed deal, the Legislative Majority would never approve his payment vouchers for legal services and that he would then end up working for nothing.

Mr. Spellman asked Mr. Terry how the demands of the Legislative Majority would be processed since he, Mr. Spellman, would not do anything behind the Mayor's back. Mr. Terry suggested that Mr. Spellman speak with me and then report back to him whether the proposed deal was acceptable. Despite the fact that the Village Board held a work session meeting on Wednesday, none of the three trustees broached the subject themselves. They did, however, in keeping with their scheme, once again refuse to pay Mr. Spellman's firm's pending legal bill.

Mr. Spellman has advised me of the back room deal and demand made by Trustee Louis Santosus, Trustee Linda Fairgrieve and Trustee Paul Cusato through their attorney, Mr. Terry. I would like to now give my response.

In the noble tradition of my immediate predecesssors, I would like to state clearly and without any hesitation that there is no place for political patronage in Mineola. Furthermore, with respect to the office of village attorney and the position of special counsel to the village, there will be no compromise in the high standards of professional service which the village receives, nor will I be threatened into making a "deal" with the Legislative Majority lest they refuse to pay Mr. Spellman's law firm for its services. While Mr. Spellman is certainly himself capable of protecting his own rights with respect to what he does for Mineola, I will give him my full support in assisting him and his firm in securing well-deserved payment for services.

This whole episode is all the more disappointing in that the Legislative Majority has wasted no time in reverting to their old habits of back room deals. During the past year, aside from the issue of fees which was capably addressed by Associate Justice Richard O'Callaghan and the Legal Task Force, none of the trustees have ever voiced any question or concern regarding the level of professionalism or competence of our legal team. Since the firm is doing an admirable job representing the village in its affairs, the only reason to impose other firms is a need by Mr. Santosus, Mrs. Fairgrieve, and Mr. Cusato to dole out patronage at village taxpayer expense. This is clearly unacceptable.

At the very least, in keeping with my policy of open government, the matter will be discussed at an open meeting where we will have the opportunity to evaluate the qualifications of those proposed and the motives of those proposing.

It is my sincere hope that you will join with me in telling Trustee Santosus, Trustee Fairgrieve and Trustee Cusato that we will not tolerate the overtly unconscionable demand that they be allowed to carve up Mineola's legal work in order to give it to their friends. I would hope also that you would join with me in affirming once again the findings of the Legal Task Force that it is in the best interests of the village and the village taxpayer that we keep the current firm.

The next meeting of the village's board of trustees is at 6:30 p.m. on Wednesday, May 19, 2004 (public session at 7:30 p.m.) at the Village Hall. You are most welcomed to attend, since I would appreciate your opinion on this matter.

Jack M. Martins

Village of Mineola Mayor