While the two police commissioner candidates, incumbent James Duncan and John Maura, Jr., remained relatively calm, collected and gentlemanly during this year's Special District debates held on Dec. 1, some of the audience members had to be repeatedly reminded of the rules governing debates established by the League of Women Voters. (Expressing opinions rather than asking questions when addressing the candidates was the one most commonly violated.) Also several times the meeting had to be called to order.

That aside, each candidate was introduced by the moderator from the League of Women Voters and made his opening statements.

In his opening remarks, Jim Duncan, spoke of his prudent and realistic financial measures over the past three years that brought about the $900,000 in an account dedicated to funding the $2.3 million in contractual retirement payouts. He added that three years ago when he took office, the district was in complete disarray, suffering from the abuse of power, self-serving management decisions, lawsuits, overspending and poor business practices. Now, he says, "breaking with the past, the chief and his staff run the day to day operations of the department. Written policies and procedures have been established to eliminate and prevent discrepancies and streamline operations." He noted that during his tenure, tens of thousands of dollars in waste and inefficiency were uncovered and all avenues to uncover improper charges had been explored. "The district now runs like a business," said Duncan.

To support his claims, Duncan quoted a statement made by the police district's auditor William Abrams: "In less than three years the commissioners have turned a financially strapped municipality into a healthy, stabilized condition. The commissioners sacrificed short-term goals for long-term financial stability."

His background includes being a retired member of the Nassau County Police Department, serving for 23 years; co-owning a Port Washington-based business, Chief Fire & Safety Equipment; serving 37 years as a volunteer fireman, with years as president and captain; and being a highly decorated Viet nam war veteran, with several citations including a Purple Heart Mr. Duncan also earned an associates degree from SUNY-Farmingdale.

He's also proud of his work with the local youngsters, including the soccer club, Elk's Youth Activity Program and participating in four Gambols, serving as the chairman of security for two of those four years.

In his opening remarks, the challenger John Maura, Jr., spoke quite differently about the past three years at the PWPD. Noting that he's "disappointed" in the manner in which the present Board of Commissioners is managing the affairs of the police district, he contends that they are "now-micro-managing the law side of the district, and mismanaging the other side."

Maura said that the reassignment of a detective lieutenant to uniform patrol over the objections of Chief Kilfoil, Captain Ellerby and then Captain Mineo is one example of this micro-managing. He contends that his reassignment was carried out"purely because of Duncan's dislike for the lieutenant (the most highly decorated police officer on the force). Continuing, Maura said that this created one of the many lawsuits brought by officers against the district, and noted that Duncan had not kept his campaign promise to "eliminate" lawsuits. "I will sit down with the officers and civilian members of the police district to work out contract issues to avoid unnecessary litigation costing the taxpayers of our district thousands of dollars in attorney fees and lost lawsuits."

He also pointed to the recent creation of a "deputy chief position which is not needed, nor even a civil service position," as another example of micro-managing with negative effects.

Maura then criticized Duncan for announcing a budget decrease for the year 2000, but failing to include any salary increases in the year 2000 budget. These increases would impact the tax rate for the police district. "The politics of reducing taxes during an election year has to stop. The taxpayers have to come first, not a commissioner's re-election."

He also attacked the present Board of Commissioners for having no plans for the proper expenditure of asset forfeiture dollars for the district.

Mr. Maura's background includes owning a professional landscaping business; being a founding member of the Port Washington Business Improvement District and member of the PW Chamber of Commerce. He earned a BA degree from Tampa University.

The audience seemed to be fairly balanced with an equal number of vocal supporters for each candidate. Broadly stated, the issues debated could be broken into two categories: the micro-managing of the law enforcement component of the PWPD and its finances.

A few audience members asked questions regarding the charge that the PWPD officers are currently suffering with a low morale problem.

Duncan disputes the claim that a morale problem exists. He pointed out that no officers are transferring out of the district, or retiring. Nor have there been any complaints from the PBA about morale problem, according to Duncan.

A speaker asked John Maura where he got his information from regarding the low morale. He replied, "from speaking to some of the officers."

Janet Birk commented that grievances exist when morale is bad. She asked Duncan how many grievances are before the board. He replied that there were four, and one was recently dropped.

On a different topic, Rick Detris asked about the Port Washington PBA's ads and letters to this newspaper, (which criticized Duncan and endorsed Maura). He said, "Did you have to offer them something?"

Maura replied that he had "nothing to do with them."

One contentious issue was raised by Tom Pellegrino. He took objection to a statement made by Duncan in an ad that read that the chief of police supported the streamlining and reassigning of supervisory personnel to improve the day to day operation of the district. Pellegrino charged, "You know darn well that Chief Kilfoil, and Captains Ellerby and Mineo, were against the reassignment of Lieutenant Ron De Meo. Why did you say that?"

Duncan replied that as it's a personnel matter and the subject of pending litigation, he could not discuss it. However, he did produce a document from Police Chief Kilfoil which was a response to a request made by the commissioners asking him what the district could do to reduce the number of officers and supervisory personnel in certain areas. From the document he read that one captain's position will be eliminated along with a lieutenant's position in the detective division. Duncan said he had to "stop there because of the pending litigation." He added that the board doesn't do anything unless it had a recommendation and okay from Chief Kilfoil.

Former Police Commissioner Roy Smitheimer challenged Duncan and his invocation of this document. He claims that what Duncan actually read from was part of a larger plan discussed in early 1998, for the two captains for an early retirement initiative and that both captains had to accept in order for the overall initiative to move forward. He noted that the plan was rejected. He also recalls that Chief Kilfoil strenuously objected to suggestion made by Duncan later that year to move Lieutenant DeMeo from his position. Smitheimer, who was a commissioner in '96, '97 and '98, remarked, "And remember I was there."

Duncan repeated that "one person can't do anything." Duncan then said that Kilfoil indicated that this would be a way of downsizing."

Smitheimer said, "It was never to be taken out of context."

Duncan repeated, "You know it's litigation and I can't comment on it."

Another micro-managing issue was debated. Duncan was asked why the newly created position of deputy chief was not posted, as required by Civil Service. Duncan explained that the position is a designation, and not part of civil service. He further noted that the captains and the chiefs are not part of the collective bargaining agreement.

Explaining further, he said that Randy Mineo was designated deputy chief so there could be a clear-cut chain of command. He then listed Mineo's credentials for the position, which included having a BS and MA in criminal justice, being a graduate of the FBI Academy and being number one on the civil service list for lieutenant and captain (however he was passed over), and being number one on the civil list for chief's position in the state of New York.

In response to charges of micro-managing, Duncan made a few points. He reminded the audience that he's one of three commissioners, pointing out that one commissioner has no power and noting that two commissioners have to agree in public session. He also mentioned a few times that he didn't work in a unilateral manner and that all of the decisions reached by the board this year were unanimous.

He noted too, however, that according to the New York State mandates, the board of commissioners is in total control of the entire district.

Maura countered with the argument that other commissioners can be influenced by one of the commissioners, and that commissioners can be weak, and just go along with the decisions.

Barry Loeb told Maura that he was "totally incorrect" when he stated that there was no fund balance. Loeb said that it's projected for the year 2000 to be $451,000 and for this year too it's projected to be $451,000 (the PWPD's fiscal year ends the last day of December).

Maura replied that the budget handed out in August, did not include a figure for the fund balance.

Duncan countered that his board has added $100,000 per year and have approximately $451,000 in the fund balance. He added, "We have it projected in the budget for next year and mentioned that it wouldn't be listed in the budget until August of next year.

Maura was also criticized for not attending budget workshops, especially if he had issues with how the budget was being developed. He replied that he had health problems during that period.

Mrs. Salerno asked Duncan, "Isn't it true that the department currently has a lieutenant receiving $75/hr. for performing clerical work five hours a week.

Duncan replied, "To my knowledge, no."

Maura was asked to explain his main criticism of the 2000 budget. That, despite the claims that a tax decrease was announced, the expected salary increases, from the new contract currently being negotiated for the PBA, aren't accounted for in the 2000 budget.

Duncan responded that it's inappropriate for the PWPD to essentially show its hand in terms of how much of an increase they're willing to go for. He claims that some money for the increases is in the budget, though it's not a line item.

On a lighter note, Joan Kent asked each of the candidates what he would do if $5 million miraculously appeared in the PWPD's coffers. Duncan said that instead of spending it on something trivial, he would apply it as a tax rebate for the town. Maura agreed with his opponent, but noted that he would wisely invest a portion of it.

Owen Costello questioned how Maura could say he would be "sensitive to all members of the community," and yet run a "heavy equipment business in an area zoned for light industry."

On a positive note, when Bob Tarleton asked what each candidate thought the advantages of having a private police force were, he received these responses:

Mr. Maura spoke of the rapid response time of the PWPD, noting that his father was brought back to life as a result of their quick response.

Mr. Duncan spoke of the high professionalism of the PWPD. He also pointed out that as a local police force, they're familiar with townspeople and can spot strangers more easily.