By Amy Edel
The constant back and forth about the election results in the Town of Hempstead results has finally ceased with the official results released by the Nassau County Board of Elections. While it was accepted on Election night that incumbents Republicans Robert Barra and Gary Hudes had lost their seats to challengers, Democrats Norman Scott Banks and Dorothy Goosby, the results of the race between incumbent Republican Linda Reed and challenger Democrat Rita Kestenbaum were contested until the very last minute. Initially it was reported that Kestenbaum won, but by the morning after the election it was reported that Reed was among the top vote receivers, receiving 318 more votes than Democrat Kestenbaum. After debating whether or not there was a key punch error with conflicting reports emerging from the Board of Elections, the absentee ballots and affidavits were counted and the numbers rechecked and Kestenbaum did receive more votes than Reed.
According to the official numbers finally released by the Nassau County Board of Elections, Banks, Goosby and Kestenbaum have been declared the official winners for the town board. Banks received 58,205 votes, Goosby received 58,202, Kestenbaum received 58,046, Reed received 56,681, Hudes received 56,328, Barra received 55,781, and Liberal candidates Evans received 863 and Miller received 687 votes.
Norman Scott Banks, who prefers to be called Scott Banks, is a resident of West Hempstead who practices law in Garden City. Goosby, a resident of Hempstead, is a New York State Certified and Registered Dietitian and a published author who recently completed requirements to become a chemistry teacher. She is also the lead plaintiff in a lawsuit against the Town of Hempstead that claims the at-large election system in the town fails to represent all of the constituents equally. Kestenbaum is a housewife from South Bellmore.
The three council members elect attended the last Town of Hempstead Board Meeting on Dec. 7 in the Pavilion behind Town Hall to watch and observe the proceedings. They were given an opportunity, as are all residents of the Town of Hempstead, to watch the public hearings, requests for building permits, and basic operations of the Town. They were also there, as they themselves are on the verge of joining the Board, to see discussions about the proposed creation of a new position.
Supervisor Richard Guardino, who was returned to his position on the Board by the voters this election, explained to residents questioning item 55 on the agenda that the Board is proposing to create the position of deputy supervisor and has passed a resolution to have a public hearing on the matter. This position would be created through an amendment to local laws and the creation of local laws pursuant to Article 9 of the New York State Constitution, the Town Laws and the Municipal House Rule Law. Guardino noted that the new deputy, if the proposed laws and amendments pass the Board vote, would be the Town's Chief of Staff Ray Mineo.
Guardino emphasized that the position does not give the deputy a vote on the Board, and in no way functions as the equivalent of a council position, other than to allow the deputy to execute documents should the supervisor be unable to sign them. Guardino stated, "It is only a position to allow for someone not on the Board to execute resolutions passed by the Board should for some reason I become incapacitated or be absent. The deputy would have no vote and would only complete certain ministerial duties." He emphasized, "This is at no expense to the taxpayers, as the deputy would not be paid anything beyond what Mineo himself is paid as chief of staff. It really has nothing to do with voting or decision-making. North Hempstead and Oyster Bay both have deputy supervisors."
Residents like Vicki DeJong and Council member-elect Dorothy Goosby's husband repeated questions to the Board asking about the significance of the timing of the creation of the position and the ramifications it could have in the future, seemingly looking for reassurances from the Board that this was not a means of continuing what some consider the Town's legacy of appointment. While Guardino and other board members commented, "This has nothing to do with succession" some residents seemed unsatisfied with the response. Goosby continued to emphasize the fact that in the past officials would be given appointments elsewhere, leaving their seats vacant to be filled by appointment, allowing the new member of the board to run as an incumbent during special elections held later in the fall, giving them an apparent advantage at the polls.
Goosby argued that when former supervisor Peterson left for the OTB midterm, Guardino was himself appointed to the supervisor position and was then able to run for the first time in a special election months later as an incumbent. Goosby suggested that this new position seems like a way to further track people into appointments by creating a deputy position from which it might appear to be a natural progression to appointment as supervisor. The Board members argued that any citizen of the Town of Hempstead can be appointed to fill a term when vacated and that the creation of this position in no way serves to create a stepping-stone from staff to the supervisor's seat. Guardino said, "He can not just succeed me. Any person in the Town of Hempstead can be appointed by a vote of the Board to fill a remaining portion of a council member's term." The laws allowing appointment to fill vacated positions midterm until a special election is held are in accord with state law.
Guardino did keep a sense of humor throughout the discussions. With residents questioning how things would work with a deputy in the event of Guardino's departure for "something better," Guardino laughed and responded, "It doesn't get any better than this!" After much discussion about some tragedy or problem preventing him from fulfilling his duties he joked, "After all of this talk this morning, I'll be very careful what I do on New Year's Eve this year! That's it; I'm staying home. If you need me I'm in the book and you can just call me at home."
Guardino also noted that the position was recommended by the Town Attorney's Office. Council members also noted that this would prevent the operations of the Town from grinding to a halt should the supervisor be absent. Many asked why this could not be done after the new council members were sworn-in, but the council members argued the sooner it was enacted the better for the Town. The public hearing will take place at the next meeting, scheduled for Dec. 21.
Guardino also fielded questions about the Town's bond rating from Theresa Butler who ran unsuccessfully as a Democrat for the County Legislature from Levittown. Guardino noted that while Finch's and Moody's rating were concerned with the county's poor bond rating, they were able to distinguish between the two governments and gave favorable marks to the Town of Hempstead. The Town received a Double A-3 rating from Moody's and the equivalent in Finch's system. The Town ranked five ratings above the county and was the highest of any town on Long Island, with the exception of the Town of Huntington, which is now at an equivalent rating, according to Guardino.
The swearing-in ceremony for Banks, Goosby and Kestenbaum will take place on Jan. 4 at 10:30 a.m. in the Pavilion behind Town Hall. All residents are welcome to attend.