The Port Washington Water Pollution Control District escalated its internal feud Tuesday, Sept. 9, voting to seek the removal of one of its own commissioners while rewriting its decades-old contract with the Police Athletic League that runs youth sports at district-owned Sunset Park.
Commissioners Arduino “Eddy” Marinelli and Melanie Cassens authorized the district’s special counsel to file a petition under state Public Officers Law seeking the removal of Commissioner Brandon Kurz.
Kurz, who abstained, has been at the center of conflict for months over his dual role as an elected official and longtime leader of the Port Washington Police Athletic League.
In July, Kurz started a petition online that urged the district to “Stop the Sale of Sunset Park, ” despite claims by Town of North Hempstead that there is no active sale of the park.
The board’s resolution accused Kurz of a wide array of ethical violations, beginning with his decision earlier this year to enter into what is called the “Kurz Agreement,” granting him exclusive rights to operate youth programs at Sunset Park.
According to the resolution, the deal gave Kurz a prohibited financial interest in PAL’s license to use district property, in direct violation of the district’s ethics code and his oath of office.
The board alleged that Kurz’s compensated work for PAL was “incompatible with his duties as commissioner,” that he sought to influence district policy despite his personal stake in the nonprofit, and that he tried to “undermine public confidence” by falsely claiming youth programs at Sunset Park would be discontinued.
The resolution also alleged that the Kurz Agreement discriminated against two local families by excluding them from PAL athletic programs.
Kurz did not respond to a query for comment.
On July 29, the board ordered Kurz to revoke his contract, turn over any revenue he received through PAL — including income funneled through his limited liability company, Sports Washington — and recuse himself from all future district discussions about Sunset Park or PAL. In the alternative, he was told to resign.
But, according to the board, Kurz instead entered into a new arrangement with PAL on July 24, known as the “Amended Kurz Agreement.”
That deal, commissioners argued, failed to restrict his ability to draw personal benefits by paying expenses through PAL revenue. The board said Kurz has never provided proof that he gave back his earnings or fully accounted for PAL finances.
The resolution further cited a Sept. 3 order by Nassau County Supreme Court Justice Eileen C. Daly-Sapraicone temporarily barring any district commissioner from holding a financial stake in property licensed by the district.
Despite that order, Marinelli and Cassens said, Kurz continued to insert himself into board debates, use social media to rally opposition, and behave in a “combative, disruptive and intimidating” manner at public meetings.
“Commissioner Kurz lacks remorse, remains combative and, by his ongoing words and conduct, has demonstrated that he will not refrain from continuing to participate,” the resolution stated.
“You guys are a joke. You guys should not be in office, you should never have been in office. It’s been corrupt since you both started here,” Kurz said in the meeting addressing Marinelli and Cassens.
The measure authorized special counsel Steven Leventhal, Mullaney & Blinkoff, LLP, to pursue his removal in state appellate court.
Alongside the removal effort, the board voted to void Police Athletic League’s 1980 license agreement and replace it with a new contract that maintains the nonprofit’s access to Sunset Park but layers on extensive accountability requirements.
The updated agreement obligates the Police Athletic League to adopt an anti-discrimination policy, implement a code of ethics, expand its board from three to five members, provide quarterly financial reports, allow the district to audit its books, and carry significantly more insurance coverage. The agreement is a draft and awaits the Police Athletic League’s approval before commencing.
“Our goal is to keep PAL right here in Port Washington,” Marinelli and Cassens said in a joint statement. “This agreement ensures that children will continue to enjoy these fields, while providing safeguards and transparency for the future.”
The board also passed a third resolution guaranteeing that Sunset Park will not be transferred to the Town of North Hempstead for at least five years.
The move came in response to Kurz’s repeated claims that a transfer was imminent, a charge both the district and the town deny.
