Town of Hempstead Supervisor John Ferretti must testify at an Oct. 8 hearing regarding the state’s Open Meetings Law in a suit brought against him and the town board by his Democratic opponent for the seat, a judge ruled last week.
State Supreme Court Judge Gary M. Carlton ruled on Sept. 24 that Ferretti, Town Clerk Kate Murray and Council Members Laura Ryder and Thomas Muscarella were required to comply with the request to testify and that the town must produce a list of subpoenaed documents, both things the town had previously argued it should not have to do.
That list includes the sign orders for Ferretti’s name to be printed on town National Night Out signage and the Aug. 5 resolution for Ferretti’s nomination, with its metadata showing the time, date and author of the documents.
Joseph Scianablo, the Democratic candidate opposing Ferretti for town supervisor in November, sued Ferretti, the town board and former Supervisor Don Clavin last month over Ferretti’s Aug. 5 appointment to the supervisor seat less than an hour after Clavin resigned without public notice.
The suit alleges former county Legislator Ferretti’s appointment had been planned for days or weeks prior to Aug. 5 and therefore violated the state’s Open Meetings Law, which requires at least 24 hours of public notice regarding pre-planned political appointments.
The Town of Hempstead declined a request for comment from Schneps Media LI on Monday, stating it does not comment on pending litigation.
Communications Director Brian Devine told Newsday last week that Scianablo “had not produced any credible evidence to support his frivolous lawsuit,” which he referred to as “a shameless political ploy.”
While Scianablo’s suit seeks to nullify Ferretti’s Aug. 5 appointment, it would not have any bearing on Ferretti’s re-appointment, which occurred on Sept. 16 and was publicly noticed beforehand.
Scianablo’s attorney, Josh Kelner, said if the judge rules in his client’s favor, the town would be required to repay taxpayers the money spent by Ferretti during the six weeks he was supervisor prior to the Sept. 16 revote.
The suit also seeks to require elected town officials to undergo training on the state’s Open Meetings Law, which the town has stated officials have already completed remotely and plan to attend additional in-person sessions with the state’s Committee on Open Government.
Carlton ruled that the town did not have to produce text messages, emails or calendars regarding Ferretti’s appointment that Kelner had requested.
Kelner has an outstanding request for Ferretti’s resignation letter from the county Legislature and one additional document from the Aug. 5 meeting. Carlton is expected to decide on Oct. 6 whether the town must comply with that subpoena request.
At the Sept. 24 hearing, Carlton cited the decision in a 1995 case, Gordon v. Village of Monticello, in which the court ruled that a political appointment in the village should be nullified because it violated the state’s Open Meetings Law.
The Oct. 8 hearing, where Ferretti will testify, will take place at the Nassau County Supreme Court in Mineola at 9 a.m.
