Quantcast

Council of Chambers accused of breaking bylaws in lawsuit; organization responds

Cheryl Fajardo is one of the petitioners who filed a lawsuit seeking to remove the president and treasurer of Nassau Council of Chambers of Commerce.
Cheryl Fajardo is one of the petitioners who filed a lawsuit seeking to remove the president and treasurer of Nassau Council of Chambers of Commerce.
Ed Stone

Three leaders of the Nassau Council of Chambers of Commerce have filed a lawsuit seeking to remove the group’s president and treasurer, accusing them of financial mismanagement, rule violations, and retaliation — claims the chamber disputes.

The NCCC serves as an umbrella organization for approximately 40 local chambers of commerce across Nassau County, promoting small businesses and overseeing county-funded grant programs.

The petition was filed July 17 in Nassau County Supreme Court by former NCCC Secretary Julie Marchesella, former legislative liaison Francesca Carlow and board member Cheryl Fajardo.

“It’s all about transparency and following the bylaws, and we have not had that in the last two years of leadership,” Marchesella said. 

The petition alleges that the respondents have failed to properly manage grant funds received from the county. 

“Respondents have failed to properly account for, document, and manage grant funds received from Nassau County that were intended for use by local chambers of commerce,” the petition says. 

The petition also alleges that some expenses were excessive and not approved by the board, and that the NCCC leadership failed to maintain adequate records, hold proper votes for leadership or follow required procedures for changing bylaws. 

The filing further claims that Marchesella and Carlow were unlawfully removed from the board and their officer positions in violation of the council’s bylaws, alleging the action was taken in retaliation for raising concerns. The petitioners contend they are entitled to whistleblower protections after reporting what they describe as suspected misconduct or irregularities.

The petition asks the court to reinstate them to their board positions, order an independent review of how the grant money was used and overturn any bylaw changes or board decisions they claim were made improperly. It also asks the court to remove the group’s president, Franklin Camarano Jr., and treasurer, Gary Slavin, from their positions.

In a 26-page verified answer filed Sept. 22, the respondents – including Camarano, Slavin and other board members – deny nearly all of the petitioners’ allegations and outline multiple defenses. 

The respondents assert that all Nassau County grant funds “have been properly handled and approved by county officials.”

The response also says that “Marchesella and Carlow were properly removed for cause based upon substantial evidence of wrongdoing,” and describes the petition’s allegations as “only conclusory statements with no factual or evidentiary support.”

The respondents argue that the whistleblower statute cited by the petitioners does not apply, writing that “NCCC does not have 20 or more employees and does not have annual revenue in excess of one million dollars.”

“Our response pretty much speaks for itself,” said Harry Demiris Jr., attorney for respondents. “And, you know, we don’t feel there’s any merit whatsoever to the Article 78 petition.”  An Article 78 proceeding is a lawsuit that challenges action or inaction

Demiris said he is “not comfortable rendering an opinion one way or another” regarding “what a judge should do or think” because the action is still pending. 

“Now it’s really up to the court,” he said. 

According to the Nassau Council of Chambers website, Camarano and Slavin remain in their respective positions. 

The case remains pending before Nassau County Supreme Court.