State Supreme Court Justice Gary Carlton ruled that Town of Hempstead officials were not in contempt of court when they missed an early October lawsuit hearing. Because they were subpoenaed, their absence was grounds for a motion of contempt, but the judge’s decision rejected that motion.
Carlton wrote that the defendants were not in contempt because they had acted on “good faith reliance on their legal counsel, which is a basis to deny civil contempt.” Defendants claimed their legal counsel had not informed them of the subpoenas, which required them to produce documents and appear in person at the hearing.
The justice said the “conduct the defendants attribute to their counsel is disturbing to this court.”
“The court affirmed what everybody always knew, that Town officials were not in contempt of court,” said Brian Devine, Town of Hempstead director of communications.
Town Supervisor John Ferretti, Town Clerk Kate Murray, and Councilmembers Thomas Muscarella and Laura Ryder did not attend the October hearing on the Open Meetings Law suit despite receiving subpoenas.
The town officials, represented by Town Attorney John Maccarone and outside counsel Steven Losquadro, were found by Carlton to have violated the law by failing to notify the public in advance of their Aug. 5 appointment of John Ferretti to Town supervisor.
The original lawsuit was filed by Joe Scianablo, who was running against John Ferretti for Town supervisor at the time of Ferretti’s appointment this summer. Scianablo contended that by appointing Ferretti in the same meeting as the sudden resignation of Don Clavin, the previous Town supervisor, the town board violated the Open Meetings Law.
The law requires a 24-hour notice to the public for all planned political appointments. Carlton’s ruling that the town had broken the Open Meetings Law did not result in Ferretti’s removal from office.
Town Supervisor Ferretti was present at the courthouse the day of the proceedings, but was too late to appear in the hearing. Hempstead Director of Communications Brian Devine blamed the error on a scheduling issue.
The court also ruled in another decision that the town owes Scianablo over $35,000 for legal fees, according to Newsday. Hempstead Director of Communications Brian Devine said, “Joe Scianablo should pay for his failed political ploy with his own political campaign funds and not saddle Town of Hempstead taxpayers with the cost of his failed campaign.”
Joe Scianablo, John Maccarone, and Steven Losquadro did not reply to the Long Island Press request for comment.
