Deerpark Ethics Questions Again: Police Commission Member Replaced By Town Board Member's Brother for Dubious Reasons
As Town Board Member Alan Schock's brother was appointed to the Police Commission, Schock's business's concrete bid was accepted. Councilmember Christa Hoovler expressed ethical concerns.
By David Ofshinsky
The agenda appeared to be routine for the Town of Deerpark’s November 18 Town Board meeting, but two actions by the Town Board stirred controversy.
Under New Business, the item, “Discuss and Appoint new Police Commission Member to Fill Vacancy,” was taken up by the Board. The Board voted to fill the vacancy with Luke Schock, brother of Councilmember Alan Schock. Councilmember Schock abstained from the vote.
Though it was not brought up during the discussion of the item, the vacancy was for the position of Burt Thelander, who was appointed to the Police Commission as one of its five members in March.
In speaking with Thelander, he said he received a November 7 letter from Town Attorney Glen Plotsky, Esq. informing him that as he had not signed a NYS Public Officer Oath of Office form, his appointment is being vacated. When Thelander questioned Plotsky, the response was that his position is vacant by the operation of New York State Law.
Thelander continued that he reviewed the Town law on the Commission and did not see a requirement for an Oath of Office form. He did note that the law does require fingerprinting and background checks, which he is not aware have been done for Commission members. He has attended two meetings since his appointment in March and has no recollection of being requested or reminded to sign the form. He is seeking further information from both Plotsky and Town Supervisor Gary Spears about this.
Also under New Business was “Approve Concrete Bids for new Highway Pole Building.”
Highway Superintendent Ray Cirulli had issued a bid request for the materials and labor for the installation of the concrete floor for the new pole barn. The labor bids were determined to be too high, so it was decided to only act on the concrete bids.
Four bids were received and were read off by Town Supervisor Gary Spears: Henry Devries, $24,000, Dicks Concrete, $21,063, Sullivan Structures, $19,029 and Peenpack Sand & Gravel, $18,921. During the review, Councilmember Schock disputed the qualifications of one of the bidders, but Spears responded that the bid was valid. Spears then called for a motion to approve Peenpack as the lowest bidder, and noted that as Peenpack is owned by Schock, Shock would need to recuse himself.
Councilmember Christa Hoovler began the discussion of the motion by expressing her concerns about awarding a contract to a Town Board member. Town Attorney Glen Plotsky, Esq. noted that the Town had the required number of bids, and Schock would not be voting on the matter, so he didn’t think there was anything illegal about awarding the contract to Schock’s firm.
Schock then began to challenge Hoovler, contending that as the only town resident and taxpayer among the bidders, he was entitled to the award. Plotsky interrupted Schock, advising him that he needed to recuse himself from both voting and deliberating on the matter.
Hoovler then continued, saying that when an elected official or employee of a town does business with that town, things begin to look murky. The town’s citizens can get the impression that the person may have access to information that can be used for their personal benefit.
As the Board did not comment, Spears called for a vote. The motion passed, with Schock abstaining, Hoovler voting no, and Trovei, Whitney and Spears voting yes.
Deerpark resident Sherri Hummel reached said that she is in the process of filing a complaint with the Orange County Board of Ethics over the award process
“I strongly object to the quick decision to not even consider if this was ethical by the Deerpark Town Board,” she said. “If Councilman Schock had knowledge of the other bids, I am not so sure that it is ethical.”
This story will be updated as more information becomes available. David Ofshinsky
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