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Wednesday, February 22, 2012
Amsterdam, NY ,
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Editorial: Corp. counsel: Time for change

If Amsterdam Mayor Ann Thane was sincerely interested in having a good working relationship with the Common Council, she'd spend less time on Facebook defending Corporation Counsel Gerard DeCusatis and more time looking for a new city attorney.

On Tuesday, lawmakers voted 3-2 against reappointing DeCusatis to the position. That doesn't surprise us. The council's poor relationship with the attorney has been well-documented during the past four years, and his asking for a 25 percent pay increase likely contributed to the three aldermen essentially saying they've had enough of him. The three aldermen who voted against him, Joseph Isabel, Gina DeRossi and Richard Leggiero, were all re-elected to office, they've worked with DeCusatis before, and are all Republicans. The two who voted against him, Valerie Beekman and David Dybas, are new to the council and are Democrats, the same party as the mayor.

The city charter specifically states that the corporation counsel is a mayoral appointment subject to approval by the Common Council. The charter doesn't say what happens if the council votes against the appointment.

However, the mayor and DeCusatis found a provision in the state's public officers law that allows the attorney to stay on until a replacement is found. How convenient that this wasn't brought to light until after Tuesday's vote.

It also means the mayor doesn't have to find someone else to do the job. Thane can continue to try and reappoint DeCusatis every month, and if the council continues to vote it down, the vacancy remains, and DeCusatis can continue working. The mayor indicated Tuesday night that she will continue to do this.

It may be legal, but that doesn't make it right.

Strong-arming the council into voting for her guy is not the way to build a good relationship with the legislative branch of city government. In fact, it widens the gap even further. Thane needs to remember that she was re-elected in a three-way race with 46 percent of the vote, meaning 54 percent of Amsterdam residents -- a majority -- who went to the polls voted for the other guys. She enters her second term with little to no political capital to spend, so Thane needs to work extra hard to build a consensus with the council if she hopes to be an effective leader this time around.

During her re-election campaign, and well before that, Thane regularly talked about the need for cohesion and better communication between her office and the city legislature. We agree. In these tough times, the last thing Amsterdam needs is a divided city government. That only makes it worse.

But building a good, healthy relationship doesn't mean "do everything I want." It requires a give and take on both sides.

Thane should do the right thing and find someone else for the corporation counsel's post. The person in that position has to be effective in representing the city as a whole, and is not supposed to be the mayor's personal attorney. DeCusatis cannot be an effective city attorney when most of the council is against him.

There will be plenty of opportunities down the road for Thane to dig her heels in and stand her ground. This is not one of those times.

     

Comments made about this article - 2 Total

Posted By: John B. On: 1/5/2012

Title: No work, No pay

The Town Council needs to contract ALL legal work to outside attorneys. First, they will be able to determine the actual need for a town attorney. Second, they will be able to get around the Mayor's childish roadblock. After all, how long can she hold her breath to get what she wants ?

Posted By: diane On: 1/5/2012

Title:

Excellent Editorial. Last term it was the mayor doing the name calling and such, ie: at the bottom of the river. She should step up to the plate and work with the council to find a suitable solution to all, showing that she is willing to work with the council. After 4 years she should be able to handle things without GD holding her hand and acting more like a personal attorney for herself.

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