By KIMBERLY ACEVEDO
The Appellate Court also dismissed claims of Racketeer Influenced and Corrupt Organizations (RICO) charges against the city and defendants in connection with the illegal jobs charges.
In July 1999, the city created two positions -- director of operations and special projects manager -- and the following year the city created the position of executive assistant to the director of operations.
Eugene Cammarato was named director of operations, Robert Piazza was named special projects manager and Michelle Meiselman was named executive assistant to the director of operations.
Soon after creating the positions, the city came under fire from longtime Long Beach activists.
In November 2000, Carl Charleson, Denise Ford, Mona Goodman, Jane Novorro and Lori Klein filed a lawsuit to declare the three positions illegal and have them vacated. According to the lawsuit, the plaintiffs considered the positions "a waste of taxpayer funds."
The plaintiffs sought restitution from the employees for the salaries they were paid. If the employees didn't pay back the money, officials said, the suit demanded that the city council do so.
"The ruling of the Appellate Division is that the resident taxpayers need to prove our case at trial," Goodman said. "If there were no validity to the case, the case would have been thrown out. By virtue of how far this case has moved, it is clear the court finds it to have sufficient validity."
Nassau County Supreme Court Judge Ira Warshawsky determined last year -- without a hearing -- that the three positions were illegal, said Special Counsel to the city A. Thomas Levin of Meyer, Suozzi, English & Klein, P.C. of Mineola. Warshawsky ruled that the city could not fill the positions and could no longer pay the employees who held those positions.
The city immediately appealed the decision and the State Supreme Court ruled in its favor, stating that a hearing must be held.
"We are waiting to be served the amended complaint and when they do, we will answer it and move to dismiss it," said Levin.
A court conference will be held Nov. 14 at Nassau County Supreme Court to determine the schedule for the hearings, Levin said. At the request of Levin, a new judge, Geoffrey O'Connell, was assigned to the case.
Two of the three controversial positions were eliminated last year. Steven Polcer was named the new director of operations in July. Piazza still works for the city in another capacity, and Cammarato works for Nassau Downs OTB (Off-Track Betting).
Cammarato said he was pleased with the dismissals. "I always felt it was a legal position," he said. "It was established by the city. I've left the city but I'm still happy about the decision."
At this point, the city has no plans to restore two of the positions, executive assistant to the director of operations and special projects manager, a city official said.
"These positions were created in order to help maintain Long Beach's outstanding reputation as an ideal residential community, commercial location and tourist destination," City Council President Joel Crystal said. "We hope to have this matter behind us quickly so we can move forward with our plans to ensure a bright future for Long Beach."
But the plaintiffs believe this isn't the end of the case.
"We are very confident that we will have a jury trial and will prevail," Goodman said. "It's not only a matter of the positions being legal. It was a matter that the positions were created illegally and created on a budget hearing line, which is not the way important positions are properly created."
