By ANTHONY BOTTAN
The vacancies were created when three members of the board resigned because their appointments by Curran violated the village-s ethics code.
Michael Pavone, William McKeon and Vivian Crowley are the newest members of the board and, according to Curran, will begin fulfilling their obligations to the village as soon as possible. They are just longtime residents who will do a good job, Curran said. And that-s all we want.
Pavone, who has lived in Lynbrook since 1994, served as Ethics Board chairman from 2002 to 2007. He was appointed to the board by former Mayor Eugene Scarpato. McKeon, a village resident for more than four decades, is a former sergeant in the U.S. Marine Corps. Crowley has lived in Lynbrook as long as McKeon, and has served on the village-s Architectural Review Board. She is married to former Lynbrook Fire Chief John Crowley.
The appointments followed the recent resignations of three Ethics Board members after it was discovered that they had held positions in political parties within two years of their appointments, a violation of the village-s ethics code.
Village Board trustees Richard Clifford and David Penso voted against the mayor-s appointments, and questioned whether Deputy Mayor Bill Hendrick should be allowed to vote on them. In 2006, Hendrick was accused of counseling the owner of a tow truck company on how to keep its contract with the village. Last month, a complaint was filed by Lynbrook resident Mike Scimeca, asking that Hendrick-s case be examined by the Ethics Board. Penso said he did not think the village board should appoint replacements to the board until the questions about Hendrick-s alleged improprieties are resolved.
Village attorney Peter Ledwith said there is no conflict of interest for Hendrick, and that, as a legislator, Hendrick has an obligation to perform legislative acts when called upon. On the face of it, it sounds strange, Ledwith said. But he is transcending his own exposure to the case, and unless he has an economic benefit, he has no need to recuse himself.
In deciding whether Hendrick should be allowed to vote on the appointments, Curran sought legal counsel from Deputy Village Attorney Jack Libert. In a letter to the mayor, Libert wrote that he found no legal reason why Hendrick should not be allowed to vote on Curran-s appointments. He noted that if there was no financial gain by Hendrick, village law cannot prohibit him from voting.
Penso and Clifford questioned how Hendrick could vote on replacements to the board when the first case it will look into concerns Hendrick. Certainly, the vote should be nullified, Clifford said. Hendrick voting on himself is way out of bounds.
According to the village-s ethics code, the Board of Ethics could impose a fine of up to $1,500 on Hendrick if it finds that he acted unethically.
Village code states that Curran must ensure full voting strengths and appoint new Ethics Board members as soon as practicable, but not more than 45 days after the removal of a member. That is why, Curran explained, he went ahead with the appointments. ... I will not fail on my obligation to the village, he said.
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