By Andrew Coen
Levinson was granted an injunction in Nassau County Supreme Court just before the election was to take place, but attorneys for the sanitation district were successful in convincing a state appellate judge to overturn the decision just moments before polls were scheduled to open. State Supreme Court Appellate Judge Thomas Adams overruled the injunction that had been issued by Nassau Supreme Court Judge William Lamarca in an emergency session from his Rockville Centre home, and the election proceeded as scheduled.
Candidates Jack Rose and James J. Vilardi both won uncontested races for commissioner, with a total of 503 votes cast, according to sanitation officials. Rose, previously a chairman of the five-member board, won a third five-year term. Vilardi will complete the unexpired term of Chester Cafasso, who resigned earlier for health reasons.
The district covers more than 30,000 homes in the Five Towns and small portions of Valley Stream and Lynbrook.
In addition to citing objections to holding the contest at a time that prevented observant Jewish residents from participating, Levinson noted that many other families were out of town last weekend, and that the election was not publicized enough.
Levinson said in a phone interview after the judge's decision to overrule the injunction that there would have been no harm in postponing the election, since there were no contested races. "It's like an election in a foreign country, where nobody is running, so what's the harm in postponing it?" Levinson said.
"Nobody knows if there is an election," said Hewlett resident Judith Wolf, who always votes in school, state and federal races but had not heard about the sanitation election until the issue was raised by Levinson. "Everybody I talk to has never heard of it," she said.
Sanitation officials published two legal notices in the June 2 and June 9 issues of the Nassau Herald, and announced the election in the Lawrence, Cedarhurst, Inwood, Woodmere and Hewlett post offices, which, according to Nathaniel Swergold, District 1's longtime attorney, was sufficient. However, according to Stephen Wagner, one of Levinson's attorneys, since the first legal notice came 36 days prior to the July 8 election, it violated the state law that the first notice appear in local papers 30 days before the election, which is why the lower court judge ruled in their favor.
Levinson, a Democrat who is challenging Kate Murray for Hempstead town supervisor, had hoped to force a new election in the next two months, for which there would be more public notice and on a day when all segments of the community would be able to participate. However, Swergold said that under New York state law since 1939, July 8 has been when District 1 elections are held, unless it falls on a Saturday or Sunday, and that sundown does not occur until 8:30 p.m., so there was time for everyone to vote. "If you wanted to vote, you had plenty of time to vote," said Swergold.
According to Swergold, sanitation officials hope that the state Legislature and the governor will change the law in the near future to forbid holding the elections on Fridays, Saturdays or Sundays. Barring a change in the law, next year's elections are scheduled for Monday, July 10, since July 8 falls on a Saturday. The next year that July 8 will fall on a Friday is 2011.
"Holding such a poorly timed and ill-publicized election shows the lengths to which a wasteful political machine will go to prevent open debate," said Levinson.
Lawrence resident Rob Satran, an Orthodox Jew, said that many people who observe Shabbos do their preparations prior to sundown, making it logistically harder for them to vote in the 6 p.m.-to-10 p.m. time frame. "If you ask any person in the Five Towns about keeping the Sabbath, they will say it's not easy to shut yourself down on a Friday night," said Satran. "Putting [the election] on a Friday night is designing it for failure, because if every [Orthodox Jew] went to stand in line to vote, they wouldn't be able to do so in that two-hour timetable."
Wagner said that while scheduling the election during the Shabbos bothered many people, he acknowledged that under the current state statute, sanitation officials followed the letter of the law. "I take more issue with the statute than the ruling," he said.
However, Wagner said that the statute allows officials to start the vote earlier than 6 p.m., to give residents more time to get to the polls. Swergold countered that in the past, when an election fell on a Friday and hours were extended, very few voters came to the polls.
In a July 7 press conference in front of Sanitary District 1 headquarters on Bay Boulevard in North Lawrence, Levinson pointed out that in Sanitary District 2, in the Baldwin area, there are three polling places and the elections are well publicized.
The timing of the election also drew criticism from the American Jewish Committee, which released a statement that read, "The AJC objects to Sanitary District 1 holding elections that would interfere with the Jewish Sabbath and the notification for the elections was insufficient."
Swergold said that Levinson's arguments were "politically motivated" and designed to gain attention for his run for town supervisor against Murray. "All of this was without foundation, and strictly an attempt to get attention for political purposes," said Swergold.
Levinson also argued at the press conference that Sanitation District 1's annual budget of over $15 million, with over $5 million paid in salaries and wages, is excessive. He also said that the budget faces no independent review or meaningful oversight, and he feels that the same level of service could be achieved with greater taxpayer savings and less political bureaucracy.
Swergold responded to Levinson's claim by pointing to the unique services District 1 offers, in addition to being the largest district in the county but still having the lowest tax rate.
Levinson also pointed out that the $152,000 salary of District 1's superintendent, Phil Mistero, the brother of Inwood Republican leader Jesse Mistero, was another problems for the district. Swergold said that Mistero's salary is appropriate for the work that needs to be done.
Comments about this story? ACoen@liherald.com or (516) 569-4000 ext. 210.
