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Politics & Government

Time Dwindling On Chief Decision; Comptroller Opinion In On Controversy

As time dwindles down for the Town Board to choose the next Chief of Police, a NYS comptroller's opinion on who should vote arrives.

Time is dwindling down for Harrison's Town Board to select the Harrison Police Department's next Chief of Police, but a New York State comptroller has issued an opinion regarding the board voting controversy.

By state law, the board has 90 days from the date of vacancy to make the decision. Retired Police Chief David Hall stepped down from the position on Jan. 1; meaning one third of the allotted time has already expired. The town's deadline is April 1.

"We have 90 days and I'm not going to be rushed into it," said Supervisor Joan Walsh.

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Although chief candidates were required to turn in information packets to town officials two weeks ago, Walsh said no meetings have been held yet and as of Wednesday morning none had been scheduled.

"We'll talk about a few matters in executive session at the Town Board meeting tomorrow night," Walsh said.

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The selection process has come under controversy over the past few weeks due to the very public nature the discussion has taken and questions surrounding whether or not Councilwoman Marlene Amelio should remove herself from voting on the topic due to a possible conflict of interest.

Amelio is related to Capt. Anthony Marraccini by marriage because her niece is married to him. However, Amelio has said this does not affect her judgment on the issue and she would not remove herself from voting.

Walsh recently consulted a New York State comptroller on the issue because she's stated she doesn't think it's possible for Amelio to be impartial due to the family connections.

"I don't believe she should be part of the process," Walsh said in a previous interview.

According to Walsh, the comptroller's opinion was that there is no law against Amelio participating in the vote.

"There is no law against it but that doesn't mean its right," Walsh said.

Deputy Village Attorney Jonathan D. Kraut said at the last Town Board meeting that Amelio can't remove herself from voting.

"Board members cannot delegate duties by virtue of being elected," Kraut said.

Walsh's decision to consult a comptroller came as a surprise to other board members and town and village attorneys who said she didn't inform them of her actions.

"This is an example of the transparency that is lacking on the Town Board," Amelio said last week.

The chief selection process has turned into a rather public debate in recent weeks that Amelio has spoken against. She said that no other department head appointment receives public comment, so this issue should be no different.

Walsh said that because the chief appointment is a "lifetime appointment," it differs from other department heads and public comment should be allowed. Under a law that is enforced to prevent political favoritism in the position, a chief can only step down if he or she retires and can only be fired if he or she is accused of wrong doing, brought up on charges and allowed their rights to due process.

Despite the numerous public comments on the issue the Town Board has said the submitted questionnaires will be the main factor in choosing the next chief. By law, the town must choose from the three candidates and can't conduct an outside search.

The three candidates are Lt. Douglas Buschel, Lt. Larry Marshall and Marraccini. They submitted information packets with completed questionnaires two weeks ago, answering questions about their educational background, professional experience and ideas on how to reshuffle the department staff after leaving various positions unfilled in recent years.

Residents can expect more discussion on the topic at Thursday's Town Board meeting.

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