Conflict Over Who Will Defend Clarkstown in Suit to Repeal Term Limits

Rockland Daily Staff 

Councilmembers Borelli and Carroll hired an attorney to defend Clarkstown on the ongoing saga of repealing term limits, and at the same time, the attorney's office is also attempting to do the same. 

According to Rockland County Business Journal, a judge will be required to decide who can defend the Town in this suit after Town Supervisor George Hoehmann and Councilmember Don Franchino sued the Town to repeal term limits, as reported by Rockland Daily here.

Clarkstown is the only Town in Rockland County with term limits since passing a law in 2014 that limits those elected from serving more than eight consecutive years.

Councilmembers Frank Borelli and Patrick Carroll have hired Daniel Szalkiewicz & Associates to fight an allegation that the term limits law is illegal, stating it needed a voter referendum eight years ago. Both councilmembers believe it is necessary to hire outside counsel to defend the Town "because Town attorney Craig Johns and his deputies work at the pleasure of the Supervisor and are appointed by Town councilmembers, and therefore have a conflict," as stated in Rockland County Business Journal.

The board voted on hiring outside counsel last week, voting 2-1 in favor, excluding the two plaintiffs as reported here by Rockland Daily. However, a dispute remains about whether this allows the board to hire outside counsel. Johns believes all three members must vote in favor to make it a majority vote of the five-member board. 

Szalkiewicz disagrees with Johns in a filing he wrote with the court, saying, "A vote was held, and a resolution was passed by a 2-1 vote to have outside counsel represent Defendants. On January 6, 2023, our firm requested the necessary paperwork to ensure we were retained in accordance with the Town's policy. The Town attorney refused to cooperate and instead stated, contrary to the vote total, that the Town attorney's office would represent the defendants."

In a letter to Judge Amy Puerto, Szalkiewicz, wrote, "There can be no doubt that Deputy Town Attorneys Conway and Schofield are highly regarded and well-respected lawyers. However, given the will of the non-conflicted Town Board members, the Defendants should not have counsel thrust on them by a Town Attorney who has properly recused himself. We respectfully request a conference with the court to hash out any confusion concerning the representation of the Town and Town Board so that the focus can rightfully be on defending this lawsuit to the greatest extent possible."