HomeMy WebLinkAboutTB-03/23/1954136
~ET!NG OF MARCH 237
The Southotd ~own Board met at the office of Supervisor
Norman E. Klipp at Greenport~ on Tuesday~ March 23~ i9~+.
The meeting was called to order at 1:30 Po~, with the
following present: Supervisor K!ipp; Justices Tuthii!~
Albertson~ Clark and Demarest~ Superintendent of High-
ways Prices Town Attorney Terry and Town Clerk Booth,
Moved by JuStice Ctarkl seconded by Justice Demarest:
RESOLVED:That the minutes of the previous meeting be and
hereby are duly aoproved as read.
Vote of Town Boa~: Ayes-Supervisor Klipp; Justices Tuthitl~
Albertson~ Clark and Demarest.
Moved by Justice hlbertson~ seconded by Justice Clark~
~ESOLVED: That the regular mo tnly audit meetin~ of this
~b ~ ' Norman
Board will be held at the office of ~__e ~upervmsor~
E~ Kiipp~ st Greenport~ on Tuesday~ April ~ 1951+~ at 1:30
P.M.
Vote of Town Board: Ayes-Supervisor K!ipp~ Justices Tuthili~
A!bertson~ Clark and Demarest, /'
Th~ foiiowinM bonds were presented to the Board For approval.
Moved by Justice Albertson~ seconded by Justice Tuthit!:
RESOL\~D: That Bond No. SM 177661 issued by the American
Motorists Insurance'Company in the sum of $~O0.00~ on be-
half of Henry Y, King~ be ?nd the same is hereby approved
as to its form~ sum~ manner of execution and sufficiency
of surety therein.
Vote of Town Board: Ayes-Supervisor Klipp~ Justices Tuthi!i~:
Aibertson~ Clark and Demarest,
Moved b~ Justice Clark$ seconded by Justice Tuthiii:
R~o0L\~D: That Bond No, SM 177660 issued by the American
M '
~otormsts Insurance Company in the sum of $~00,00~ on
behalf of Otto L, ~nrig~ be and the same is hereby approv-
ed as to its form~ sum~ manner of execution and sufficiency
of surety therein.
Vote of Town Board: Ayes-S~pervisor Klipp~ Justices Tuthi!i~
Aibertson~ Clark and Demarest.
Moved by Justice Albertson~ seconded by Justice Demarest:
RESOLVED: That Bond No. SM 177662 issued by the American
Motorists Insurance Company in the sum of $~00,00: on
behalf of James Po Ke!ly: be and the same is hereby approved
as to its form: sum: maDmer of execution and sufficiency
of surety therein.
Vote of Totem Board: Ayes-Supervisor Ktipp~ Justices Tuthill~
Albertson: Clerk and Demarest,
Justice Tuthii! was requested to have one additional street
lm~nt installed on Pike Street in Mattituck~ and three
~dditional street lights installed on Old Harbor Road~
in New Suffolk.
Moved by Justice Tuthi!l; seconded by Justice A!bertson:
RESOLVED: That the Town Clerk be end he hereby is directed
to request the Long island Lighting Company to install one
(!) additional aerial street light in the Mattituck #i
Lighting District~ said light to be ~!aced on Pole #1~
on Pike Street~ Mattituck~ NoYo
Vote of Town Board: Ayes-Supervisor K!ipp$ Justices Tuthil!~
Aibertson~ Clark end Demarest,
Moved by Justice Tuthilll seconded by Justice Clark~
RESOLI~: That the Town Clerk be and he hereby is directed
to request the Long Island Lighting Company to install
three (3) additional aerial street lights in the Cutchogue
New Suffolk Lighting District. said !i~ht to be placed
on ooles ~3~ #77 and ~11 ~n O~d Harbor-Ro~d in N~w Suffolk~
Vot~ of Town Board: Ayes-~upervisor'K!ipp~ Justices Tuthi!~
A!bertson~ Clark and Demarest.
of
~. KLI?P~ No~, we have been delayed mc~entarily
fr~ ~Dening tn~ hea~ing beoam~e I failed to
George t~t the heari~ would be held in
rather than Southold~ So that at thi~ time I will
open th~ hearing on the matter relativ~ to El~i~ Bowden
and turn ~ c~air ove~ to Judgs Cl~rk ~ho will conduct
~ he~r~ng.
any ~rther proceedings in tnls
~. ~Y~ I think that pr~oably the first
tl~t you will want to considsr is that I have
with Mr. Smith relative to a proposed adjournment of this
t~ some other date, and I have told him that I would
- n* ad~ourr~n~, but t~ having taken the
that to the discretion of the B~md, and I presu~ae tbmt
pernaps we might read the cha~ges first, and ~en.hea~
Mr. Smith in his proposed application for an adjournment
before proceeding.
~. SMt~H~ i will waive the reading of t~he charges,
~r. Cbs irman ~
(The followi~ are the c~ges age,st Eloise Bowden.
March 12~ 1954
~s. Eloise Bowden
134 Central Avenue
Greenp~t, New York
Dear ~rs. Bowden:
In accordance with the provisions of Subdivision
3
New York, yo~ are hereby notified~ that pursuant
direction of t~ To~ Board, th~ following Ch~ges
prefsrr~d ~gain~t you.
O~_~GE l: Tou mb~ented your~.lf fr~m your ~Ffici~l
dutie~ for ~ p~iod of on~ ~on~h with~u~
~nd aFte~ requested p~im~ion P~d been specifically
denied ~
~p~ci~~ fic~ti~. ~ ~ ~: ~Fter h~vi~ been ~pec~f~o~y denied
p~rmiszion ~n Jan~Y 4, 1954~ yo~ failed
to work on February l, 1954~ and continued to re. in
absent ~ithout leave fr~m your work fo~ each ~ucceed-
lng ~king day thereafter to and including February
C~C~E II~ You b~v~ deiibe~ateiy misconducted y~ursei~
in the pe~f~nce ~f you~ d~tle~ and delayed vital
information requested fo~ an official report to the
StaSe C~ptrolier ~
.~ On January 4, 1954~ you insolently
criticized the Supe~isor and t~aatened to take a
naonths~s vscatlor~ whether it ~s ~anted
used pro~ane lang'~ge, and a~rogantly indicated that
you would work at your pleasure and convenience and
in such ~n~er as best suited you, and that y~ did
not intend to cooperate ~th new ~p!oyees.
4
~a~ ~nd~cat~d to the Supervisor that you did not intend
~ne 8~ie~ requi~ed
to cooperate in'the perfor~nce of ~ ~
ordinate an8 guilty' of ~isconduct in trot you withheld
and delayed certain vital and essential
r~ques~e~ ~ the Supervisor~s 0ffice~ and indicated
that th~ infOr~tlon w~uld be given~by y~ at your
convenience and then ~
only ~s a c~urtesy to the
Supervlsor~ S Secret~ry~
~t you ~ve deliberately indzcated~m~ ~y~ de
not intend to cooperat~with the directive~ of the
There will be a r~earing ~n the a~o~e charges before
the Southold T~ewm Board at the Supervls~r's
T~es~y, March 23~ 1954~ at which time y~u will be given
an opp~rtunlty to defend yourself. If you wish~ you may
be represented by an
if you are ff~und ~i~ty ~z a~ of the above cha~ges~
the penalty o~ punTsb~ent imposed upon you may consist
~ - z~om ~ne se~vice~ demotion in grade and
title~ suspension without pay f~r a period not exceeding
two m~nths~ a fine not to exceed Fifty Dollars
P~n~ing the' determinmtl~n of the~e c~rg~s~ y~ are
suspended without pay f~r an ~nme~t period
ing 30 days) ~ effective i~edi~tely uoon service upon you
of the~e charges ~nd this n~tific~tion.
Very' truly
NO~M E. ~IPP
Supervisor
~ T~EY~ I think that the ~em~bers of the Board
haven't seen the charges except these copies t~t I
have just pre~ented to them now. i don~t know as it
necessary ~o have ~he c~rge~ read for the purpose
considering the raatter of an application for an adjournment,
I think that maybe if y~u %~mnt to hear Mr. S~ith on that
and perhaps have sorae discussion~ per,ps ~r~ Klipp w~ld
like to ~ve s~sthing t~ say in ~egard to the ad~ournment.
~. ~{: We will hear Mr. Smith on his
for an adj~rnment.
~ SMI~ Mr. Chai~an and Me,bors of the Town
Board: on behalf of ~s. Bowden I would like to appl~
for an adJourn~%ent of this matter for ten days or two
weeks during which tLme it could be further c~nsidered
by ou~ firm. At ~he ~tset I sh~ld say that Mrs. Bowden~
through your attorneys~ challenges the right ~f the To%fn
B~ard to render th~ charges at all and we challenge
on two gr~nd~ ~ The first ia ~h~t your ~.rd doe~ not
have a~thori~y to dim~ipl%n~ her~ and tb~t i~ prim~riiy~
or ~o a ~ea~ ~xtent~ a quemtion of law~ The ~ec~nd i~
unfont~etely you ~ve ~ ~ ~
record, ir~icag~e~ t~t you P~ve already ~de uP your mind
~ t
w~ h re~t her~ and there~o~s~ you are disqualified as
inclir~d to think t~t wibh all re~p~ct to you~
(~ndic=~in~ ~udge Clarx) that ..... ~=~ ~nalif~ied yourself
In ~ form and~nner ~{nL~ tn~ r~soiu~ons ~f F~brua~y
16 and ~h 9 ~v ~aen mad~ ~nd ~ho~
tn ~king this ~pplication I ~nt to ~ay to y~ t~t
I pe~ona!ly~ as ~n attorney~ ~,~t ~ ~ee ~tSer~ of
di~fioult for u~ to D~oceed in the futur~
~ apologized
Mm~S~ Bowden~ I think~ up to thlz t~
to the Supervisor for he~ ve~ poor
one t~e ~en she ~ in his of~ice~ An~ z, on her beD~lf~
considered info~lly in between t~ues
disposed of without ~king a gmeat deal of trouble o~ze~ it~
W~e all have oum faults and we all have
~s a great M~Ddr ~irtues~and like i
?
~ny ~f us~ she ~s fauits~ I hope this we~n with a
great d~ai of training In tn~s work in your To-~ may
be saved for y~u~ but I am afraid you b~ve alread~
taken a P ~l ~on as a Board, and disqualified your~elve~
an~ I ~st a~k f~r an adjournment of ~we' weeks;
~R. ~AqY: ! t~zn~ for the purpose ~f the ~e~rd
that it should ba stated t~t the Board has not mad~ a
d~tarminati~n, but is ~ving this haaring ~or ~he pu~ose
of c~mplying ~i~t~ths provisions e~ Secti~ R2 Of the Ciz~l
Ssrw~ic~ !~w, T~$ th~ law its&lf does not requz ~ the
Board to ~ve ~a hearing~ but that the Board is goi~ ~
step beyona the requ~rem~nts~ oi the Civil Service ~w
in pro~iding for this hear~g, and Eiving M~s. Bowden
in
an oppor~mnl~y to c~j~e~and r~fute ~he charges~ or to
~h~w ar~ extenuatir~ or mitigating circ~s~ta~nces~ if
th~rs are ~ome~ and I think t~t While we all re~e~
b~yond the ~tter of unwi~ uss of words~ and also i~
think that i shall have t~ take issue witch M~. Smith
a~ fa~ as the power of th~ Bo~d ls concerned~. t believ~
that the TO~ records will show trot Mrs. Bowden was
~mploy~d not ~y the Board ~f Assessor~ or no~ by ar~
~e zndiv~d~l~ bnt by th~ T~ Boa~d iSself~ and that
sar zs an ~ploy~ oz the To~ and ~hat it is wiShln
the discretion of th~ .To~ B~r~ hea~ these c~rge~.
8
tn other Wo~ds~ there is no other body or individ3~al
with au~nQrity To hea~ these cha~ges~ .unless it be
hi~r authority, And in the first instance they mu~t
by
be haard~the T0~ B~a~d, The To~ Bom?d .~t .~mke some
determiomtion, ~'which it has not r~de Yet. Now~ in
you will g~nt an ~djour~ment Of ~e minster, ~r whether
you Will ~roceed to he~r the cl~ges at this ~ime.
Doe~ M~. Klipp ~nt to ~ke ~ny statement?
~. K~PP~ I h~ve no objection to an adjournment
as lo~ as it is for s~e ~easo~ble cause or
reasonable amount ~f ~ti~e. As I understand tha Civil
Service Imw~ all of this must take place wlth~a a t~e
~ T~Y: Well, the suspension cam~uot ~ceed
thirty drays, In other wordS, i ~h~k it wo~lmd not be
fair to either the To%~ Board or Mms~ BoWden
deteEuim~tion weren't mmda within thirty day~, In
fact~it ~hou!d be ~eal~ made within twenty days
that she would have an opporSunity to aPPeal during
the time of her suspension. ~. feeiing~ ms f~r as the
ad. Jou~o~ent Is conceded, I am goi~ to recomm~end that
~ adjou~mient be granted~ but I think that if you
going to have an adj~m~nt me~eiy to ~aise~ the issue
that the Town Board is net going t~ be i:a a position to
~ke a dete~mlnation in this matte~r as it ha~ not yet
done ~o~ i think we shcuid stipulate that ~ the first
instance th~ Board should hear ~=~mt the ~llegations a~e
or what is Set f~rth in the charges~ and ti%a~ certainly
the matter sh~mld be dlscussed by the Board. &~d
take issu~ ~th Mr~ Smi~ ss far as his disputing
authority of the To~ Board in tbs fi~st i~tance
make ar%~ determinatlon~ anO~ if it i1~.~' 'in other
i am p~.~ec~ly willing to consent to an ad~ur~m~ent
with the idea ~that he ~ll either bmve more time to
additio~l witnesses ~ either to sh~w Some~ extenuating
~rc~stances e~ some mitigating factors tbm~ we are not
now a~r~.~x~oz· disprove any of t~e cDmrges~ or In other
Wo~as~ to ask for an adjou~r~ant and then to sta~e ~hat
~ths Board has no jurisdiction in the matter, i would
ask him to s$1pulate t~t Wen the hearing does p~oceed
i~ would proceed before the B~d. _~ ~
M~I~ $~?H. Wall, Mr o Tez~f~ ! td~!nk you I~mve I~n. own
~e i~ng energia. ~ meollne to s~ s,~_puiate~ I d~ not
think tb~t I can urge an adj~rD~ent on Uhe ground that
'I:wlti be better pre~ed in two waeP~s to meet the i~sue.
I do not ~ake the. application for an adjournment on ~t
grou~d~ t ~ke the application ~ the ~9und~ in two
resPects~ the first is that i hope that between now and
the end of ~he time~ there may be some way of mispes~ng
of tni~ matter-without heari~ the whole thir~ A
also ask for the adJ~r~enB on the gm~uDJ tha$ i
~=~e ~he right of the Board t~ act~ and I do c~!!enge
the ~o gentlemen the right to sit. I don't ~ant to be
mea!y~outh~d about it at all. I deci~e te stip~a~ts and
I ask for.th~ adJ~rnment solely on those two
~ i
~. C~i: Wel , as members of the To~ Board
think that we should ~ve an executive meeting to see
whether we ~nt to grant the sdJour~n~ent or not~
(The Board left th~ room and went into ~eoutive
(The B~rd returned.)
~&~ C~K: The application for an adjo~ent
denied. The Board will proceed t~ hea~ the
~4. $~: May i speak just for a moment~
Chairman, ! regret very much t~t you have done
but ~uasmuch ss y~u have ~de a record of it, i now
~st stay you in your proceedi~. Mr. To~ Attorney~ here
a Not!ce to Show Causes staying y~u f~om pr ~= ~ ~
berne no~- as fa~ as the ~et~ion and dete~inlng. The
~ich has been served upon us p~ohibits the enti~e Board
the ma~=~ and we _
f~m proceedi~ with ~ ~*~ will ~ve
~'~ ~ 55h~ [~onday morning, ts ~here ar~y time
The openlnE ~ ~= C~'~
S~ %~hat i think no ~rther prooeedi~ can
be taken at this time~ I think tk~at the Board might very
well g~ into some of these argt~m~nts in the p~titlon~
particularly t~e Board of Ass~ssors~ as long as they are her
M~. S~t~H: ~r. 'Te~ry, certa~ly I don~ t wanb
else disqualified here in this~tter. I ask yeu, please,
don't take this up with the Board of
~. T~: Well, I ~ui~ no fu~ther proceedir~
can be heard at ~ls tLme.
~. C~[~ ~We will adjourn the hea~Ing until
disposition of the
~ comm~aication was received from the Board of Trustees
of the East ~arion Cemetery Association in regard to dam-
age done to mon~ments by local young folks, They especially
would like to co~snd the police work of 0ffic~r Howard
in handling the ease~ Said communication to be filed with
the Police Department an~ posted on the bulletin beard,
M~dYby Justice C!~rk~ seconded by Justice Atbertson:
RESOLVED: That Otto L~ ~nrig~ Chief of Police be and here~y
is authorized to purchase a mew radio to replace the one
in Police Car #82°
Vote of Town Board~ Ayes~Supervisor Kl~pp~ Justices Tuthill~
At~ertson~ Clark and Demarest~
Moved by Justice i!bersson; seconded by Justice Demarest:
~=~.=~.=~o~o~vwn. ~ha~ in connection with the proceedings concern-
ing the chs~ges against Mrs, Eloise Bowden~ Renssetaer G,
Terry~ Town Attorney for the Town of Southo!d~ be and he
hereby is authorized to employ such legal assistance and
incurr such e~penses as he may deem necessary,
Vote of Town B
oard. Ayes-Supervisor Ktipp$ Justices Tuthill~
Albertson: Clark and Demarest,
The hearing on the matter relative to E!oise Bowden was
duly opened at 2 o~ciock P.M. and the record of the pro-
ce6dings of this hearing is attached to the minutes of this
meetinE.
Adjournment was at N:30 P~M.
Ralph P, Booth
Town Clerk