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The latest crisis to hit Westhampton Beach—the possible closing of its only supermarket—has landed squarely at the feet of the administration of Mayor Maria Moore. As usual, Moore and the four trustees have opted to do nothing.
We’re advocating that Moore remove herself from office but in many ways she has already done that.
She has allowed the trampling of some of the most basic principles of America including freedom of speech, freedom of the press and separation of church and state.
Attempts by us to address the two most recent meetings of the trustees were met with harassment by WHB lawyers who kept saying, “Address the board, address the board,” even though we had said we were doing just that. In addition, we were ordered from the mike after five minutes each time.
The videotape of the Sept. 3 meeting is here and the Oct. 8 meeting will be on the WHB website sometime this week.
Why Is Free Speech Throttled?
Moore and the trustees won’t let us talk because we challenge them on so many points.
The major issue facing WHB is the threat of more than $1 million in fines and costs arising from WHB’s opposition to an eruv Jewish religious boundary that would encircle the village. WHB’s entire budget is only $9.8M.
Moore and the trustees have been contending since the first of the year that the eruv cannot be discussed in public by them. It’s a subject also banned at the WH library where Moore was a director until recently. A revolt is going on at the library with workers voting Aug. 21 to establish the first union there in 100+ years. Citizens are demanding the resignation of board president Joan Levan.
What happened is that Southampton, in the last few seconds of its Aug. 25 meeting, decided to cave to the East End Eruv Assn. and allow an eruv in return for EEEA’s promise not to seek millions in penalties. No comment by the SH Council members or citizens was allowed. If that wasn’t a dirty deal, we don’t know what is.
Talk About Eruv Is Now Allowed!
Following that sell-out, WHB trustees suddenly decided that it was O.K. to talk about the “eruv litigation” and let outside counsel Brian Sokoloff hold the floor for 55 minutes Sept. 3.
What did Sokoloff say? He preached fear to the audience—fear of $1 million+ in legal costs (not covered by insurance) because the loser in a “civil rights” case pays the costs of the victor. You heard this right. WHB is accused of depriving EEEA constituents of their “civil right” to place religious symbols permanently on 47 WHB utility poles. The wacky courts accept this premise, ignoring the Constitution’s ban on the government taking part in religious practices.
 Westhampton Beach board left to right are Rob Rubio, Charles Palmer, Mayor Marie Moore, Ralph Urban, Brian Tymann and attorney Anthony Pasca |
Sokoloff, in our opinion, was softening up the citizens so they would accept an SH-type deal. The problem is that Brian Tymann and Rob Rubio were elected to the WHB board June 19 on the promise that they would not sign any such agreement. The EEEA made this demand at the Feb. 24 conference with Judge Kathleen Tomlinson.
We asked Moore and the trustees Oct. 8 whether the EEEA has offered an SH-type deal to WHB. They refused to answer. We’re pretty sure such a deal has been offered.
The refusal to respond shows the giant hole in the “Open Meetings Law” of New York State. The public can attend government board meetings, talk, and ask questions. But board members are under no duty to reply.
Moore Ducks Free Speech, Free Press
Throttling us and harassing us during the “Public Comment” section of the WHB trustee meetings is only one aspect of the “duck the press” policies of Moore.
Neither Moore nor the trustees ever stage a press conference, the hallmark of democracy. If Presidents of the U.S. have to have them regularly, why not mayors of small towns? Neither Moore nor any of the trustees will meet with us personally for a Q&A session.
Modern tools of communications are ignored. SH broadcasts its Council meeting live via Southampton Education & Government Access TV.
The service also broadcasts on local Channel 22 videotapes of the WHB meetings although the current schedule only shows the Sept. 3 meeting set for Oct. 10 at 6 p.m. There is as yet no scheduled showing of the Oct. 8 meeting.
Technology would allow residents who are not present to pose questions to the SH and WHB meetings while they are in progress. This is a common PR technique.
Also unused is the Condorcet and other secure email voting services. WHB could collect the emails of registered voters and check how they feel about public issues. The residents could vote in confidence.
Supermarket Fate Is Current Crisis
The current crisis being ducked by the board is the possible closing of bankrupt Waldbaum’s, WHB’s only supermarket. Workers are asking citizens to boycott Best Yet Market, the expected new owner, unless Best Yet agrees to accept a union.
They handed out petitions in the front of the store the past weekend, hoping to get 5,000 signatures from residents who will promise not to shop at Best Yet unless worker terms are met. The petitions will be presented to bankruptcy court before Oct. 16. As of noon Oct. 13 the workers had collected 2,300 signatures. Virtually everyone entering the store signed the petitions, workers said.
WHB Trustees Stiff Waldbaum Employees
A dozen Waldbaum’s employees showed up at the Oct. 8 WHB meeting hoping to get some support from Moore and the trustees.
It was like pinning their hopes on a cloud. The entire board plus outside legal counsel Anthony Pasca erupted in a paroxysm of denial of any possible action that could help the 80 employees.
“We are the five people who can do the least,” said Tymann. Pasca said, “It would be improper for village trustees to intervene and the village is powerless in this situation.”
We don’t agree. The trustees could pass a resolution supporting the quest of the workers for fair treatment. They could explore what terms are being offered and get answers to questions. Calls are not being returned by Best Yet, 27east.com reporter Greg Wehner wrote Oct. 9.
Perhaps Best Yet would return calls from Moore or other trustees. Also not returning calls were A&P, parent of Waldbaum’s and Sard Verbinnen and Co., New York, which represents A&P.
WH Library Ignores Local Problems
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WHB trustees could also ask the board of the WH library to do research on the supermarket issue. The library has 13 full time and 35 part time employees plus five regular substitutes. In the summer, paychecks may be issued to as many as 55. There are plenty of hands available to help in key issues facing WHB.
The library is sitting on $4.1 million in cash and savings when annual expenses are only $2.5M. It gets its funds from the public but is a private, 501/c/3 non-profit that appoints its own board. Only 14% of U.S. libraries have that status.
Emails and phone numbers the library trustees are not available except that of Karen Andrews, since she is an agent with the Corcoran Group, WHB, part of Realogy Holdings Corp., Madison, N.J., a $5.52 billion public company (NYSE:RLGY) headed CEO Roger Smith. Founder Barbara Corcoran sold the firm in 2001 for $70 million to Cendant Corp. and Apollo Mgmt.
The Corcoran and Realogy brands should not be associated with a board that resists public participation and that has touched off election of its first union in 100+ years. Residents have marched in front of the library demanding a voice in its affairs, protesting the alleged wrongful firing of an employee, demanding the resignation of library president Joan Levan and seeking replacement of the appointed board by an elected board.
In its latest display of defiance of the public, the board refuses to shift its Oct. 14 meeting from 9:30 a.m. to the evening which would allow more residents to attend. The board refused a request for this writer to be on the agenda. That means it will limit my remarks to five minutes. The minutes of the Sept. 16 meeting are not yet available.
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Rory Cooper, a veteran Republican operative and policy specialist, has joined Teneo’s Washington office as senior managing director in its strategy & communications practice.
Brian Fallon, who served as national press secretary for Hillary Clinton’s 2016 presidential run, is signing on next month as Vice President’s Kamala Harris’ campaign communications director.
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