HomeMy WebLinkAbout1932_03_07 Town Board Minutes (2)9 P. X.
SECOND SPFCIA TSfl'FTIDTG OF TIE? TOWIT BOARD
TOWN OF T A1IAR0_T-ECR, N. Y.
held Larch 7th, 1932
at the Weaver Street Police Station
The meeting was called to order by Supervisor Burton at
Present, Supervisor Burton
Justices Boyd, Deeds, vessersmith and Burbank
Town Clerk Marvin
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The presence was also noted of Special Counselor J. Henry
Esser, Deputy to the Receiver of Taxes H. Rodman Dillon, and Mr. William
R Titley, Jrf
A communication dated March 4th was received from Carl 0.
Hoffman of 280 Weaver Street in regard to the situation in the office
of the Receiver of Taxes.
The communication was received, placed on file and the Clerk
directed to reply.
A communication dated March 7th was received from Receiver
of Taxes Santo Lanza, ordered spread upon the minutes, and filed. The
letter follows:
March 7th, 1932
Town Boards
Town. of Mamaroneck,
Mamaroneck, New York.
Gentlemen:
On February 29th, 19329 with the approval of your honorable
beard, I deputized H. Rodman Dillon, an employee in the office of
the Receiver of Taxes, to perform the duties of Receiver of Taxes for
the Town of Mamaroneck.
I today had a conference with my attorneys and they have in-
dicated that during the mext few weeks I will have to devote my time
almost exclusively to the preparation of the defense of the indictments
now pending against me which of necessity will prevent my being at the
office of the Receiver of Taxes during that time. 1 have every con-
fidence in Mr. Dillon and am satisfied that he will be able to look after
the affairs of the office in a most satisfactory way until such time as
I will be in a position to return to the office.
I am, therefore, advise you that for the period mentioned,
I am taking what amounts to a leave of absence.
very truly yours
(signed) SANTO LANZA
Special Counselor Esser reported on his work of obtaining data
looking to the possibility of preferring charges against Hr. Lanza.
He advised the Board that the office of the District Attorney had intim-
ated that it would not welcome the airing of any charges in open court
prior to lLr. Lanza°s trial on the existing indictments.
Special Counsel Esser also submitted the following written
report which was ordered received and spread upon the minutes as follows:
Yarch 7th, 1532
Torn Board,
Town of J4amaroneck,
Kamaroneck, New York.
Gentlemen:
Referring to the condition of the Receiver of Taxest office
I beg to report as follows.. -
1st the Receiver of Taxes, under the advice of his attorneys,
has not resigned, but has notified you that he is absenting himself from
the office and has deputized his duties to Mr. Dillon. You have no
power to remove the Receiver and can only prefer charges as hereinafter
indicated.
2nd.-ddhile I have in my possession the facts upon which these
Tax officials were indicted, I advise against preferring charges to the
Appellate Division of the Supreme Court, based upon that evidence until
the 'district attorney agrees that such a proceeding will not prejudice
his investigation before the Grand Jury which has not yet been discharged.
T arse awaiting a direct statement from the District !attorney's office.
3rd Tsdrything is being done to keep the Receiverts office
running in an efficient manner.
Respectfully submitted
J. Henry 3sser
Special Counsel.
after considerating the report of Counsel and based upon his
advice, the following resolution was moved by Justice ldessersraith, seconded
by the Town Clerk and unanimously adopted, to -wit:
RTSCLYED, that the following be adopted as the attitude
of the Town Board:
"The Town Board being without power to remove an elected
Town Official, except by preferring charges before the
Appellate Division of the Supreme Court based upon
dompetent evidence, and the District Attorneys who is
still in charge of the matter and of the evidence, not
having yet released the evidence for such use, vie, the
menioers of the Town Board defer taking any action that
might embarass the District Attorneyts conduct of the
matter until he shall have concluded his investigation
and released for our use the evidence which, in our
opinion would justify preferring charges for removal."
A copy of the above resolution was signed by every member of
the Board and ordered placed on file.
Supervisor Burton submitted to the Board a report addressed to
aim by H. Rodman Dillon, Deputy to the Receiver of Taxes, outlining
certain changes which Mr. Dillon was making or proposed to make in the
conduct of the office of the Receiver of Taxes. The report was
referred to the Town Board for perusal and consideration and the Clerk
directed to submit a copy of the report to each member of the Board.
11r. Dillon declared to the Board that he needed the sdrvices
of an assistant in the Tax Office and requested the appointment of a
committee to interview an applicant for the position whom he had in
mind.
The Supervisor thereupon named to this Committee Justices
Boyd, Burbank and the Town Clerk.
The committee agreed to
at 12 o'clock noon at the office
applicant.
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meet the following day, Burch 8th
of Justice Boyd to interview the
The Supervisor advised the Board that the water mains and
hydrants which had recently been authorized for -fire protection
service in Dillon Park had been installed and %vere in operation.
At 12:30 A. If. the Board unanimously resolved to recess to
meet again the following mornings March 9th at 9.30 at the `:Weaver
Street Police Station, to take up such matters as might properly come
before it.
Town Clerk _ T