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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 85 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. 9 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