Town Board sees benefits of appointed officials; issue could go to voters in November referendum

Photos by Tom Rivers: Nadine Hanlon, the Orleans County clerk, speaks during a public hearing on Tuesday evening at the Shelby Town Hall. The Town Board held public hearings about changing the town clerk and highway superintendent positions from elected to appointed. Hanlon, who was also the Kendall town clerk and an elected Kendall Board of Education member, spoke in favor of keeping the positions as elected. She said the town clerk as an elected official is independent of the Town Board and answers to the people.

SHELBY – The Town Board is considering putting a referendum out to the community in November that would allow Shelby to change from having the town clerk and highway superintendent both be appointed rather than elected.

Town Supervisor Jim Heminway believes the town would be better assured of getting qualified people in those important jobs. Right now, the Republican Committee’s choices for the jobs typically get elected to positions around Orleans County, where Republicans have a 2-to-1 enrollment advantage over Democrats.

Town Clerk Darlene Rich is a rare Democrat holding an elected post in the county. She has been the town clerk for 18 ½ years and has held off Republican challengers in the past. Rich will be retiring after 2027.

Heminway says he is concerned her successor may not be the most qualified candidate if left to the political process. He would prefer the Town Board take job applications from the community for both town clerk and highway superintendent, with the board picking the person in those roles.

That didn’t go over well with many of the speakers during public hearings on Tuesday evening. There were separate hearings about changing the town clerk to an appointed position, and then another hearing about doing the same for highway superintendent.

James A. Dussing, president of New York State Association of Town Superintendents of Highways and Clarence town highway superintendent, speaks during a public hearing on Tuesday.

He said 90 percent of the town highway superintendents are elected among the 933 towns in the state.

He said there is more voter accountability with elected highway superintendents, over appointed ones.

“We are accountable 24-7 to the people who elect us,” he said. “If we are not doing our jobs they let us know. If we’re not doing our jobs they call us or vote us out of office.”

Dussing said he suspects appointed officials would be paid more, with more time off and benefits, and may be hard to remove if they aren’t meeting their job standards.

If the town puts the issue to a public vote, Dussing said he can nearly guarantee it will be rejected by the voters who will wait to keep the right to directly elect their highway superintendent. He said the Shelby Town Board is wasting a lot of time and energy by pursuing the issue.

Pictured from left include Shelby Town Clerk Darlene Rich, Town Councilman John Pratt, Town Councilman Larry Waters and Town Supervisor Jim Heminway.

Heminway said his preference to appoint the town clerk and highway superintendent is part of an overall effort to make the town government more cost effective.

He also wants to see the process for people in those positions opened up to more people in the community.

He said the Town Board would take written comments for two more weeks before deciding whether to put the issue to a referendum. All five board members said they favor going to appointments.

They noted the local Village Boards all appoint the village clerks and department of public works superintendents. The County legislature appoints the county commissioner of public works, and the Boards of Education all hire the school district superintendents.

Heminway said he favors a new process for choosing the town clerk and highway superintendent at Shelby. He doesn’t have anyone in mind for the positions.

Rich will be retiring after the end of her term on Dec. 31, 2027. Dale Root, the current highway superintendent, hasn’t told the Town Board whether he plans to seek re-election. He would be welcome to apply for the job if the town goes to an appointment process, Heminway said.

Currently the town clerk and highway superintendent operate on their own, and don’t need to follow directives from the Town Board, Heminway said.

“We don’t have any no direct control over the town clerk or highway superintendent,” he said.

One speaker at the meeting claimed Root attended a highway superintendent conference despite being told by the board not to due to budgetary concerns.

About 75 people turned out for the public hearings on Tuesday evening.

If the appointment process is approved by the voters, Heminway said the Town Board would work to implement measures to make the positions Civil Service and also protect the appointees from board meddling and any unjust firings.

Heminway said the town could require a super-majority vote to remove an appointed official.

John Pratt, a Shelby councilman, said residents can still have the power of their vote by choosing who is on the Town Board, who then will choose who gets appointed as clerk and highway superintendent.

“There will be better checks and balances where board interviews candidates to choose the best person,” he said.

Waters, Pratt, Heminway and Councilman Ed Zelazny all have been elected despite not having the Republican Committee endorsement. They mounted their own campaigns, securing signatures for petitions and pushing to get their message out.

Waters said it is an uphill battle to run without the Republican Committee’s endorsement, or to run as a Democrat or independent.

The appointment process turns it into a job interview where the Town Board makes the choice on who is the best candidate, Waters said.

He noted the Village of Medina appoints its village clerk and DPW superintendent.

“No one is at the Medina meetings up in arms,” Waters said. “Why? Because that’s the way it’s always been.”

Joe Sidonio, a former Murray town supervisor, commended the Shelby Town Board for the “courage” of proposing a different way to choose the town clerk and highway superintendent.

“I say give them a chance to put forth an idea,” Sidonio said about having the issue go to a public referendum. “It’s voters’ decision whether it goes forward or not.”

Sidonio urged the packed town hall to “leave friendly and warm and not divisive.”

He noted many of the key positions in the county, including the commissioner of public works, are appointed.

Sidonio said too many of the elected positions throughout the county go unopposed.

George Phillips urged the Town Board not to pursue the change to an appointment process.

“If you have a problem with the Republican Party, go to the Republican Party and fix it, and don’t take away my right to vote,” Phillips said.

Another resident, Brian Wiesinger, noted apathy at the polls. He said only 14 percent of registered voters turned out in the last Shelby election out of 4,800 voters.

He still prefers having that 14 percent, about 550 to 600 people, choose the town clerk and highway superintendent over a five-person Town Board, which is one-tenth of 1 percent of the registered voters.