Many speak against changing Shelby town clerk, highway chief from elected to appointed positions
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.
John Misiti, a lifelong Shelby resident, served as town supervisor for four months last year after the previous supervisor resigned.
Misiti said the town faces escalating costs with revenue that isn’t keeping up, putting more pressure on raising property taxes.
He supports appointing the town clerk and highway superintendent, saying “purposeful change is good.”
Misiti said the town clerk and highway superintendent positions have both become very complicated.
“This isn’t take away someone’s right to vote,” Misiti said. “It’s centralizing the organization. You can’t have three different people doing their own thing.”
Misiti said the change “is about streamlining things and getting into the 21st century. If we don’t adapt we’ll end up like Kodak. And that is something that is avoidable.”
Gerry Zinkievich, a retired Shelby Town Clerk, believes the Republican Committees are capable of screening candidates to see if they are a good fit for town clerk or highway superintendent.
She said there is a lot of expertise needed to be an effective town clerk. She doesn’t want it to be an appointed position, where the whims of a Town Board decides who serves in the important post.
Maureen Beach, the Barre town clerk for more than 30 years, said a change to an appointed town clerk and highway superintendent “will drastically change how your town operates.”
She said an elected system “provides important checks and balances.”
If appointed, the town clerk and highway superintendent will serve at the pleasure of the Town Board.
“They could be dismissed without voter approval,” Beach said. “Carefully consider the long-term impact.”
Tracy Chalker, left, is the Clarendon highway superintendent and Roger Wolfe, right, is the Yates highway superintendent. They both spoke of favor of having the highway superintendent be elected.
Chalker, who is president of the Orleans County Highway Superintendents Association, said switching to an appointed process leaves choosing the highway leader to the “good ole boys club.”
If the highway chief is appointed, there would be less accountability, he said.
“Being an elected person you are personally libel,” Chalker said. “That keeps you on your toes. I think an elected official puts way more pride in their work than an appointed person.”
Roger Wolfe has been the Yates highway superintendent for the past 41 years, and a Yates highway employee for 49 years.
He said many of the elected highway superintendents stay in the position long-term. He noted the county has had several leaders of the public works department over the years.
“There is no continuity over there,” Wolfe said.
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.
Marlene Seielstad, a candidate for a county-wide county legislator position, said the appointment process diminishes voters’ rights. Seielstad, a Democrat, said Shelby shouldn’t try to pass laws or do a public referendum when it’s targeting its highway superintendent.
Shelby would be the first town in Orleans County to go with appointing the clerk and highway superintendent if the issue goes to referendum and passes.
“This is a slippery slope,” Seielstad said. “Agreeing to this is putting the town in the hands of only five people, or really three. Three people could make decisions for 5,000 people.”
Wendi Pencille, a Shelby resident, said taking away the right of residents to directly pick their officials is a bad direction.
“Taking the voice away from the voters is not the right decision – find another way,” she said. “Your proposed solution will make this worse, not better.”
Pencille highlighted Rich has won several terms as a Democrat, one of the few in the county. If the position goes to an appointment, Pencille said the Republican-dominated boards wouldn’t back a Democrat for clerk or highway superintendent.
“You don’t make a new law to address a single personnel issue,” Pencille said. “You’re proposing fast and easy solutions for you, but they are not the right decisions.”
Mike Neidert, the Albion highway superintendent, urged Shelby to keep the highway leader as an elected position.
“To take that away from the people is not a good idea,” he said.
Neidert has run as a Republican and has been cross endorsed by the Democrats and Conservatives.
“I’m not working for a party,” he said. “I’m working for the people.”
Dale Brooks, the Barre highway superintendent, said highway department costs are going up with fuel, trucks and other equipment.
Changing to an appointed highway superintendent wouldn’t reduce the other expenses that are on the rise, he said.
“Our hands are tied when you talk about costs,” he said. “We operate under OGS (state Office of General Services) with contracts.”
Linda Limina and Ed Zelazny, both Town Board members, said they support moving to appointed positions for the two jobs at Town Hall.
“Right now you have three separate islands,” Limina said. “You have a Highway Department, a Clerk’s Office and a Town Board.”
The Town Board can only make suggestions with the town clerk and highway superintendent.
“We had a elected official spend money not authorized, but we can’t do anything about it,” Limina said. “I wish you would hold them accountable.”
Ed Zelazny said he would be focused on appointing whoever is best qualified for the job, regardless of their political affiliation.
He wants the issue to go to a public referendum.
“We’re putting it in front of the taxpayers and the voters,” he said. “It’s your decision.”
