Albion Joint Fire District won’t allow elected commissioner to take office
Charlie Monacelli, who was convicted of felony in 2000, says district violating his civil rights
Photo by Tom Rivers: Charlie Monacelli, who was elected to a five-year term as fire commissioner on Dec. 9, hasn’t been able to take office. He attended Thursday’s district meeting, and said the district is violating his civil rights.
ALBION – Voters in the Albion Joint Fire District on Dec. 9 made their voices heard: they wanted Charlie Monacelli to serve a five-year term as a fire commissioner.
Monacelli received 77 votes to the 58 for Derek Howes. However, the joint fire district isn’t allowing him to take office.
The district’s board of commissioners says Monacelli can’t take office due to a prior felony conviction. Monacelli in Dec. 18, 2000 pleaded guilty to attempted burglary in the third degree. He would spend 4 ½ years in state prison. Monacelli then was on parole until 2009.
Kevin Mahoney, an attorney for the fire district, advised the district that the conviction and sentence in state prison “forfeits all the public offices” and Monacelli’s seat should be vacant.
Monacelli has retained an attorney who said the district’s position is a violation of Monacelli’s civil rights. Monacelli handed the fire commissioners Section 79 of the NY Civil Rights Law which states a person convicted of a crime and sentenced to state prison forfeits a public office only “during the term of the sentence.”
Al Cheverie, the chairman of the commissioners, said he would present the documents presented by Monacelli to the district’s lawyer. Cheverie said he shouldn’t comment on the issue publicly.
“Our attorney is dealing with this whole situation,” said Dave Buczek, one of the fire commissioners.
Richard DeCarlo Jr., a local resident and former town justice, attended the meeting and reviewed the paper handed out by Monacelli. DeCarlo urged the fire commissioners to get a second opinion from another lawyer or else the district could face significant liability if it continues to keep Monacelli from taking office.
Monacelli said arson is the only disqualifying crime to serve as a fire commissioner. The district when it posted a legal notice for the election on Dec. 9 stated all candidates for the district need to be residents of the joint fire district (which includes towns of Albion and Gaines) and also can not have any arson convictions.
Monacelli has been an active Albion firefighter for more than 30 years. He has been critical of the district’s budget, including its commitment for a new ladder truck at nearly $2.5 million. He thinks the fire district is spending too much money. He said he stance on spending may be factor in keeping him off the board of commissioners.
He said he could file an Article 78 lawsuit against the district but doesn’t want to spend an estimated $12,000 to continue a legal challenge.
Howes, who came in second in the election on Dec. 9, started as a commissioner in January after Craig Lane stepped down from the unpaid position. Howes was appointed to a one-year term with that spot up for election in December.
