Shelby town supervisor seeks to improve government that he says has failed taxpayers for years
Editor:
This coming Tuesday, June 23rd, is primary day.
To be clear, the opinions and observations are my own and not necessarily of the other Town of Shelby Board members.
In the roughly 10 month’s that I have occupied the Town of Shelby Supervisor seat I have learned a lot. Not only about how our local government is supposed to work, but also how it has not. In fact, the system has failed the taxpayers of Shelby for years.
I, and other board members, ran a successful primary and general election campaign on a platform of change and fiscal responsibility. Even though I had attended Town Board meetings for several years I was unprepared for the level of dysfunction that existed.
How did it get this way?
The Supervisor is not only the Chief Financial Officer, but sets the agenda for the board and the town. Planning and oversight, so that the path forward is clear to the other officials and employees. Unfortunately, the last 3 Supervisors quit, leaving no continuity in direction, financial controls, policies, or procedures.
Under the watch of these Supervisors the Clerk’s Office was stripped of some it is primary duties, such as document control and over time the accounting became the focus of a New York State Comptroller’s Office audit, finding it deficient. In addition, this lack of fiscal oversight allowed the Highway Department budget to become bloated.
With the help and support of the board and some employees at the town we have gradually brought the spending under control, completed an independent audit, and provided the public with a transparent local government.
But without change the past failures will return.
After extensive legal research the board passed a revised Local Law for Code of Ethics, which restricts elected officials and town employees from serving on political committees.
Why?
Unless you get the endorsement of a political committee, especially the republican committee, it is extremely difficult to get elected. Unfortunately, many people line vote, meaning they vote all republican or all democrat regardless the qualifications of those on the ballot. With an overwhelming republican registration, the republican committee endorsement almost always results in a win.
In Shelby, the Republican Committee is made up of 8 members. The Chairperson is the Shelby Town Highway Superintendent. Other members include a highway employee, the Deputy Superintendent, a former highway employee and friend who follows the Chair. This is 5 of the 8 votes.
In practice the Highway Department, through the committee, controls who gets the nod and most likely gets elected. While the committee seats are elected positions, I would challenge most people to explain to me the process involved.
On primary day you have the choice to make a change in one of the 4 districts. You can vote for the Superintendent who would continue as the chairperson, or a former board member, who was one of those who quit last July, depriving the town of a quorum and costing thousands in legal fees and other costs. Or there is a third choice, someone who attends almost every board meeting, speaks his mind (not always agreeing with me) but is passionate about his community.
More recently the board has proposed two new local laws. One to abolish the elected position of Town Clerk and the other to abolish the elected position of Highway Superintendent, replacing them with appointed positions. There would be no impact to the current Clerk or Superintendent for the duration of their term.
In the future the Town Board would post these jobs, review their resumes, interview applicants, and appoint the most qualified candidate, just as any business would do. Because these applications would not be limited to anyone based on their political affiliation, a broader source of qualified people would be available.
So why now?
These jobs are complex, not easily learned in a few months or even years. Having served 18 years, the current Town Clerk has made it clear that she intends to retire next year at the end of her term. The Deputy Clerk has made it clear that she has no desire to assume the Clerk position and most likely be leaving soon.
It is the desire of the current Town Clerk to bring someone else in, getting some experience before she leaves. However, with the current system there is no guarantee that this trainee would get a political endorsement and without it, would they run a primary campaign. I can tell you from experience, it is not for the faint of heart. After digging out from the years of dysfunction, the Town of Shelby cannot afford to have either of these positions filled by unqualified individuals.
I will share a little about what I have learned about elected positions, mine included. While mine, as Supervisor, is designed as a part time oversight position (the last Supervisor rarely showed up at the town hall), the Clerk and Superintendent positions should be full time. But, for all elected positions, there is no requirement that you do your job. Unlimited vacation, good retirement, no boss, and according the New York State Town Laws an elected official does not even have to show up and there is nothing anyone can do about it until the next election. In fact, I know of a case where a highway superintendent has another full-time job, but gets full time benefits of the elected position.
The board has scheduled public hearings for these two proposed laws on June 30th at 6 p.m. and at 6:05 p.m. I am sure we will hear from many who have strong opinions on this subject. We will hear from the political parties who wish to maintain control, from associations that represent these positions and collect dues.
We will hear from concerned citizens who feel that it takes the public’s right to choose, to which I will say, three of the 5 board positions come up for vote every 2 years, so you have more control over the affairs of your town. Shelby is not the first, nor the last municipality to follow this path.
We are facing challenging times. Increasing costs, stagnant revenue, and increased taxes. Many who voted for me said they wanted change, but change is not easy or always popular. I have no agenda other than to make the local Town of Shelby government a more efficient, fair and in a better place than when I walked in the door. I welcome the chance in the public hearings to hear your concerns and hopefully explain the reasoning behind these actions.
Jim Heminway
Town of Shelby Supervisor





