The Northern Westchester Examiner

Town Attorney Change Triggers Board Infighting in Yorktown

We are part of The Trust Project
Marc Oxman

The impending resignation of Town Attorney Michael McDermott led to Yorktown Supervisor Ilan Gilbert’s first public verbal spat with one of the two Republican councilmen on the board last week.

Gilbert said McDermott handed him a letter of resignation, effective February 2, earlier in the day on January 16, prompting him to add an item to that night’s televised agenda, calling for the interim appointment of the Oxman Law Group to provide legal counsel to Yorktown until a search for a permanent replacement could be conducted.

However, Councilman Ed Lachterman vehemently objected to choosing the Oxman Law Group, characterizing it as a conflict of interest since its principal trial attorney, Marc Oxman, who served as a town justice in Yorktown from 1976 to 1984, is active in the town’s Democratic Committee and recently sued the town board, on behalf of United Taxpayers of Yorktown President Ed Ciffone, before handing off the case to Democratic Committee Co-Chairman Ron Stokes.

“I think it’s disgusting, I think that’s underhanded, it’s backdoor. It’s everything you ran against, and I will not stand for it,” Lachterman fumed. “What kind of shell game is this?”

Lachterman, whose sentiments were echoed by fellow GOP Councilman Tom Diana, further maintained Gilbert and councilmembers Vishnu Patel and Alice Roker should recuse themselves from voting on the resolution appointing the Oxman Law Group for $9,750 per month since he contended Oxman actively campaigned for the trio.

But Gilbert insisted there was no conflict selecting Oxman. He said the firm specialized in municipal law and possessed a variety of attorneys that would eliminate the need for Yorktown to “farm out” certain litigation as it did under McDermott over the last two years.

“We (Yorktown) do have a history of using law firms in the past,” Gilbert said. “I’m the supervisor. I have to be proactive in protecting the town. I needed to address it and I did. Unfortunately, it was viewed by the other two as a political move. I know in my heart it was done for the right reasons.”

Roker noted she had told McDermott a week ago the board was “looking to go elsewhere” with the town attorney position.

“A new board, just like any new administration, they come on and hire people that they’re comfortable with to set their goals and reach their goals,” she said. “Politics is always in the mix. There’s no way to escape politics.”

Earlier in the meeting, Lachterman and Diana opposed a $10,000 increase in the salary for the supervisor’s confidential secretary. Gilbert proposed paying Stuart Glass $85,000 to fill the spot that was previously occupied by Mary Capoccia under Supervisor Michael Grace.

Lachterman and Diana suggested the salary be set at $80,000 for six months and then review Glass’ performance before possibly hiking it another $5,000. Gilbert, Roker and Patel argued Glass, who is also an attorney, deserved the higher salary based on his experience and knowledge.

“In a way I’m getting two for one,” said Gilbert, who noted the town was saving money by him not taking health insurance. “I think it’s an appropriate salary for the work that he’s doing. I’m incredibly impressed with his skillset and ability to deal with the public. I believe he’s worth every penny.”

We'd love for you to support our work by joining as a free, partial access subscriber, or by registering as a full access member. Members get full access to all of our content, and receive a variety of bonus perks like free show tickets. Learn more here.