HELD v. HALL

Tuesday, February 26, 2002

Supreme Court

Westchester County

Justice DiBlasi

HELD v. HALL ” Westchester County Local Law 10-1970 (Westchester County Laws ?§107.31[4], hereinafter “Local Law 10″) provides that:

A county legislator shall not hold any other salaried or elective public office during his tenure. (Emphasis supplied).

At issue in this proceeding is whether Local Law 10 bars a recently elected County Legislator from serving on the Westchester County Board of Legislators (the County Board) while retaining his position as the Chief of Police of the Town of Harrison.

Now before the Court for determination is a motion filed by plaintiffs seeking a preliminary injunction barring defendant from exercising the full powers of County Legislator, and most importantly, his voting power, pending the final outcome of this lawsuit. Upon consideration of the papers presented by the parties on that motion, as well as on defendant’s cross-motion for dismissal of the complaint, the Court grants the preliminary injunction sought by plaintiffs. ¹

Since 1997 defendant has been the Chief of Police of the Town of Harrison Police Department (the HPD). In that capacity he supervises the law enforcement efforts of the officers of the HPD. It is undisputed that part of the funding for the HPD is provided under the Operating Budget of the County of Westchester, which is voted upon by the County Board.

In November 2001 defendant successfully ran as a candidate for the elected position of County Legislator, representing District 6, which includes the Town of Harrison and the Villages of Port Chester and Rye Brook. Both before and since his election, defendant has expressed the view that he intends to hold his position as Chief of Police of the HPD while he serves as County Legislator.

Later in November 2001, the Westchester County Board of Elections (the Board of Elections) certified that defendant had won the election for the County Legislator position. On or about December 3, 2001, defendant executed and filed his oath of office as a member of the County Board.

Relying upon Local Law 10, on or about December 21, 2001 plaintiffs commenced this lawsuit in which they seek a judgment declaring that defendant may not serve as a County Legislator “while he also holds a salaried public office as the Police Chief of the Town/Village of Harrison” (Complaint, p.6). Subsequently, by order to show cause filed on January 4, 2002, they moved for preliminary injunctive relief. Specifically, plaintiffs ask for an order:

… enjoining the defendant from exercising any of the powers as a Member of the Westchester County Board of Legislators vested in him by the Westchester County Charter (although he may attend meetings of the County Board and its various legislative committees in a non-voting capacity and may receive his salary as Member of the County Board) while this action is pending and until a final judgment is entered… . (Order to Show Cause, p.1-2).

Defendant opposes the motion and has cross-moved for dismissal of the complaint. On his cross-motion, he offers certain procedural attacks upon the complaint. In addition, he argues that plaintiffs have failed to satisfy the standard applicable to preliminary injunction motions.

With all papers now before the Court, the motions are fully submitted for decision. Since the cross-motion attacks the viability of the complaint, the Court addresses that application first.