The Newburgh Advocate

Newburgh Industrial Development Agency Meeting January 17, 2012

Last night at the Newburgh Industrial Development Agency Meeting Chairman Joshua Smith made an announcement that resolved the longstanding absence of one of the board’s members.  Mr. Smith said that he had received an email from Spencer Gulliver that said he had to resign because he had moved out of state.  Mr. Smith also said that he and the NIDA CEO had informed the City Manager and Mayor Judy Kennedy prior to her inauguration (January 1st) that this was the case.

This will open up a position of board member for the NIDA.  The appointment is made by the Newburgh City Council, and there is no term limit.

Video clip of the announcement is below.

This is the three-page letter I distributed to the city council at Monday night’s meeting.  I read the first page during the public comment period at the end of the meeting.

January 9, 2012

Mayor Judy Kennedy
Councilwoman Regina Angelo
Councilman Cedric Brown
Councilman Curlie Dillard
Councilwoman Gay Lee
Corporation Counsel Michelle Kelson
NIDA Chair Joshua Smith

Re: Petition for Termination of Newburgh IDA board members Spencer Gulliver and Jerry Maldonado

Dear Mayor and City Council,

It is your responsibility to appoint the members of the Newburgh Industrial Development Agency Board (“NIDA”.)  While the NIDA is an independent public authority from the city, it is reasonable to expect that the council and mayor provide a degree of oversight to this agency such that should the agency be acting illegally, improperly, or fail to police its own laws, you take corrective measures.

Two members of the NIDA have had excessive absences for the past two years, but the agency has looked the other way, preferring to do nothing and keep the status quo.  In the case of Spencer Gulliver, his absenteeism has been egregious and beyond acceptable.  He was absent for 83% of all meetings in 2011, as well as 83% of all meetings in 2010.  According to the Attendance Policy of the NIDA’s own bylaws, the accepted limit is less than 33% unexcused absences.  Jerry Maldonado was absent 33% in 2010 and 50% in 2011.

The NIDA board has declared all of Mr. Gulliver and Mr. Maldonado’s absences “excused.”

Who can excuse a board member who does not show up for 83% of all meetings?  How can this person still be considered a board member?

While I am not a Board Member or City Council member, I hereby request that you petition for these two board members to be terminated from the NIDA board and immediately appoint two replacements who will actually attend the board meetings and carry out their duties responsibly.

Attached are the relevant portions of the bylaws and the 2010 and 2011 attendance chart.

Sincerely yours,

A. Jane Johnston

- 2 -

According to the Bylaws of the City of Newburgh Industrial Development Agency, Article II, Section 1,

Members [of the IDA Board] shall be appointed by the Common Council of the City of Newburgh, New York (the “City”) and shall serve at the pleasure of the Common Council.. A Member shall continue to hold office until his or her successor is appointed and qualified.

Additionally, the Bylaws include an Attendance Policy outlined on pages 7-8, Article III, Section 8, paragraph (b):

Attendance Policy: Each member shall be and is hereby required to faithfully and regularly attend the regular and special meetings thereof.  As used and defined herein every member shall comply with the following standard for attendance in order to maintain their membership on such body in good standing:

1. No member shall have accumulated (4) or more unexcused absences amounting to no less than thirty-three (33%) percent of the total number of regularly scheduled and properly-noticed meetings of such body within the preceding twelve (12) month period.  For the purposes of this section, the term “unexcused absence” shall mean the failure of such member to attend such a meeting without having received approval of such absence of the presiding officer of such body.  Such approval shall be granted upon reasonable grounds and shall not be unreasonably withheld.
2. Any member of the City Council, the City Manager and/or any member of the body may petition in writing that a member of such body be terminated as a member for failure to comply with this local law, including this attendance policy.  Such petition shall specifically state the grounds including facts and circumstances upon which the request for termination is based.  The petition shall be served by mail or in person upon the presiding officer of the body with a copy to the Corporation Counsel of the City of Newburgh.  The presiding officer shall ensure that a copy of the petition is sought.
3. Upon the filing of such a petition the member whose termination is sought may request a hearing.  At such hearing the petitioner and the subject member may testify, produce evidence and witnesses, and examine and cross-examine any witnesses and evidence.  The Mayor as presiding officer of the body which is the appointing IDA shall preside at such hearing and shall render a decision as to whether the subject member shall remain on or be terminated from such body.

- 3 -

Attendance of City of Newburgh Industrial Development Agency
Board Members for 2010 and 2011
X indicates present