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Police Officers on the Town Board - May 18, 2008

Posted by Kathy Stewart at May 18, 2008 02:30 PM |

I stand by Charlie Rubin, in his objection to the presence of local law enforcement (police officers) on our town boards, and respectfully disagree with Mr Molinaro.

Mr Molinaro, you could be responded to as someone protecting his  position, as well.  As part of the party who now, this year, have appointed TWO police officers to Town Board positions---one Town Board, one Zoning Board of Appeals, you would not be expected to oppose their appointments.

I agree that both appointees are good,  respectable members of our town, who I happen to like personally as well. The principle of having them be both police officers, AND lawmakers is the basis of my objection.  A resignation from the police job would erase my concern.

The practical idea here is that as police officers making routine stops for traffic and other matters, there is always the possibility in the mind of the person  being stopped who could be disagreeing with a political stance taken by the board-member -policeman, that perhaps it could be risky to disagree because what happens if you get stopped on the highway by that same policeman?  My objection is thus both practical, and based on historic precedent within our country's constitution----for a good practical reason!

The question at hand is that of the constitutional separation of the three branches of government

  • executive(mayor),
  • legislative(town board), and
  • judicial(judges, police).  
Law enforcement  needs to be hands-on, and dealing with individuals.  The local Boards need to stand back,  and help create a system of laws that works for all of us, with an eye also for the future good of all of us.

In our country's constitution,

the Judicial and therefore enforcement branch of government is separate from the Legislative branch which makes the laws.  Judicial, Legislative and Executive branches of government are all carefully separated.

Whether or not this town has drawn that line down into our local zoning is not the point. 

This is a principle on which our country was founded,

as every school child learns.  It has worked well since the founding fathers.   I stand with Charlie.  This is not personal.  It is a fundamental principle of this country.

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Just a reply

Posted by Marcus Molinaro at May 20, 2008 11:41 PM
Holding the opinion that a law enforcement ought not serve on the
Town Board is different than suggesting such is a conflict of
interest.

"The question at hand is one of separation of law enforcement
(judicial and police) from that of creation and oversight
(legislative) of the laws." - K. Stewart

Paul is correct, however, Town government is not a local replica of
the federal system. There is no judicial checks and balances
established between the town courts and the Town Board. That
provision exists between state courts and town boards. This is one
of the reasons why the Attorney General (all of both parties) has
opined that no conflict exists.

Further, the Judiciary is not (law enforcement). Justices are
members of the Judicial Branch, while law enforcement officers are
members of the Executive Branch. The Legislative Branch does not
provide "oversight" or administration of laws, that is for the
Executive Branch. Because Town Boards have legislative and limited
executive responsibilities it easy to confuse.

I am certain school kids are not being taught that such occurs in
local government however.

My comments, too, are not based on party affiliation. They are based
on the stellar education received from the Red Hook Schools in
American History, Local Government and Constitutional Law... along
with a few years in college and serving in local and state government.

And, please, my name is Marc.