Town attorney for Deputy Supervisor says town code does not elevate deputy to supervisor; residents press concerns about August appointment

Town of Hempstead officials and residents debated the legal and political fallout from the Aug. 5 resignation of former Supervisor Don Clavin and the subsequent appointment of John Ferretti as supervisor.

Steven Lester, legal counsel for Deputy Supervisor Dorothy Goosby, read town code language and legal comparisons to explain why Goosby did not automatically assume the office of supervisor. Lester said, quoting the town code, “in case the office becomes the office of supervisor becomes vacant or in case the supervisor shall be absent or unable to act, the deputy supervisor in office at that time shall assume all duties and obligations of the supervisor under the town code and the laws and the town law of the state of New York and shall continue in such capacity until a new supervisor shall assume office or the absent or incapacitated supervisor shall return to office.” He added the town code “does not provide for the deputy supervisor to assume the office of the supervisor upon a vacancy in the supervisor's office.”

The statement prompted extended public comment criticizing the process the board used in August. Lynn Krug, a Garden City resident, told the board, “Mister Ferretti, your appointment to supervisor has been controversial and reflects poorly on all involved.” Pearl Jacobs of Uniondale said the appointment disrespected Deputy Supervisor Goosby and “screams of blatant racism.” Multiple speakers urged greater transparency and for the board to explain the timeline and rationale for the Aug. 5 actions.

Lester framed the legal distinction plainly for the meeting record: the deputy supervisor may “assume all duties and obligations of the supervisor” but the code’s language, and subsequent provisions, reserve the actual office to be filled by the town board or the next elected supervisor. He contrasted that municipal code language with succession provisions in the U.S. and New York state constitutions for federal and statewide offices, which provide for automatic elevation of a vice president or lieutenant governor.

Residents raised related concerns at length: accusations that the August resignation and replacement were orchestrated to provide the appointee an incumbency advantage in the November election, requests for investigations into the events and any related hiring or compensation decisions, and assertions that the public had been denied adequate notice. Several commenters referenced litigation and public-record materials; town officials declined to comment on ongoing matters of litigation during the meeting.

Deputy Supervisor Dorothy Goosby, who addressed the assembly near the meeting’s end, said she had no desire to hold the supervisor’s office and described her long record of public service and community work, noting the voting-rights litigation that led to current council districts. She said she intends to continue serving her constituents in her current role.

The board took no formal action to change succession rules during the Sept. 3 meeting. The town’s minority counsel read the town-code provision into the record and residents pressed elected officials for greater transparency; members of the public said they will continue to press the issue in the coming weeks and at the Nov. 4 election.