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A Rockland County Republican Committee Rule Precluding Elected Officials From Serving As Committee Chairperson Is Challenged In Court
THE LEGAL BEAT
Casting themselves as “aggrieved candidates,” Clarkstown Town Clerk Lauren Marie Wohl, Town Councilman Jon Valentino, Republican operative Aidan Rowan, and former Rockland County legislator James Foley, filed suit against the Rockland County Republican Committee (RCRC) in Rockland County Supreme Court last week.
The Petitioners claim that “elected” officials are being illegally barred from serving on the RCRC’s Executive Committee by an RCRC by-law that precludes elected officials from serving on the Executive Committee. Section 12(L) of the RCRC’s by-laws limits the pool of eligible nominees for party officers, providing, “Elected officials may not serve on the Executive Committee.”
The rule precludes Republicans from U.S. Congressman Mike Lawler to Republican Town Supervisors, County Legislators, and many others from running for, or serving, as chairperson. Lawrence Garvey serves as the current Chair of the RCRC and has held that position since Vincent Reda stepped down in 2014.
In practice, the current Executive Committee does not enforce the Rule, as Senator Bill Weber, an elected official, currently serves as the Treasurer of the Rockland County Republican Committee and Executive Board. Despite applying the rule arbitrarily, Petitioners argue that the Rule can be used to prevent Petitioners from being nominated and make them ineligible to hold a party leadership position.
Petitioners have asked the Court to declare the Rule prohibiting elected officials from serving on the Executive Committee null and void and to open the Executive Committee to any member of the RCRC. They argue that county committee rules cannot impose eligibility standards on candidates that are more restrictive than state law, which only requires officers to be “enrolled members of the party.” They say the more restrictive rule is invalid as a matter of law.
In support, Petitioners cite several cases from other jurisdictions that have held that the local committees cannot limit candidacy eligibility beyond membership of the committee.
Petitioners also asked the court to restrain the RCRC from holding its annual reorganization meeting until the legality of the ban on elected officials running for chairperson, vice-chair, treasurer and other elected offices, is resolved.
The significance of the lawsuit and its timing cannot be understated. State law requires County committees to meet no earlier than September 17 and no later than October 6th to re-organize and elect new officers.
The complaint specifically challenges the rule because it precludes “numerous otherwise qualified individuals from serving as chairman.”
Insiders say the by-laws had been set up to preserve the authority of the chairman, and that absent court intervention, Garvey would likely be re-elected as chairman because of the restriction on who can run. Insiders say the suit lays the groundwork to oust Garvey from his leadership position.
Rockland County Acting Supreme Court Justice Keith Cornell ordered the RCRC to appear before him on September 27, to show cause why the Petitioners should not get the relief they seek. Cornell also entered a temporary restraining order preventing the RCRC from holding its re-organization meeting and electing officers before the court could hear arguments.
Garvey, representing the RCRC, asked the court for an immediate hearing on the restraining order, saying that the order prevents the RCRC from performing its statutory duties. Absent the restraining order, the RCRC could hold elections without allowing elected officials to run for Executive Committee positions, including Garvey’s chairmanship.
Garvey also serves as part-time in-house counsel for Rockland Green earning $81,000 per year. He also represents the Town of Clarkstown in various cases, earning $191,000 from 2022 to date.
Last December, Garvey was arrested by New York State Troopers after being stopped for a broken taillight at which time he failed sobriety tests and refused a Breathalyzer test. Garvey’s driver’s license was suspended after he was arraigned in Elmsford Justice Court.
Last month, Garvey was sued by Rockland County Legislator Walter Kennelly for negligence, breach of contract and breach of fiduciary duty. Kennelly charged that Garvey mishandled a real estate transaction, added an undisclosed commission to the deal, and failed to produce a closing statement. Garvey denied the allegations and filed a third-party complaint attributing the closing deficiencies to others.
Last year, Garvey was a defendant in a lawsuit charging election irregularities in the selection of a candidate for Clarkstown Town Supervisor for the Republican Party.
