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Election

Pictured above, Suffolk County Comptroller John M. Kennedy Jr. (R). Photo by Rita J. Egan

After serving in the office for the last eight years, Suffolk County Comptroller John M. Kennedy Jr. (R) is seeking reelection.

His challenger, Democratic Party nominee Thomas Dolan, is not openly campaigning and therefore could not be reached for comment.

‘I think Suffolk County still needs a shakedown.’

— John Kennedy

In an exclusive interview, Kennedy defined the function of the comptroller’s office, its central role in the fiscal stability of the county government, and why he is pursuing election to that office yet again.

He described his responsibilities as overseeing the county’s financial operations. However, the scope of the office goes well beyond this purpose, with auditing powers and administrative duties related to the former Office of Treasurer.

“It has been a great gig,” Kennedy said. “I have thoroughly enjoyed it. Eight years into it, I think we’ve been able to do some good things.” He spoke of his opponent, “I hear he’s a very nice individual.”

Kennedy said he has several programs and policy initiatives he intends to get off the ground if reelected. Among these is upgrading the county’s financial infrastructure to improve the office’s operations and connect currently disconnected frameworks.

“One of the components in that is unifying the capital budget function,” he said. “It is critical from a budgeting perspective, from a management perspective, that we bring all those disparate databases together so that we have continuity and good stewardship of our money.”

Kennedy also plans to request two additional auditors from the county Legislature to oversee the expenditures of approximately $185 million in opioid-related settlements to Suffolk County. [See story, “Suffolk County launches grant application program to fight opioid crisis,” TBR News Media, July 28, also TBR News Media website.]

“Many have said that they want to see contemporaneous oversight of the opioid settlements,” the county comptroller said. “We received $25 million [so far] … but unfortunately, there is a propensity in government for money to go to all different types of things.” 

He added, “Our electeds, our advocates, our treatment community want to make sure that there’s good, contemporaneous oversight regarding expenditure and use of those funds.”

Kennedy augmented his audit staff from 19 to 34 members during his two terms in the comptroller’s office. He viewed this as progress and committed to increasing the number of auditors at his disposal.

“I’ve been very aggressive with [hiring] our audit staff,” he said. “I think we need to do more of that. I want to bring that on in some other aspects of the office, including IT.”

Having served in this capacity for some time now, he believes he possesses the requisite experience and institutional knowledge to discharge the county’s finances responsibly.

“This is the kind of office that lends itself to almost limitless opportunities,” he said.

But it has yet to be smooth sailing for Kennedy or the public fund. Citing an analysis, by New York State Comptroller Tom DiNapoli (D), which considered fund balance and borrowing cycles, among other concrete financial measures, he acknowledges that Suffolk County ranks near the bottom among the state’s 62 counties in terms of fiscal responsibility.

“It’s indisputable that going back two or three years ago, we were the 62nd in ranking out of all 62 counties in the state of New York,” Kennedy said. “The most recent evaluation has moved us up.”

Despite Suffolk’s checkered financial record, the comptroller believes this assessment requires further context. He contends the analysis measures Suffolk against other counties throughout the state, which are less populated and with budgets dwarfed by Suffolk County’s $3.8 billion annual budget.

Instead, he favors an “apples to apples” method of comparing the county’s finances to those of the “Big Five”: Suffolk, Nassau, Erie, Monroe and Albany counties.

“They’re the largest concentrations of cities, budget size and municipal function,” he said, adding, “We’re somewhat comparable with them.”

Still, Kennedy supports “serious fiscal reform,” stating that he intends to embark upon a “shakedown” of the county government.

“I think Suffolk County still needs a shakedown,” he said. “The underlying platform and premise for us is unsustainable. Unless we do something to address the proliferation of things that we have — and the areas where we’re not delivering services adequately — I think we will be destined for serious financial strife in ‘24.”

The county government may be able to get through the 2023 fiscal year comfortably, according to Kennedy, due to substantial financial reserves generated during the COVID-19 pandemic. However, he foresees those reserves drying up and the effects to be felt within a year. 

“We are on a runaway train with inflation,” he said. “We are seriously, seriously compromised internally in our financial structure.”

Throughout the interview, Kennedy named several individuals with whom he disagreed on policy grounds. In the face of these differences, he finds that he still manages to build bridges across the aisle and discover common ground. 

“The middle [of the road], registered, undeclared [voting population] keeps growing,” he explained. “My sense with folks that are in that category is they want to talk about the issues, hear about what’s important to them, and know what you’re going to do with the opportunity they give you.”

Kennedy asserted that the general public is decreasingly tolerant of partisans and political extremists. Instead, the regular voter thirsts for tangible results from the government. The county comptroller says his efforts to reach across the aisle have generally been reciprocal.

“What I’m talking about with them is the operations, the nuts and bolts of government,” he said. “I’m not talking about whether you’re pro-abortion or pro-life, or whether you believe in cashless bail or whether you want to legalize heroine.”

He added, “I’m talking about how to pay bills, how to recruit and keep talent, how to do the things necessary for the vast majority of people that interact with the county government.”

Whether Kennedy will apply his “nuts and bolts” political philosophy to other realms of the county government is still to be decided. Next year, the highest post in Suffolk County, the office of county executive, will be up for grabs.

Kennedy received the Republican nomination for county executive in 2019, but was defeated by incumbent Steve Bellone (D). When asked if he would pursue that office again, Kennedy responded, “We’ll see what the future brings.”

METRO photo

By Daniel Dunaief

Daniel Dunaief

Are we coming apart together, coming together apart or just coming apart? The first in that list, coming apart together, gives us a chance to feel connected to others. By coming apart together, we are acknowledging the challenging year we’ve had and continue to have.

Without offering specific solutions, it helps to know we’re not alone and that, perhaps, through the together part, we can manage through conditions that are far from optimal, including the separation we feel from so many people we need in our lives.

Now, if we’re coming together apart, we are focusing on the fact that we can be, and are, together first, before we also admit that we may be hundreds or even thousands of miles away from people whose hugs, smiles and laughter fill the rooms we share. Zoom, FaceTime and other modern conveniences make it possible for us to see each other’s faces, even though the image of the other person can feel flat compared to the reality of sharing time and space.

The third of those possibilities, just plain coming apart, enables us to throw up our arms and acknowledge the reality of our world. Many children are home most, or all, the time. Parents are still working through
Zoom, looking at small squares of people on computer screens for way too many hours during the day. The sameness of each day can become tedious and wear on our nerves, especially during this time when we’d typically plan for family visits.

And, of course, without passing any specific judgment, the hot button election continues to drive wedges among families, friends and neighbors, who can’t imagine how the other side fails to see the obvious realities their favorite anchors or faux news and commentary shows echo each day.

It’s agonizing to see how the differences between camps have become a defining feature and have stirred a sense of frustration and antipathy for the other camp.

Where are the adults in the room? For so long, the country brought together people from different backgrounds, uniting us under the umbrella of an American Dream that was available to anyone who worked hard enough for it.

Our sports-crazed culture believed in the winners they cheered for and used their teams as an inspiration to get ahead, to put more into their craft and to try to win the battle for original ideas. Even fans of hated rivals acknowledged the skills and remarkable games they witnessed from their rivals during heated playoff series. I always rooted against Red Sox great Carl Yastrzemski, but I also recognized his incredible talent.

Will a vaccine enable us to come together, together? I hope so. Next year at this time, if we have returned to some level of normalcy that allowed us to visit with our friends, to celebrate weddings, graduations, birthdays, and newborns, we will have the structural opportunities to spend time indoors, even in crowded rooms, and support each other.

Between now and then, ideally we’d plant the seeds that enable us to move forward together. We are not an archipelago nation, separated from each other by the ideological, religious or other labels. We do best when we play to the strengths of a workforce dedicated to getting ahead, to providing for our children and to helping the country even as we help ourselves.

While many of us are physically apart, we can try to reach out to family, friends, and neighbors, even if their ideas temporarily baffle us. We can come together if we are there for each other and if we listen to views outside our own.

The Belle Terre village board. File photo by Kyle Barr

Two seats are up for Village of Belle Terre trustee positions, where two incumbents and one newcomer are looking for residents’ votes come June 18.

Judy Zaino

Judy Zaino

Zaino, an incumbent and longtime Belle Terre resident, is looking for another two years on the board.

She is a 21-year resident of Belle Terre and said she became extremely active in village life after she retired in 2005. 

Prior to being on the board, she was involved with the Belle Terre Community Association working alongside the village to augment various projects, including redoing the wall in front of the Belle Terre Community Center, parks projects, garden tours and other programs.

“In my own opinion, giving back to your community is a very noble thing to do,” she said.

After being asked to be trustee by the board, she said the village has been working on road and drainage repairs, erosion control on village property, maintenance of the community center and managing the beach, which is used by both Belle Terre and Port Jefferson villages.

In addition, she said the village is in the midst of upgrading the beach facilities with handicapped bathrooms and upgrades to the existing building, and she said she has worked, along with the rest of the board, in getting the cell tower in Belle Terre up and running.

“For the safety of the community, if you lived in one part of Port Jefferson and your teenager was somewhere else, you had communication with them because of the cell service,” Zaino said. “Prior to that it was really spotty.”

She said that she, and fellow incumbent Richard Musto, have been frontrunners on dealing with the deer and tick issue in the village.

Dr. Richard Musto

Dr. Richard Musto

As a resident since 1984, Musto is looking to continue his efforts on the board for the third year and his second term.

Musto, who has held several leadership roles in urology in hospitals across Long Island and is now retired, said he got onto the board through a desire to know what was going on in his hometown. He was asked to fill in the term of one retired trustee and was elected in 2017 to the board.

“I went to meetings and started asking questions, so they asked if I would like to be on the deer committee,” he said. “I’ve always been on committees, so it was really kind of interesting and fun to do.”

After his work on the deer committee, he said the village has been looking for ways to decrease the tick population, and officials have been in contact with the New York State Department of Environmental Conservation and the U.S. Department of Agriculture.

He said he has also become involved in village security through its security cameras. He said the village is also looking at certain roads and looking to upgrade amenities at the village beach.

“I find it extremely interesting to find how a local government works,” he said. “I find it amazing for such a small village to see all the things that are involved and all the things you have to be aware of and know about.”

Dr. Caroline Engelhardt

Dr. Caroline Engelhardt

Newcomer Engelhardt, a 23-year resident of the village, said she is running to try and put a little energy behind village policy. She said she is uncommon in Belle Terre, as other candidates have been appointed to the board after other trustees retire instead of being elected to the position.

“We have the same people running all the time — I’m actually running as a candidate,” she said. “I’m running because I want to see change in Belle Terre.”

Engelhardt said now that her youngest daughter is out of the house in college, she has time to work for her village. She is a practicing anesthesiologist with degrees from New York Institute of Technology College of Osteopathic Medicine, and said she is a community-minded person who works to make people feel better. 

“I’ve been taking care of the community medically for 25 years,” she said. “I have a lot of energy. I can be seen walking through the village at 5 in the morning.”

She’s running on several points. One is to add more amenities to the beach, such as looking to bring in a food truck that could help feed people as they’re enjoying the sand and surf. She also said she would focus on getting roads repaired and working with the Long Island Power Authority to clear tree limbs hanging near power lines. In terms of erosion, she said she is wary of any sort of wall being built without careful consideration and was especially concerned that a wall would stop erosion in one location and create more erosion in another. She said she would like to see the village form a committee in order to deal with erosion on village property.

“We have to protect that property,” she said.

The vote will be held at the Belle Terre Community Center on 55 Cliff Road from 12 to 9 p.m. June 18. 

Suffolk County Executive Steve Bellone has called on residents to donate PPE for health care workers and first responders. File photo by Kyle Barr

Suffolk County financial reform has leaped to the tops of the minds of members of both parties in county government.

County Executive Steve Bellone (D) announced proposals aimed at strengthening Suffolk’s financial future at a press conference in Hauppauge Feb. 27. As part of the Securing Suffolk’s Financial Future Act, Bellone proposed amending the county Tax Act to allow the county to collect tax revenue that is owed in January, instead of waiting until June. Officials said the plan is the latest in the county’s efforts to streamline operations and be more efficient. 

Bellone said the goal of the plan is to help strengthen the county’s financial condition going forward. 

“It would ensure the county would get tax revenue that it is owed at the beginning of the year instead of waiting until June and [being] forced to borrow funds.”

— Steve Bellone

“When we look at planning ahead, looking beyond where we are today and thinking about where we’ll be five, 10, 15 years down the road — it’s important that we do that,” the county executive said. 

The plan would build upon previous undertakings by the county, which include bipartisan efforts to bring the county in line with the best finance practices set forth by financial experts from the Office of the New York State Comptroller and the Government Finance Officers Association, according to Bellone. 

In doing so, the county would press to amend the Tax Act, which would require state legislation. The county executive said the 100-year-old law is seriously outdated.

“It would ensure the county would get tax revenue that it is owed at the beginning of the year instead of waiting until June and [being] forced to borrow funds,” he said. “This is an issue that crosses party lines, this is not an issue that is partisan or [one] that should be partisan.”

The county executive called for the authorization of a four-year budget plan, which would allow the county to focus on long-term projects as well as updated debt management and fund balance policies. New computer software will be purchased to enhance transparency and
accountability.

Suffolk Comptroller John Kennedy Jr. (R), a known critic of Bellone, announced plans in February to run for county executive in November. His campaign has attacked Bellone on the current state of the county’s finances, placing a lot of the blame on his Democratic contender for a downgrade in Suffolk’s bond rating and for raising county fees. 

Kennedy said Bellone is just attempting to look fiscally responsible.

“Steve Bellone doesn’t know how to spend less,” Kennedy said. 

In a Jan. 31 TBR News Media article, Eric Naughton, Suffolk’s budget director, said while the county’s bond rating has dropped, Kennedy were “overstating” the impact. He said Moody’s, which gives the bond grades to municipalities, was only looking at the past and not the future. Kennedy has said he plans to consolidate county offices in order to reduce taxes.

Legislator Rob Calarco (D-Patchogue), deputy presiding officer, said fiscal responsibility is the top priority when talking about taxpayer dollars. 

“These policies that we are laying out are common-sense ways to ensure that we are transparent with the public,” he said. 

The county executive also called for re-establishing an insurance reserve fund, originally created in 1980, which would assist in paying unexpected legal expenses. There was a call as well to reorganize the county’s audit joint committee and add more members. 

“Steve Bellone doesn’t know how to spend less.”

— John Kennedy Jr.

Bellone said the changes would allow for a more robust and diversified review of the fiscal condition of the county. 

Deputy County Executive Jon Kaiman (D), who helped piece the plan together along with a team from the county executive’s office, said its goal was to figure out how Suffolk County can be best managed and reach its fullest potential. 

“What we can do is to present reform in a manner to get the best out of what this county can offer,” Kaiman said. 

County officials indicated legislation has been filed and expect a hearing to be set at the end of March and the proposals could be up for consideration into law sometime in April. 

Rona Smith is challenging Anthony Palumbo for his New York State Assembly seat. Photos by Alex Petroski

The North Shore’s easternmost New York State Assembly District — which juts as far west as Mount Sinai and portions of Port Jefferson — has been represented by an incumbent Republican since 2013, and a first-time candidate for political office is seeking to unseat him.

Assemblyman Anthony Palumbo (R-New Suffolk) was elected in a special election to represent the 2nd District in 2013 and won subsequent races in 2014 and 2016. The 48-year-old practicing lawyer will be challenged this Election Day by 73-year-old Democrat Rona Smith, a newcomer to politics from Greenport with government experience, as she currently serves as the chairwoman of the Housing Advisory Commission for Southold Town.

The candidates sat down for a debate at the TBR News Media in Setauket in October to discuss issues impacting the district.

Health care

The future of health care is at the top of minds for candidates in federal and state races alike this cycle, likely because it’s on the minds of their common constituents. State law can be used in conjunction with federal law regarding health care, meaning the legislative houses of New York’s government will have an opportunity to stabilize health care policy for its residents as the federal Affordable Care Act waits in limbo for a bipartisan solution in Congress.

Democrats in the Assembly have passed a single-payer health care bill — meaning essentially everyone in the state would pay into a pool and everyone would be covered — which has gotten no traction in the state Senate, controlled by Republicans, and appears unlikely ever to become the law.

As the ACA suffers, Palumbo said he would suggest some simple tweaks to improve the current system, rather than implementing a single-payer bill, which he said he believes will be too expensive.

“When you think about the numbers, we’re talking about 900,000 people in New York state are uninsured — they’re between the Medicaid gap and the private insurance gap — that’s 5 percent,” he said. “Not a lot I think, generally speaking.”

He suggested bringing back the Family Health Plus option, a subsidized plan for low-income individuals, which wasn’t available under the ACA, rather than “overhauling” state tax code to afford a single-payer scheme.

“Nothing comes off the shelf perfect,” Smith said of both the ACA and the single-payer bill passed by the Assembly. “They’re not perfect, they’re attempts to try to make sure that everybody — rich, poor, old, young — has health insurance they can depend upon for any health need that comes up. We have got to figure out how to do it.”

Affordability and opportunity

The candidates agreed there are obstacles for people — but especially recent college graduates — for being able to live and prosper both in the district and in the county as a whole. The problem will only be exaggerated going forward by the capping of state and local tax deductions, a component of the new federal tax code bill that will disproportionately impact homeowners in high-tax states like New York.

Smith said she would home in on reducing student loan debt as a means to foster more affordability, in addition to investment in more affordable housing projects for low-income individuals, a plan she said Democrats in the Assembly are already working on.

She said students need access to mandated, objective advice when it comes to borrowing and affording college, rather than just input from for-profit loan collection businesses.

Palumbo said New York’s susceptibility to outward migration can be traced to out-of-control budgeting and spending.

“It’s conservative fiscal values that we need to have,” he said.

He said the Assembly has been working on a solution to mitigate the capping of the SALT deduction at $10,000, though so far the IRS has not blessed any of the fixes.

Infrastructure investment

Investing in projects that could stimulate the local economy is seen as a solution by members of both parties. Currently legislators in New York are gathering funds to study the feasibility of electrifying the Long Island Rail Road east of Huntington on the North Shore line, an idea many have suggested to increase opportunities for people to live and work in the area.

“I think investments in infrastructure always come back in salaries and benefits for people,” Smith said. “It might make housing more accessible.”

She said electrification might be the answer, but the state’s economy could be better served by using the LIRR to ship freight, an idea that would allow farmers and vineyards on the East End to ship fresh products beyond the direct vicinity.

Palumbo said he would go in another direction instead of committing major funds to electrify the LIRR line. He said he would like to see the results of a study examining LIRR ridership to the East End before going down that road and would prefer to see smarter leadership from the Metropolitan Transit Authority when it comes to train schedules and usage.

He also called on school districts to examine ways to scale down spending, which is the largest driver of increasing property taxes.

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There is a lot of stress in our lives these days. Stress envelops us. One man I know complained that even in his home, he does not feel stress free. When he puts on the television or radio, the now-commonplace partisan viewpoints surround him. And that is the least of it. The horrific shooting in a Pittsburgh synagogue, pipe bombs sent to at least 15 different targets perceived to be Democratic in nature throughout the United States, the shooting at a school in North Carolina and more make up some of the news just this past week. There seems to be no escape. Even conversation with customers or spouses inevitably touches on the daily stressful events.

Surely there have been times of even greater stress in our country. World War II comes immediately to mind. The Cold War, with regular air raids, was another. The Cuban Missile Crisis was yet another. But these were all threats from outside: from the Nazis, the Japanese, the Soviet Union. The stress today, whether rhetorical or physical, is domestic and aimed by Americans against other Americans. Worst of all, as political partisans denigrate opponents and gun violence becomes tragically routine, there doesn’t seem to be an end in sight.

Can we learn to manage the stress in our lives? The Harvard Women’s Health Watch advises that we can. In the August issue, published by a division of Harvard Medical School, physicians offer some information about stress and its effects. They also give some suggestions for coping with stress.

First the information. “It’s not uncommon to feel disorganized and forgetful when you’re under a lot of stress,” the article, “Protect your brain from stress,” explained. “But over the long term, stress may actually change your brain in ways that affect your memory.” Because stress can influence how the brain functions, including not only memory but also mood and anxiety, it can cause inflammation. This in turn can affect heart health. Thus stress has been associated with multiple chronic diseases of the brain and heart, according to Harvard physicians.

The brain is not just a single unit but a group of different parts that perform different tasks, according to the Harvard article. When one part is engaged, researchers believe that other parts may not have as much energy for their specialized functions. One example is if you are in a dangerous situation, the amygdala section takes over to ensure survival, while the energy level in parts having to do with memory or higher-order tasks recedes. Hence you might be more forgetful when stressed.

“There is evidence that chronic (persistent) stress may actually rewire your brain,” according to the research, as if exercising one section makes it stronger while other sections, like that having to do with more complex thought, take “a back seat.” Such brain changes may be reversible.

There are various kinds of stress. For example, one feels differently before taking a big test compared with that experienced in a car accident. More stress is worse, and long-term stress is generally worse than short-term stress, according to the physicians. Unpredictable stress is worse than stress that can be anticipated. Chronic stress can be more challenging than one that will end shortly. Feeling supported by others most likely mitigates stress effects.

So here is some advice from the Harvard publication on how to cope with stress. Establish some control over your situation such as by setting a routine. Get organized. Get a good night’s sleep — hard to do when stressed but going to bed and waking up at the same time each day helps, as does avoiding caffeine and creating a relaxing sleep environment. Get help, sooner rather than later. And try to change your attitude toward stress by striving for healthier responses to stress. Use its effects, if you can, to high power you to a goal. Like voting.

And I say, turn off the television and the instant news briefs on your cellphone for some quiet time each day.

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Will we be better than our political leaders this year?

For starters, will we get out and vote? It is one of our most important civic duties and responsibilities. Not to sound like a pedantic parent, but people risked their lives long ago so that we could become One Nation Under God. If we don’t vote, are we sending a message to our politicians that we are indifferent until something doesn’t go our way?

How can we possibly complain about the people in Albany or Washington in our representative democracy if we didn’t bother to interrupt our busy schedule to elect people who will make decisions for us?

This election isn’t about any one person, and it shouldn’t be. This isn’t a referendum on anyone other than us.

We have to make informed choices, but, even that is not enough. This year, it seems especially important to vote for the strong, courageous and thoughtful individual.

At this point, we have come down to two parties. It’s the Democrats, who say “no” to everything, and the Republicans, who, in unison, say “yes.” Our politicians shouldn’t be on two diametrically opposed teams — this country is filled with people from every team and walk of life.

It’s stunning how unified both parties are. That doesn’t seem especially valuable to the country. After all, shouldn’t Democrats know a good idea when they see it, and shouldn’t Republicans stop something they don’t think will work?

We are a country of rugged individuals. Our system of national and state governments started when people wanted more freedom from taxes, religious persecution and class systems with relatively limited mobility.

How much freedom are we exercising if we vote “all blue” or “all red,” without knowing the candidates, their positions or their ability to differentiate themselves from their party by making their own choices?

The parties have become caricatures of themselves. They are no longer a collection of ideas coming together, compromising and protecting a wide range of people: They seem to exist for their own sakes and for a specific subset of their party.

Wouldn’t it be incredible if a Democrat promised to support some Republican platforms or ideas? Wouldn’t it be refreshing for a Republican to propose something that ran contrary to their hierarchy?

Where are the men and women with big ideas, who can irritate their own party while gaining reluctant appreciation from the other side of the aisle? Since when did everyone in Washington feel like they had to be the Montagues and the Capulets in “Romeo and Juliet”?

Were Shakespeare alive today, I suspect he would have had a field day with the bickering, finger-pointing and bipolar world of politics.

If we vote along party lines, does it really matter what name is attached to the ticket? If we do, are we sending a message that we’d like our representatives to do the same thing?

Maybe, especially for this election, we should scrap the entire notion of party affiliation. After all, we’re better than a mob. Some time between now and the election, we all should get to know the candidates. If we have a chance to speak with them, we should ask them if they’re going to fall in line with other members of their party or if they’re going to think for themselves. We shouldn’t have to elect a party with each choice at the ballot. Instead, we should elect an individual who thinks for him or herself the way we do.

We should show our politicians how it’s done, by making informed choices and then asking them to do the same.

Scully and Whelan face off in Democratic Primary Sept. 13, but they could meet again in the general election

Theresa Whelan and Tara Scully discuss their Democratic primary race, which takes place Sept. 13, during an exclusive interview at TBR News Media in Setauket Sept. 6. Photos by Kyle Barr

By Kyle Barr and Alex Petroski

Political races for local judgeships don’t tend to garner much attention, but the 2018 race to preside over Suffolk County’s Surrogate’s Court is breaking the mold.

Judge John Czygier Jr., who currently oversees the county’s Surrogate’s Court, is nearing the mandatory retirement age, leaving a vacancy candidates Tara Scully and Theresa Whelan are competing to fill. The position, which yields a salary in excess of $200,000, carries a 10-year term, and the occupant may serve until age 70. The candidates face off in the Democratic primary Sept. 13 for the party line in the general election.

The situation has drawn criticism far and wide, largely on the practice of cross-party endorsement deals. The candidates sat down Sept. 6 for an exclusive interview with TBR News Media’s editorial staff to set the record straight.

What is Surrogate’s Court?

Surrogate’s Court is responsible for handling all issues involving wills and the estates of people who die. The court also handles guardianship hearings and some adoption cases for children whose parents are deceased. Each of New York state’s 62 counties has one surrogate judge except New York and Kings counties, which have two each. The court’s rulings can involve large amounts of money, making it uniquely susceptible to political patronage.

Scully and Whelan both said they have the utmost respect for Czygier and seek to continue his legacy and practices.

“Surrogate’s Court is there to help families when they can’t really help themselves,” Whelan said. “It has to be fair.”

Scully stressed the importance of having empathy in Surrogate’s Court.

“It’s a sanctuary and it needs to be treated like that,” she said. “People there are dealing with extremely difficult issues.”

Family Court Judge Whelan vies for nod

“I thought that it was important that an actual Democrat represented the Democratic Party in this race.”

— Theresa Whelan

Whelan, 56, a Wading River resident, said she is throwing her hat into the ring for the Democratic nomination because of her qualifications and experience.

“I have the bench experience,” Whelan, a registered Democrat, said. “I thought that it was important that an actual Democrat represented the Democratic Party in this race.”

The nominee took the bench in Suffolk County Family Court in 2008, before becoming the supervising judge in 2016. There, she hears primarily abuse and neglect cases. Her responsibilities include overseeing nine judges and seven support magistrates in two courthouses.

“I have assisted hundreds, if not thousands of children to be successfully reunited with their parents,” Whelan said. “And if that’s not possible, we try to find them another loving option.”

Since 2009, Whelan has led Suffolk County’s Child Welfare Court Improvement Project, an initiative to address court practices when a child is removed from a parent’s care while trying to ensure their safety and well-being.

The nominee said she is an active member of the Suffolk County Bar Association and often lectures for them. She co-chaired Suffolk’s Family Court & Matrimonial Law committee for three years and is a former president of the Suffolk County Women’s Bar Association. Whelan’s husband, Thomas, is also a judge, currently serving as a Suffolk County Supreme Court justice.

Despite current calls for an end to party patronage, Whelan said the position she’s running for is not a tool to fix the political system. She hopes to win on her own merits.

“I have support of statewide judges, the chief judge, the administrative judge, the bar association, etc. [in my roll on the Family Court],” the nominee said. “I stand here as my own candidate.”

Scully cites her experience in elder law

Scully, 41, of Setauket, said she’s seeking the Democratic nomination after calls by Newsday and other elected officials to challenge the patronage system affecting this and other judicial races.

A registered Republican, she pointed to her years working in elder law as part of the experience she can bring to the Surrogate’s bench.

“I do recognize I have an uphill battle,” Scully said. “But I love the Surrogate’s Court, and I believe the sanctity of our courts has to be preserved.”

Scully started her career working in the executive chamber of former New York State Gov. George Pataki (R), before serving as counsel in guardianship proceedings for the state’s Appellate Division’s Mental Hygiene Legal Service. Like Whelan, she also is a former president of the Suffolk County Women’s Bar Association.

Scully began her Port Jefferson-based practice in 2011 focusing on elder law. She said she has extensive experience in estate planning and administration, asset protection and guardianship proceedings, all of which she said would be important knowledge for Surrogate’s Court. Like Whelan, Scully also has political connections in the family as her father, Peter Scully, has name recognition in Suffolk County. He previously served as the regional chief for the New York State Department of Environmental Conservation and currently works as one of County Executive Steve Bellone’s (D) deputies.

Tara Scully said she often provides free legal representation for indigent seniors, veterans and those with disabilities.

“I have a poor business sense in the amount of pro bono work I take on,” Scully said.

In 2015, Scully ran for Brookhaven Town District Court judge where she said she saw firsthand the way party patronage has entwined itself with politics after turning down a cross-endorsement deal. She lost by 173 votes.

“I was so green I didn’t realize at the point that in many circumstances it was business as usual,” Scully said. “I think a lot of people were upset with me that my gut reaction was revulsion.”

Political backstory

“Cross-endorsement deals are dictating who our judicial choices are, and the voter is unaware an individual without political backing, without a political upbringing or allegiance to political parties is never going to take the bench.”

— Tara Scully

Although judges are expected to set aside their personal beliefs, politics has marred the race, though not necessarily thanks to the candidates themselves. Neither Whelan nor Scully were involved in this race as of early summer. Newsday reported earlier this year District Court Judge Marian Rose Tinari, who is married to Conservative Party chairman, Frank Tinari, and is a Conservative herself, had secured the Democratic Party line in the Surrogate’s Court race as a result of a deal with Suffolk Democratic Party chairman, Rich Schaffer, which was one of many similar deals between Suffolk party bosses.

In June, Newsday ran an editorial in the form of a want ad, calling for a candidate “with a backbone to resist pressure from political bosses,” in response to the cross-endorsement of Tinari. Scully said she sprang into action as a result of the editorial to meet a tight deadline, and garnered enough signatures to run as both a Democrat and Republican. With a primary challenger stepping up to the plate, Tinari withdrew. Democrats then selected Whelan, who called herself a lifelong Democrat, as their candidate.

Scully has argued her decision to enter the Democratic primary — despite being a registered Republican — has provided voters with a more transparent choice than if a Conservative had remained on the Democrat line.

“I think the real point is six weeks ago, eight weeks ago, the Democrat candidate was a Conservative, and Democrats would go in and vote and not have any idea that the individual they’re voting for is not in line with their party philosophies,” Scully said. “Cross-endorsement deals are dictating who our judicial choices are, and the voter is unaware an individual without political backing, without a political upbringing or allegiance to political parties is never going to take the bench.”

Whelan argued that voters are equally in the dark with a Republican in a Democratic primary. If she loses Thursday, there will be one name occupying both major party’s lines come November, as Scully has already been penciled onto the ballot by the Republican Party. Whelan joked when voters enter booths Sept. 13 they’ll simply be deciding between two Irish last names with little knowledge of the politics. She also took issue with Scully portraying herself as “standing up for Democratic principles” on her campaign site.

“If I don’t win the primary, voters don’t have a choice, and I think that’s fair to say,” Whelan said. “I’m presenting myself as a Democratic Party member and the experienced judge, so that Tara and I can actually have a real election on Election Day, and I think that’s what she was trying to accomplish in the beginning.”

This post was updated Sept. 11. This post was updated Sept. 12 to clarify a quote from Whelan.

Mike Yacubich is hoping to run for the New York State Assembly, but is tied up fighting challenges to his petition. Photo from Yacubich's campaign website

When a Shoreham resident decided to bestow his first name upon his son 25 years ago, no one could have predicted the obstacle it would create for him running for office decades later.

Though an appeal could still be heard this week, the New York State Supreme Court Appellate Division ruled in favor of Republican Mike Yacubich, chief of the Rocky Point Fire Department, who wants to represent New York’s 2nd Assembly District, in a decision levied Aug. 24.

The would-be candidate garnered enough signatures on his petition to be placed on the ballot for the Sept. 13 primary, but was challenged in court by three citizen objectors in the district. The objectors argued that since two Mike Yacubichs — father and son — have lived and are registered to vote at the same address, those who signed the petition approving the elder Yacubich as a political candidate couldn’t have distinguished between he and his son, who also goes by Mike. The argument was heard by the Republican and Democratic commissioners of the Suffolk County Board of Elections —Nick LaLota and Anita Katz, respectively — who brought the case to the Suffolk County Supreme Court. The lower court initially ruled against Yacubich, who then appealed and won to restore his name to the ballot.

“The board exceeded its authority when it invalidated the designating petition on the ground that it could not identify which registered voter was the candidate,” reads the unanimous decision reached by four appeals court judges. “There was no proof that Yacubich intended to confuse voters, or that any voters were confused as to his identity.”

Yacubich hopes to challenge incumbent Anthony Palumbo (R-New Suffolk) in the primary for the right to represent the Republican party on the general election ballot in November, barring an appeal to the Aug. 24 ruling being filed by the objectors this week.

“It’s satisfying to try to be moving forward here, but apparently it’s not meant to be until we can finalize this process,” Yacubich said. “It does make it a little bit difficult, but we’re committed to the program.”

The political hopeful said he couldn’t believe there would be any confusion as to who was running given people in the community know him as “Mike” or “Chief Mike” at the fire department in addition to his past service on the Shoreham-Wading River school district board of education. He added that his son hasn’t lived with him for more than two years.

“I think our argument has been and still is there is no confusion as to who the candidate would be,” he said. “Certainly, my son is not a chief in the fire department, an accountant, has never been a member of the school board.”

A senior official at the BOE, who asked not to be named as the issue continues to be played out in court cases, said the candidate complicated the matter by going with a shortened version of his first name — Mike instead of Michael — as well as opting not to include a middle initial on his petitions, which would have served as a delineator between the father and son.

“If you are attempting to be a state Assembly member, someone responsible for passing laws, details matter,” the official said, adding that the mix up shows a lack of experience on the part of the candidate and his campaign team.

Yacubich rejected the notion the mix up had to do with a lack of experience.

“How could they expect anybody from the public to get through the process if these are the hoops they have to jump through to get on the ballot,” he said. “To be thrown off the ballot for a technicality such as this [is] just unreasonable.”

Brookhaven Town Supervisor Ed Romaine. File photo by Erika Karp

Although politicians in Brookhaven Town are not up for election this cycle, voters will be asked a question with long-term implications for town government in November.

Brookhaven Town board voted unanimously to establish a referendum on the ballot Nov. 6 asking town residents to weigh in on changes to terms in office for elected officials, specifically increasing terms from two years, as is currently the law, to four years for councilmembers, the supervisor and highway superintendent. The referendum will have a second component as part of the same yea or nay question: limiting officials to three terms in office. That component would impact the above positions, as well as town clerk and receiver of taxes. Both components will appear as part of a single proposition, according to Town Attorney Annette Eaderesto. Putting the issue up to a vote was established as a result of an Aug. 2 public hearing. If passed the law would go into effect for terms beginning Jan. 1, 2020.

“[The voters] have, in the past weighed in, and whatever they weighed in to is not being listened to now,” Supervisor Ed Romaine (R) said during the hearing. “Maybe that’s fine with them, maybe it’s not, but I would like to go back and ask them, ‘what do you think?’”

In 1993, residents voted to implement a limit of three, four-year terms on elected officials, though that law was no longer applicable following a 2002 public vote to establish council districts, as state law dictates councilmembers in towns with council districts serve two-year terms, according to Emily Pines, Romaine’s chief of staff and a former New York State Supreme Court justice, who spoke during the hearing.

Several members of the public commented in opposition of various aspects of the referendum, saying the two components should be separated to be voted on individually; there’s not enough time to untangle issues with the language of the law, like what to do with an individual who served as a councilperson for 12 years and then is elected to another position such as supervisor; and how to handle time already served by current members. Others cited shorter terms as fostering more accountability for elected representatives.

“I think it’s too complex to be one resolution,” said Jeff Kagan, a resident and representative from Affiliated Brookhaven Civic Organization. “I think you’re asking the voters to vote on somethings they like and somethings they may not like.”

Anthony Portesy, the Democrat candidate for town highway superintendent in 2017 and a private attorney, spoke against extending terms to four years, but said he would be in favor of three years because having to campaign every two years can be “arduous.”

“While I’m not opposed to the extension of terms per se, four-year terms is an eternity in politics, too long for hyperlocal town races,” he said. “We don’t want to create electoral feudalism in Brookhaven through the coercive powers of incumbency.”

Patchogue Village Mayor Paul Pontieri spoke in favor of going to four-year terms during the hearing about having to run for office every two years, saying it can get in the way of accomplishing goals set forth at the beginning of a term. Romaine and councilmembers Valerie Cartright (D-Port Jefferson Station), Jane Bonner (C-Rocky Point) and Kevin LaValle (R-Selden) each expressed similar sentiments when asked if they intend to support the idea in early July when the public hearing was set.

“You don’t have the constant churning in politics that can sometimes undermine the system,” Romaine said. “It allows for long-range planning and programs. It takes the politics out of local government.”

Eaderesto said the town’s law department will draft the wording as it will appear on the ballot in November and share it with the town board prior to submitting it to the Suffolk County Board of Elections by Oct. 1.