Voting Rights Appeal in Jeopardy After Judge Weighs In

After a federal judge said he doesn't believe Port Chester can appeal its voting rights case, village trustees say they're waiting to hear from their attorneys before making their next move.

The came in February, after the village board's Republican-Conservative majority voted to fight the federal ruling that brought cumulative voting to Port Chester. Voting along party lines, trustees hired Michael Carvin of the firm Jones Day to represent the village despite opposition from board Democrats and some residents who d to reconsider.

On Thursday, the federal judge assigned to the case seemed to shoot down the possibility of a renewed legal battle.

"My understanding of the law is that you may not appeal a consent decree," U.S. District Judge Paul Gardephe said, according to a report in today's Journal News.

Gardephe, who has replaced retired Judge Stephen C. Robinson, made the comments during a hearing in Manhattan on Thursday.

The reaction on Friday was confusion, as Port Chester's elected officials wait to hear from their own attorneys.

"I don't think anybody has a clear answer right now," said Trustee Sam Terenzi, one of four board members who voted for the appeal.

Mayor Dennis Pilla, who voted against the appeal, said he's requested a written opinion from Village Attorney Anthony Cerreto and expects to hear back next week. 

"Not one of our proudest moments in court," is how Pilla described the news on Friday. "This is a waste of money and a waste of time."

Pilla said he doesn't expect Cerreto to give the green light on an appeal, and has scheduled an agenda item for next week's trustee meeting to discuss the possibility of staggering terms for trustees. All six of Port Chester's trustees were elected in last year's historic vote, when Port Chester's citizens used the cumulative voting system for the first time.

Although residents disagree on the value of the cumulative voting system itself, both voters and trustees have said they're concerned that all six seats are up for grabs at once under the new system. 

Trustees serve two-year terms, and one big concern is the possibility of an all-rookie board if voters chose not to return any incumbents to office in 2012. Pilla and others have advocated for staggered terms as a possible remedy that would not depend on a protracted legal battle.

But in February, during an intense mayoral campaign, the board's Republicans sought to distinguish themselves by arguing the federal decision was "a black eye on the village" that could only be erased by fighting the case in court. Trustee Joseph Kenner, who led the charge to appeal the case, said it was "about doing what's right" and defending the village's reputation.

Gardephe's comments seemed to kill the possibility of an appeal before it even started. That doesn't sit well with Terenzi.

"Every attorney we've talked to has indicated we've had grounds to appeal," Terenzi said. "If we don't, I'll be a little disappointed on the advice we've been given."

Port Chester Patch left messages with Cerreto and Carvin on Friday afternoon. Terenzi said he'd e-mailed Carvin and left a voicemail with his office, but hadn't heard back as of late Friday. 

“I have not spoken to or heard from our attorneys yet so it would be premature to comment,” Trustee Bart Didden wrote in reply to a Patch inquiry.

“As you know the board took a vote, however the board always retains the Right to Reconsider any issue that a majority wishes to reconsider upon a duly made motion by any trustee or the mayor, that receives a second and passes," Didden wrote. "Then the board would be permitted to change its position.”

Although trustees said Carvin has done preliminary work on the case, it wasn't clear on Friday if he had billed Port Chester yet for hours worked. In the February vote, trustees set aside $225,000 for legal expenses related to the appeal.

Carvin's contract with the village has been signed, Village Manager Christopher Russo said. His office had "not gotten any vouchers for payment first," although Russo noted any hours billed by Carvin would go through the Village Attorney's office first.

The overall reaction Friday was confusion, particularly because the legal experts consulted by the village seemed to disagree with the judge on the possibility of an appeal. Trustees and voters will have to wait until next week for answers. 

"We didn't count on this development happening," Terenzi said. "We were sure we were ready to go."

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