By Hank Russell
A candidate for Hempstead Town Supervisor has filed a lawsuit against the Hempstead Town Board over the appointment of the new supervisor, which he said is a “sham” and “political theater.”
Joseph K. Scianablo, the Democratic candidate for Hempstead Town Supervisor, filed a lawsuit in Nassau County Supreme Court to overturn the town board’s decision to appoint former Nassau County Legislator John Ferretti to lead the town. The announcement was made in front of the court on August 25.
The lawsuit seeks to invalidate Ferretti’s August 5 appointment, charging that the board willfully violated New York’s Open Meetings Law by secretly orchestrating Supervisor Don Clavin’s resignation, installing Ferretti as his hand-picked successor without public notice, and quietly awarding Clavin a new six-figure taxpayer-funded job. The suit named Ferretti, Town Council Members Melissa L. Miller, Dennis Dunne Sr., Thomas A. Muscarella, Laura A. Ryder and Christopher R. Schneider, former Town Supervisor Donald X. Clavin and Town Clerk Kate Murray as the defendants.
As previously reported in Long Island Life & Politics, Ferretti succeeded Clavin as town supervisor. Clavin stepped down so he could run for Nassau County Court.
Scianablo, a former NYPD officer, Queens Assistant District Attorney, and U.S. Marine, said the maneuver was nothing more than a political charade designed to deny residents their legal right to transparency and tip the scales in Ferretti’s favor ahead of November’s election.
“What happened in Hempstead wasn’t democracy, it was political theater. The script was written in advance, the stage was set, but taxpayers were locked out of the room,” Scianablo said outside the courthouse. “This is the same machine that raised taxes more than 12 percent this year — $30 million, the single largest increase of any town municipality on Long Island. And now they expect us to stay silent while they steal the Supervisor’s seat in broad daylight rather than defend it at the ballot box.”
Other allegations in the lawsuit include:
- Ferretti admitted Clavin’s resignation, and his own appointment was arranged days in advance, while his family waited in the wings in formal attire.
- The official meeting agenda made no mention of Clavin’s resignation or Ferretti’s appointment, but did quietly transfer $179,375 — the exact amount of Clavin’s salary — to another department to fund his new position.
- Town officials staged a “clerical error” break, left the room, and returned with Clavin gone, Ferretti waiting outside, and a Bible ready for the swearing-in.
- Documents for Ferretti’s appointment were already flagged for signature in a black folder on the Clerk’s desk.
In a copy of the lawsuit — obtained by LILP — Nassau County GOP Chairman Joseph Cairo told Newsday that Clavin would resign and the town board would vote on his successor. Newsday quoted Cairo as saying, “Whether he decides to resign or not, and I think that he most likely will, there’ll be a vacancy and the town board then would have the ability to appoint –– as they have done in the past.”
LILP reached out to Cairo, but did not hear back as of press time.
Attorney Josh Kelner of Kelner & Kelner, Esq., representing Scianablo, said the violations are clear-cut:
“The Public Officers Law is explicit: public bodies must give notice so that citizens can make their voices heard before major decisions are made,” Kelner said in a statement. “The Town of Hempstead’s failure to comply with this requirement constitutes a clear violation of the statute. This action seeks to enforce the law and protect the rights of all residents to transparent and lawful governance.”
In response, town spokesperson Brian Devine told Newsday that the lawsuit was “a political stunt,” adding that Feretti’s appointment was in full compliance with the law. “This is a silly and disingenuous maneuver that will cost taxpayers money as a result of Scianablo’s frivolous lawsuit.”
Scianablo emphasized that the lawsuit is not just about one appointment, but about protecting the voice of more than three-fourths of a million residents in America’s largest township.
“This wasn’t just about handing Ferretti a title, it was about handing him every unfair advantage of incumbency,” he said. “Now he gets to plaster his name on taxpayer-funded mailers, signage, and town press releases. He gets free media coverage at ribbon-cuttings and public events. He even rebranded his campaign logo to read ‘Return John Ferretti Supervisor’ the very next day. That’s not democracy, that’s rigging the game with taxpayer dollars.
“The remedy is simple: overturn the illegal appointment, open the doors, and let the people of Hempstead see and hear what’s being done in their name,” Scianablo continued. “I’m running to lead Hempstead in the open, not in the shadows. This township belongs to the people, not the party bosses.”