Shelter Island Town Board considers axing position of Town Attorney

In its ongoing discussion of eliminating the position of Town Attorney, the Town Board at Tuesday’s work session considered alternatives.

In the past discussions, interim attorney Steven Leventhal had explained that eliminating the full-time position didn’t mean having no legal advice. But creating the full-time position as an official of the Town could result in legal action to remove that attorney, and hiring attorneys for special assignments doesn’t create that situation, Mr. Leventhal added. It can save money and result in bringing in one or more attorneys with special expertise.

Deputy Town Supervisor Meg Larsen instead suggested hiring a full-time attorney on a two-year contract. That would provide someone working for the Town every weekday and create stability, she said.

Ms. Larsen would not like to hire an attorney, she said, who had to consider that if he or she rendered an unpopular opinion, a firing could follow at the “whims” of the Town Board.

Councilman Benjamin Dyett saw the situation differently. He made comments implying that former Town attorney Stephen Kiely hadn’t worked out well. This drew a rebuke from Supervisor Amber Brach-Williams, who said he was going where he shouldn’t since the agreement to sever the relationship with Mr. Kiely contained a “non-disparaging clause.”

Mr. Dyett went on to suggest the Town Board should try operating without a full-time officer of the Town as its attorney and see how it works out. If it wasn’t effective, the decision could always be reversed, he said.

Ms. Larsen argued that has been the case for the past several months, and while the Board agreed the experience with Mr. Leventhal has been both effective and excellent, there is still a need for an attorney every day to provide advice on issues that crop up.

Ms. Brach-Williams said she favors abolishing the office of Town attorney while Councilman Albert Dickson said he thinks not having an official Town attorney allows for flexibility.

Following several compliments about Mr. Leventhal, the attorney thanked the Board and let them know he is “not abandoning his friends on Shelter Island,” and they can call him anytime they need assistance.

The supervisor said she has his telephone number close at hand.

She noted that with conflicting views about how to proceed, a resolution to not fill the full-time position, but continue to hire attorneys as needed, should be put to a vote, likely to happen at the Aug. 11 regular Town Board meeting.