Great Neck trustees vote to hire law firm in dispute over vacant library seat

Several members of the Great Neck Library board of trustees voted to retain an outside law firm to defend themselves against a complaint, filed by a fellow trustee, claiming that a vacant board seat was filled in a manner that violated the library’s bylaws.

The five trustees — Weihua Yan, Liman Mimi Hu, Kathleen Gold, Scott Sontag and Josephine Mairzadeh — voted 5-0 to hire Manhattan-based law firm Greenberg Traurig LLP at a special meeting on Sunday. Library officials said they had no comment to Newsday’s inquiry about the cost to retain the firm. Trustee Barry Smith, a plaintiff in the complaint, recused himself from the vote.

While reading the resolution, Gold noted that the library’s general counsel, Stephen Martir of Bee Ready Law in Mineola, could not "appropriately represent" the defendants because of the conflict among trustees. The resolution stated the pending litigation presented an emergency, which is not subject to the library’s procurement policy and therefore would not need to go out to bid.

"Whereas the board determines that any delay of advice of counsel could be harmful to this board and the library, and could damage its position in pending litigation," Gold read.

The seat was left vacant after the board accepted Chelsea Sassouni’s resignation on Sept. 14. According to the library’s bylaws, when any vacancy occurs, the library’s nominating committee has 60 days to submit two or more names to the board and the board shall elect one of the options.

Smith, along with trustee-elect Donald Panetta, members of the library’s nominating committee Marietta DiCamillo and Marianna Wohlgemuth, and Great Neck resident David Zielenziger are plaintiffs in the case.

The complaint, filed in Nassau County Supreme Court in Mineola on Jan. 3, states that by appointing Jenni Lurman on Dec. 21, a candidate not recommended by the library’s nominating committee, the board was in "malfeasance, misconduct, and a breach of their fiduciary duty and contract with the Library membership." The complaint seeks to have the defendants abide by the library's bylaws.

Lurman resigned from the board on Dec.30, according to the complaint.

Brian Stolar, an attorney for Garden City-based Meyer, Suozzi, English & Klein PC, who represents the plaintiffs, sent the trustees a letter on Dec. 15 demanding they not fill the vacancy. He noted that the board would be violating its bylaws by interviewing and selecting a person not recommended by the nominating committee.

Library board president Yan told Newsday last month that the board received two nominations for the vacant seat and immediately eliminated one after several trustees raised strong objections. He said the other candidate was interviewed, but a majority of the board wanted to interview more people. Panetta's name was also in given, but he withdrew after winning a seat on the board in an October election.

Yan noted that the board requested additional nominations from the nominating committee, but did not receive them within the 60 days.

Yan said the trustees opened the interview process on Nov. 29 to the entire community. They received more than 15 applications, conducted 14 interviews with at least five board members present and chose Lurman, Yan said. Members of the nominating committee have insisted they followed the proper procedure.

Yan, Gold, Sontag and Mairzadeh did not respond to a request for comment. Hu and Martir said they had no comment.

Smith told Newsday on Monday that he wanted to resolve the matter as "amicably" as possible.

"Our goal is to ensure that the policies and bylaws of the library are upheld," Smith said.