Glen Cove mayor, council at odds over law firm representing city

The Glen Cove City Council voted Tuesday to reappoint a Glen Cove law firm as counsel to the planning and zoning boards and shot down a proposal by Mayor Timothy Tenke to replace the firm with his own choice.

In another rebuke to the Democratic mayor, the five Republicans on the seven-member council defeated Tenke’s proposal to add an “emergency resolution” to the council agenda that would have authorized Tenke “to seek and interview independent counsel for the Mayor’s Office.”

The council on Jan. 1 reappointed City Attorney Charles McQuair over Tenke’s objections, and Tenke said Tuesday that he doesn’t trust McQuair and wants his own legal counsel.

For example, Tenke said in an interview after the meeting, McQuair said GOP Councilman Kevin Maccarone could introduce a resolution reappointing Chase, Rathkopf and Chase LLP as counsel for the planning and zoning boards. Tenke, an attorney, said city law allows only the mayor to make such a nomination, with the council able to confirm or vote down the appointment.

Tenke introduced a resolution hiring Uniondale-based Harris Beach PLLC for a monthly retainer fee of $2,500 and a $190-an-hour cost for litigation.

Chase’s monthly retainer fee remains at $2,750, the same as last year, but the hourly litigation fee increases 54 percent, from $195 an hour to $300 an hour, effective immediately. The firm’s John Chase did not respond to phone calls and emails on why the fee will increase so sharply.

Maccarone said “when you select an attorney, you’re not selecting an attorney based upon the best rate.” He said Chase is “an expert in the field” and that Harris Beach would need time to review issues facing the two boards.

Democratic Councilwoman Marsha Silverman opposed both resolutions and urged the council to delay a vote and hold a special meeting “to properly vet” all of the several firms that submitted proposals to serve as the boards’ counsel.

The council voted 5-2 to retain Chase.

Republican Councilman Joseph Capobianco said the resolution on an independent mayoral counsel did not qualify as an “emergency” measure. He said questions about an independent counsel, including the cost and why Tenke cannot work well with McQuair, should be first discussed at a council work session.

Capobianco accused Tenke of making “totally defamatory” comments about McQuair by implying that the city attorney is not acting in the best interests of the city.

“I was elected to be mayor,” Tenke responded. “And I’m just asking for the tools to do the job the way I see fit. I’m being forced to keep people and to use people that I do not feel comfortable with.”