Suffolk legislator’s in-law promoted despite nepotism concerns

The Suffolk Legislature Tuesday approved a $92,699 promotion for Suffolk Legis. Monica Martinez‘s sister-in-law as required under the county nepotism law, though county attorneys say the law may not apply to the board of election where her relative works.

The promotion of Marisol Martinez to the $138,900-a-year job of Hispanic outreach coordinator was approved with a bare 10-vote majority after Monica Martinez (D-Brentwood) recused herself. Legis. Robert Trotta (R-Fort Salonga) opposed the measure and the other six GOP lawmakers abstained.

Under questioning, legislative counsel George Nolan disclosed that he and County Attorney Dennis Brown agreed that state law that gives election boards latitude on personnel issues likely pre-empts the nepotism law, which requires legislative approval for hiring and promotion of relatives of elected officials and other high level officials, to non-Civil Service jobs.

“The board of elections is a different animal,” said Nolan, referring to law among other things which give party political leaders a direct role into selection of election commissioners and split all hiring evenly between the two major political parties without civil service requirements.

Despite state law, Nolan said elections officials in the past have submitted nepotism resolutions for lawmakers to vote on because “they didn’t want to poke the legislature in the eye.” He said the initial failure to file a resolution authorizing the hiring and promotion for Martinez’s sister-in-law was not intentional, just an oversight.

Trotta said he opposed the measure because it looks like favoritism for a legislator’s relative. “We shouldn’t be changing the law just to suit ourselves. It’s un-American,” he said.

Republican Legis. Tom Cilmi said he was abstaining because of the legal opinion, but said he is frustrated the legislature keeps having to approve nepotism resolutions retroactively.

Legis. William Lindsay III urged the legislature to create a centralized personnel department which could make personnel policies uniform.

The issue arose after Tina Ramos, daughter of Assemb. Phil Ramos (D-Brentwood), who has held the outreach post, was demoted to the $45,994 assistant elections clerk position held by Marisol Martinez, who is married to Babylon deputy supervisor and town board member Tony Martinez.

The demotion was political retribution after Phil Ramos’ wife, Angela, ran a Democratic primary against Monica Martinez last year, according to party sources.

Also Tuesday, county lawmakers unanimously approved Suffolk County Executive Steve Bellones appointment of David Bekofsky to the county ethics board.

But some legislators questioned how often Bekofsky would have to recuse himself because of his son’s position as a deputy commissioner in the county’s economic development department.

Bekofsky, the retired head administrator of Stony Brook Medical Center’s kidney transplant program, said he would rely on counsel in deciding when to step away.

“I would never put the county, my son, myself, the ethics board in any type of jeopardy,” Bekofsky said.

Cilmi (R-Bay Shore), the minority leader, asked how wide-ranging his recusals would be.

“Theoretically, any matter before the commission that has to deal with county employee could create a conflict of interest for you,” Cilmi said. “It’s nothing to do with you Mr. Pekofsky. It concerns me as an overall policy.”

Bekofsky said he didn’t foresee a widespread issue, but if it became a consistent problem, he would step aside from the board.

“If ever felt like I couldn’t do that job appropriately, which I believe I can, I’d bow out,” he said.