Huntington Town Board lifts limits on political activities of bureau judges

The Huntington Town Board has voted to remove a town code provision barring judges who sit on the town’s Bureau of Administrative Adjudication from political activities.

The provision, which was enacted in 2021, prohibited the appointed judges from holding an office or executive position, or acting as a committee member in any political party or organization, as Newsday previously reported.

They also were barred from “managing work for any political party or organization, or candidate for public office; endorsing candidates; and making financial contributions or soliciting funds for political candidates." 

The law also required those judges to file annual financial disclosure reports with the town. 

Town Supervisor Ed Smyth said after last Tuesday's town board meeting the ban essentially amounted to a restriction of the political speech of the bureau justices and was a “gross overreach” that was “arguably an unconstitutional restriction of free speech."

“The First Amendment should never be restricted without a compelling justification, which doesn’t exist in this circumstance,” he said.

Cooper Macco, who is running against Smyth for town supervisor on the Democratic ticket in November, said he finds the removal of the prohibition "a shame." 

“It shows that the town is not concerned with the integrity of the court,” Macco said. “It’s going to raise questions in the public's eyes about what is really going on behind the scenes in that court.”

The bureau was established in November 2019 to hear noncriminal cases that were previously heard in Third District Court. It hears cases including noise complaints, and determines fines for illegal business operations and illegal dumping in town waterways. It does not preside over cases involving violations of requirements for building construction and traffic codes, according to the town’s website.

Smyth said the justices are deciding on such things as building code violations and people having signs without a permit.

“All criminal cases still reside in Third District Court,” Smyth said. “There’s a very limited jurisdiction of the Bureau of Administrative Adjudication; these are all paperwork violations that they are hearing.”

There are three part-time judges, plus Joshua C. Price, who serves as director/chief administrative law judge for the bureau. The part-time judges serve as a backup for Price if he is unavailable, or, if they did not initially hear a case, as the appellate body for the bureau. Price is paid $79,500 and is a salaried, per diem employee, while the other justices are paid $2,649.92 annually, town officials said.

The legislation was first proposed in November 2020 by then-town board member Joan Cergol, who is a Democrat. The original legislation called for prohibiting administrative law judges from holding office in a political organization, including serving as a leader and raising money for candidates.

Her Republican board colleagues at the time found some of those provisions too restrictive and refused to support the legislation.

An exception was made to allow administrative law judges to run for judgeships, which aligns with state law, and the resolution passed unanimously at a June 2021 town board meeting.

The board, all Republicans, voted 3-0 last Tuesday for the change. Town board member Theresa Mari recused herself because she is married to Price. Town board member Brooke Lupinacci left the meeting early for personal reasons.