Two Port Washington sewer district commissioners sue to oust the third

Melanie Cassens, one of the three Port Washington Water Pollution Control District commissioners, did not want her conflict with fellow commissioner Brandon Kurz over the district-owned Sunset Park to reach this point.

But, Cassens said in an interview Wednesday, Kurz has left her with no other choice.

Attorneys for Cassens and Arduino Marinelli, the third commissioner, filed a lawsuit in the state Supreme Court's appellate division to remove Kurz as a commissioner, "based on his misconduct, maladministration, malfeasance and malversation," according to the suit. The battle stems from what Cassens and Marinelli say is Kurz's conflict of interest as the former executive director of the Port Washington Police Athletic League, which stages its youth sports games at Sunset Park.

"We've tried everything we could before this to try to resolve the issues we have with Brandon," Cassens said.

Kurz said in an interview Wednesday he was "looking forward to seeing them in court."

"We’re optimistic that everything against me will be dismissed," Kurz said. "I’m 100% focused on saving Sunset Park for our children, and Port Washington, to continue to play for decades to come."

The tension between the commissioners has shadowed the district for much of the year, dating to when Steven Leventhal, the district's attorney, ruled Kurz had "violated his oath of office" by signing an agreement to run PAL in 2024 while simultaneously serving as a district commissioner.

Leventhal said in an interview Wednesday that Kurz "collecting gross revenue and paying expenses" on behalf of the PAL amounted to a "financial benefit."

Kurz in July said he stepped down from his paid position and assumed it on a volunteer basis, but Cassens said the district has seen no proof that Kurz is no longer financially involved in the league.

On July 29, the district passed a resolution requiring evidence that Kurz had "disgorged all revenue” in connection with PAL. It also passed a resolution demanding that Kurz "immediately refrain from participating in all discussions, deliberations and votes in connection with the PAL or the District’s ownership and use of Sunset Park."

Kurz has maintained that Cassens and Marinelli's campaign against him amounts to a distraction from his claims the district is actively trying to transfer the park to the Town of North Hempstead, effectively leaving the PAL without a home. 

Town spokesman Kevin Higgins told Newsday in a statement in July that North Hempstead "can confirm it has no plans to obtain Sunset Park." Cassens and Marinelli have told Newsday the district engaged in talks to transfer the park to the town three years ago but not since.

Cassens said Kurz has created a "hostile environment" during the district's weekly meetings.

"Kurz lacks remorse, remains combative and, by his ongoing words and conduct, has demonstrated that he will not refrain from continuing to participate in all public discussions by the Board of Commissioners in connection with the PAL and the District’s ownership and use of Sunset Park," the lawsuit states.

The district commissioner elections are staggered. Kurz is the lone commissioner up for reelection this year, on Dec. 9.