Now that Bob LaPietra’s admitted under oath that he’s not a resident of the Village of Cobleskill, fellow trustee Linda Holmes wants him off the board.
“It’s the law,” Ms Holmes said simply after last Tuesday’s village meeting.
“He’s not a resident of the village.”
Two weeks ago, Mr. LaPietra pleaded guilty to three counts of second-degree falsifying business records, all Class A misdemeanors, and ending a legal battle that began with his September arrest on charges related to his nominating petitions in what became a successful run for village trustee.
What Election Law says and what Public Officers Law says about whether Mr. LaPietra could run and serve seem to contradict each other, but now that he’s admitted he doesn’t live in the village, Ms. Holmes said there’s no longer any question.
“If I moved out of the village, I could no longer serve,” she said. “He testified under oath [that he didn’t.]
“I feel we are sending a poor message to our youth that it’s okay to break the law. He should immediately be asked to resign.”
Ms. Holmes asked for Mr. LaPietra’s resignation at last Tuesday’s village meeting; he refused.
Deputy Mayor Sandy Mackay said afterward that Ms. Holmes’ request caught him off-guard, but he said he agrees with her if she’d put it in the form of a motion, he’d have seconded it.
“She’s right,” Mr. Mackay said.
“Public Officers Law says you have to be a resident of the village.”
Ms. Holmes said she’s already pursuing the issue with an attorney, but declined to elaborate.
Mr. Mackay said he’s been in touch with District Attorney Jim Sacket and wants to see a copy of the court transcripts. “I’m not a lawyer, but the reality is, he doesn’t live in the village,” he said.
In November the village asked for a court ruling on the residency issue, but were told the challenge came to late.
The concern then, Mr. Mackay said, was that if Mr. LaPietra was serving illegally, any vote the village board made could be overturned.
Ms. Holmes said that’s her very concern now: That any decision the village makes could be challenged because Mr. LaPietra is serving illegally.
“I was elected to represent the people of Cobleskill and that means going by the law,” Ms. Holmes added.
“A lot of people out there are outraged. We were hoping he would give his resignation. It’s his duty to resign.”
“It’s a very simple process: Motion, second, vote...”