A New York State Supreme Court judge could decide on the lawsuit brought by eight Schoharie County Supervisors to overturn the chairman's decision to change board committees, unless the two sides settle the issue themselves.
The case was heard in Albany Supreme Court last Tuesday morning before Judge Eugene Devine, said county attorney Michael West.
The attorneys for both sides spoke to the judge in his chambers and brought him up to date and gave more details on the issues.
The judge granted the petitioners' request to respond to Mr. West's initial answer to the lawsuit by August 10. The court then has 60 days to make a decision, Mr. West said.
The answer could come quicker but Mr. West hopes the two sides can get together and work out a deal before the court has to make a decision.
He said he hopes the supervisors who brought the suit and chairman can come to an agreement "so the court doesn't have to come into their (the county board's) chambers and tell them how they have to proceed."
The eight supervisors filed a lawsuit in June naming Chairman Harold Vroman as a defendant.
The objecting supervisors feared Mr. Vroman altered the committees in the spring because he did not like the way the supervisors voted.
The attorney for the eight supervisors, five Democrats and three Republicans, said state law decrees that supervisors named to committees serve until the end of the calendar year.
Changing the committees, the lawsuit stated, was beyond the powers given to the chairman.
There is little case law on the books in such situations, Mr. West said, as most "legislatures take care if their own dirty laundry."
Mr. West has said the chairman had the right to make the change and he sees a positive change in the board.
"I have a better feeling about the board. It is working better together. A lesson has been learned."
Committee meetings are running much better than before.
"I don't see the angst, the vitriol from before."
Early in the year, there was too much "boiling over," such as tough budgets, flood relief, and lawsuits brought by laid off employees, Mr. West said.
"I see a lot of good going on right now. Business is moving forward."
Supervisors, he said, need to have better communication with each other.
"There needs to be more communication, more thinking out things, less emotion."
The direction of the board could be changed in January when the Democrats once again retain power and could elect their own chairman.
Whatever the outcome, "The county has survived 200 years, it's not going to be the issue that brings it down," Mr. West said.
Fulton Supervisor Phil Skowfoe, one of the eight supervisors to sign on to the lawsuit, said Thursday that he would "reserve comment" on the issue until it is resolved.