State Supreme Court Justice Eugene Devine has tossed the lawsuit filed by eight Schoharie County supervisors against their chairman-and ordered one of them, Seward's Carl Barbic, to face possible financial sanctions for his role in it.
In his August 14 ruling, Judge Devine first dismissed three supervisors-Mike Brandow of Conesville, Jim Buzon of Middleburgh, and Mr. Barbic-from the lawsuit.
Then, he dismissed the suit itself, writing that "courts must abstain from interfering" in the legislative process."
"The courts are always reluctant to interfere with the separation of powers," explained County Attorney Mike West, who represented Board of Supervisors Chairman Harold Vroman in the lawsuit.
But that's not what the suit was about at all, argued Fulton Supervisor Phil Skowfoe.
It was about whether Mr. Vroman could change committee assignments mid-year and the vote challenging the changes.
"He [Judge Devine] didn't deal with the law," Mr. Skowfoe said. "We didn't win and we didn't lose."
The eight supervisors brought their suit after Mr. Vroman in April removed Mr. Skowfoe, Carlisle Supervisor Larry Bradt, Schoharie Supervisor Gene Milone, and Sharon Supervisor Sandra Manko from the Finance, Solid Waste, and Personnel Committees and Esperance Supervisor Earl Van Wormer from the Buildings & Purchases Committee and after a June vote to appeal the changes failed.
They claimed the changes were vindictive; Mr. Vroman said the committees were dysfunctional.
Judge Devine said because their committee assignments weren't changed, Mr. Brandow, Mr. Buzon, and Mr. Barbic had no stake in the lawsuit.
He then dismissed the suit itself, concerned ruling on it would "frustrate or undermine the legislative process" and separation of powers.
Judge Levine had especially harsh words for Mr. Barbic, who in June's vote cast his against the appeal-a vote Mr. Barbic said came out of the blue at the tail end of a flood relief meeting-but then signed onto the lawsuit.
"Had Mr. Barbic stood up and voted for the result he now seeks...[Mr. Vroman's] committee changes would have been overturned by a majority vote," Judge Devine wrote.
"Such frivolous conduct and the strain that it places on judicial resources cannot be condoned."
For that "frivolous conduct," Mr. Barbic could face financial sanctions.
He's been ordered to appear at an October 9 hearing at the Schoharie County Courthouse.
"I feel like I've been slapped in the face," Mr. Barbic said.
Mr. Vroman said he's pleased with Judge Devine's ruling and hopes supervisors can put the dispute behind them.
But that may take some doing.
Ms. Manko said the eight supervisors were removed from their committees because of the way they voted.
"I would like to think this type of action and influence doesn't happen at this level of government, but obviously it does," she said.
"We...make choices for what we feel is best for the county and shouldn't be intimidated or punished for our decisions. The bottom line is it's just another form of bullying."
Mr. Skowfoe said the eight supervisors haven't decided whether they'll file an appeal.