Councilwoman Jane Bonner (C-Rocky Point) wants to rescind her vote on the resolution designating funds to the budget line that's allocated to the MTA payroll tax.
The tax, which is part of a $2.26 billion MTA bailout plan passed by the state Legislature in May, mandates that businesses, governments and schools pay 34 cents for every $100 of paid wages. The measure has drawn widespread criticism from lawmakers who feel it unjustly taxes Long Island residents who do not benefit from the authority's transportation services. After some squabbling over whether or not to pay the tax, and the tabling of at least one resolution, board members finally approved a resolution on Dec. 8 designating the funds needed to pay the tax, so that the budget line would not be overdrawn.
Ms. Bonner was expected to call Tuesday for the reintroduction of the resolution because she felt duped by the wording. The resolution did not explicitly outline that its purpose was to designate money to the budget line for the "MTA payroll tax," only "payroll," she said.
"It's sleight of hand," said Ms. Bonner, who has strongly opposed the tax since its introduction early this year. Ms. Bonner said she did not believe she would get support from enough of her fellow town board members to pass the measure. This week's Town Board meeting was held after a special holiday deadline for this week's North Shore Sun.
Ms. Kagel believed she had developed a consensus from the board that the tax would be paid by the deadline of Nov. 6 to avoid spending more money on penalties, and she made the payment -- an action requiring the Town Board to designate funding to the specific budget line for the MTA tax. Both Ms. Bonner and Councilman Steve Fiore-Rosenfeld (D-Setauket) abstained from voting on a previous bill to transfer the funds. Their former colleague, deceased Councilman Keith Romaine (R-Moriches), voted against the measure. Although the resolution has been tabled since then, it has also been rendered moot by the "housekeeping" resolution that passed two weeks ago.
Supervisor Mark Lesko denied Ms. Bonner's allegation that the resolution was slipped in under the cloak of secrecy, pointing out that the resolution was worked on by Ms. Kagel and Brookhaven Town attorney Karen Wilutis, who were both appointed by Ms. Bonner and the Republican/Conservative majority.
"This is grandstanding in its worst form," Mr. Lesko said. "Clearly Jane Bonner thinks that she is above the law."
Discussion of the "housekeeping" resolution turned heated this past Thursday when board members hashed out the ramifications for Ms. Kagel, who officials said could be subject to a misdemeanor charge for paying the tax without a corresponding budget line. Former Southampton Town attorney Garrett Swenson of Coram confirmed this week that he is representing Ms. Kagel; however, he declined to comment further.
Concerned, Mr. Lesko requested that Ms. Kagel have Mr. Swenson at the Town Board meeting Tuesday and directed her to supply the town with a bill for his legal services.
"It used to be in Brookhaven that crimes were committed in secret," Mr. Lesko said during a telephone interview Tuesday. "Now you have the absurd reality that an elected official is directing the town finance commissioner to commit a crime in the open."
Fourth District Councilwoman Connie Kepert (D-Middle Island) took fault with Ms. Bonner's suggestion. Ms. Kepert questioned the message it would send to taxpayers if the town board voted to rescind the funds and cost them more money in penalties.
"It doesn't make a lot of sense to me," she said.
But not everyone agreed with his assessment that Ms. Kagel could be compromised should Ms. Bonner garner enough support to reintroduce the resolution and it is subsequently defeated.
Councilman Timothy Mazzei (R-Blue Point) cited his 30 years of experience as an attorney in the criminal law field and offered his services should Ms. Kagel need them.
"And, quite frankly, I'll represent you for free," Mr. Mazzei added.
Ms. Bonner disagreed with the possibility that Ms. Kagel could be arrested for the Town Board's actions.
"I don't believe that the 'MTA payroll police' are planning to show up at [Charlene Kagel's] doorstep," Ms. Bonner said.
peggy@northshoresun.com