It’s Really A Shame That The Good Residents of the RCS Central School District Have to Be Exposed to Dirty-Hands Jerry Deluca’s and Bottle-Gal Cathy Long Deluca’s Abuse of the Privileges Associated with Freedom Of Speech!
Freedom of Speech Does Not Mean You Can Say Anything, True or False, Or Pervert the Information or Misinform the Public, Something the Delucas and their Dwindling Gang of Coeymanazis Don’t Seem To Get. You Just Can’t Waddle Up to the Speakers Podium and Talk Any Trash You Like! You Have To Be Responsible, Deluca! You Have to be Responsible For the Trash You Talk, Jerry!
I made my point in Part I: of this series that Jerry “Dirty-Hands” Deluca doesn’t know what he’s talking about when he attempts to interpret the law when reading Article 18 of the New York State General Municipal Law. “Dirty-Hands” Deluca has no background in law or apparently law enforcement but he seems to be claiming to be an expert in both, while being competent in neither. Or does your Plattsburg political science degree include a free coupon for a Harvard, Yale, or even Albany Law School degree, Jerry? Didn’t really think so.
But old “Dirty-Hands” Deluca and his partner in dereliction Old “Bottle-Butt” Deluca are up to their old tricks again, trying to paint the world black so that they can appear white. They’ll never accept what they really are–neither will we. It’s too scary!
So, for our 34,000+ dear and loyal readers, and the Coeymanazi lurkers–we know you’re there–here are a couple of definitions that may help to understand what we’re talking about here:
“Dirty-Hands” is our phrase for the legal doctrine of unclean hands, which means that in order to be taken seriously, anyone pointing the finger at another person and making accusations must him/herself be innocent of any wrongdoing. Well, we know that’s not true in the Delucas’ case.
“Conflict of interest,” is where a person uses his or her public position or office to benefit or profit personally; it’s misusing your official position for personal gain. Again, this may also apply to the Delucas and their minions.
“Contract” is an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration. The law of contracts is at the heart of most business dealings. The existence of a contract requires finding the following factual elements:
- an offer
- an acceptance of that offer which results in a meeting of the minds
- a promise to do something
- compensation or payment in some form)
- a time or event when the agreed service must be provided (an agreement to meet commitments)
- terms and conditions for meeting the commitments, including fulfilling promises
- providing the service or meeting the commitments.
A lawsuit a common term for a legal action by one person or entity against another person or entity, to be decided in a court of law, sometimes just called a “suit.” The legal claims within a lawsuit are called “causes of action.” To exist, a lawsuit does not involve a meeting of the minds or any of the essential ingredients for a contract; a lawsuit is not a contract!
Notice is also critical when suing a state or local government. Many states and municipalities have “notice of claim” provisions in their statutes and ordinances that state that, before a lawsuit is started, a notice of claim must be filed within a reasonable time, usually three to six months after the injury occurs. The notice must contain the date of injury, how it occurred, and other facts that establish that the prospective plaintiff has a viable Cause of Action against the government. A “notice of claim” is not a lawsuit nor is it a contract.
So, for Dirty-Hands Deluca and Bottle-Butt to say that filing a notice of claim is a conflict of interest because it is a contract is completely off-base! Deluca simply doesn’t know what he’s talking about (like that’s something new?).
In addition, because Deluca doesn’t understand what he’s reading from his script, he’s trying to make people believe something that is false: that is, he’s trying to make you believe what the Coeymans Police Department and the Coeymanazis believe: that seeking the protection of the law to be compensated for a wrong or for an injury is a conflict of interest if you are a public official (or anyone else, for that matter)!
The United States Constitution guarantees equal protection under the law; it does not say that you lose that protection if you’re a public official. (But that never mattered to the Coeymans Police or to the Coeymanazis!) In fact, many states and municipalities have made provisions for defending public officials if they are sued, whether they are right or wrong!
What Deluca is trying to make people believe is that a notice of claim or a lawsuit is a conflict of interest. Nothing could be farther from the truth. Old Dirty-Hands Jerry is trying to misinform the public so that–he and the Coeymanazis hope–members of the board of education will be forced to resign and that will leave him and the Coeymanazis in full control. (I suppose if you can’t get re-elected Jerry and Cathy, the best next thing is to steal the power. Right?) But consider these examples, and think about them…
- An off-duty fireman is entering a school building and a piece of concrete falls and injures him; she sues the town to compensate him for his injury and losses.
- A voter and member of the town council is walking into the polling place to vote, he trips on a damaged piece of sidewalk and breaks his hip; he sues the municipality for the injury and liability associated with the lack of maintenance of the sidewalk.
- A teacher’s daughter is bullied in school and suffers physical injury as well as psychological trauma due to the lack of supervision at the school; the teacher sues the school administration.
- A doctor is entering the emergency room and slips on a wet floor, breaking his arm; he sues the hospital.
- A person serving on a public committee is falsely accused of misconduct by another member and is arrested; his reputation is damaged and his chances of re-election are put into jeopardy. The committeeman takes legal action against the person making the false accusation and defamation.
Do you honestly feel that any of these people have to resign from their positions in order to get justice for the loss, damage, injury they suffered? Or in each of the examples, what if it wasn’t the fireman, the teacher, member of the town council, the doctor but their spouse or their child who is suing? Does that mean that the parent or the spouse has to resign his or her position? Of course not! There’s no conflict of interest at all.
In fact, that would be depriving the individuals of their constitutional rights! But we are not saying that the person suing should have the power or authority to decide for him or herself how much money should be awarded for the injury. That’s silly! The court will decide that or a jury will determine the award. The point is: someone was hurt or suffered losses because the other party was negligent or criminal. That means that for justice to be done, the injured party must be compensated. Do you disagree?
Now, put yourself in the positions in the example. What do you think would be fair and just?
We’re not talking about what the Biscones, the Brunos, and a couple of other RCS ruling tribes (the P…o, and A…o tribes), the Delucas, and the rest of the Coeymans gang do, like: My son has a construction company and he’ll do the job (…and I’ll get a cut). Or, the town attorney will take your case and for $50,000 make your felony disappear and you get to do public service for 80 hours. Or, my daughter works for your real estate company so I’ll let you sell the town property and she can get the commission. And this real-life RCS list goes on. I think you understand what the point is. And you’ll see the conflict of interest we’re talking about.
The way things work is that if someone or a group injures you or causes you losses, you have every right to go after them. As a parent you must defend your children and if they are hurt by the negligence of others, you have every right to be made whole again. And it shouldn’t mean that the community loses a dedicated and valuable person in the process.
And it doesn’t mean that good people have to suffer because the evil ones have the podium and their three minutes to spread lies! A law suit against the municipality. Note: A person in litigation against a municipality over a contract claim is not thereby disqualified from running for elected office. (see N.Y. Op. (Inf.) Atty. Gen. 1975 -272) so why would a sitting public official be prohibited by the law or any mishapen attempt by Coeymanazis to invoke some obscure local ethics code, apparently written by ignoramuses? An important elment in the consideration of “conflict of interest” is the question of control over the so-called contract. We must ask whether the public official has “control” over the contract contract…?
In other words, does the public official have the power or duty to negotiate, prepare, authorize or approve the contract or authorize or approve payment under the contract, or to audit bills or claims under the contract, or appoint an officer or employee who has any of the powers or duties set forth above (see Gen. Mun. Law. §801)? Clearly the answer to this question when speaking of a member of the board of education, even if Dirty-Hands Jerry and his FaceBook addict Bottle-Gal Cathy Deluca knew what they were talking about when referring to a “contract.” If what Dirty-Hands Jerry and Bottle-Gal Cathy were true, it would be saying is that no teacher or spouse of a teacher sitting on the board of education could vote on anything, especially approval of a budget, from which they would derive benefit directly or through a spouse or a child!
So here are some examples of conflict of interest to make this clearer:
- An attorney who is town or village attorney should not represent an applicant before the local zoning department;
- The chair of the planning board who is employed by a real estate company should not participate in the consideration of a subdivision application made by that real estate company;
- A town planning board member who is also a geologist in the private sector may not be compensated or enter into an agreement to be compensated for soil borings on a project before the planning board.
In each of these instances, there might be the appearance that the public official might be using his position for personal gain or benefit. The simple solution is to remove one’s self from the situation, to recuse one’s self from the process, and avoid the appearance of influencing the outcome. It does not mean that you have to resign! Nor does it mean that you have to make all sorts of disclosures! This safeguarding process also involves the administration and the other board members policing their own; in other words, if the administration or the other board members feel that one of their own is potentially exposed to a conflict of interest allegation, it is their responsibility to alert their colleague to the fact and to request that s/he not participate in the deliberations or decision in the matter. Simple, right?
What the toilet-stall genius Dirty-Hands Jerry doesn’t seem to get is that the law is referring to a business arrangement that is made by an agreement, oral or written, called a contract, and concerns compensation or payment for services rendered, and comprising the elements I listed above.
Business law 101, Dirty-Hands, stick to your own conflicts of interest (Deluca Public Affairs, Department of Environmental Conservation, ARANY, Main Street Small Business Coalition, Coeymans Police Department, the New York State Assembly, and that’s just for starters, if and only if Dirty-Hands is not lying on his published résumé) and stick to your intimidation and retaliation agendas; you’re much better at them than real law. Dorkus maximus!
(Hey! Jerry. What’s with the neurotic cud-chewing? You getting nervous or something? You were driving some people nuts with that obscene nervous cud- or gum- chewing at the meeting!)
Now, dear 34,000+ visitors, if you’re really interested in the inbreeding and conflicts of interest old Dirty-Hands Jerry knows best about, we suggest you have a look at the operations of the Village of Ravena, all departments, the Town of Coeymans, all departments but especially the Coeymans Police Department, the RCS central school district and its school staff (instructional and non-instructional) and there you’ll find plenty to squeal about! Talk about incest and inbreeding! And when you’re done there, follow the turd tracks to the Albany County Sheriff’s department, the Albany Police Department, and the Albany County District Attorney’s office. Have fun!
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