Albany Times Union

Can he hold 2 posts?

At issue: Can a village of Scotia official have a Glenville board seat?

- By Paul Nelson

A Scotia official’s candidacy for Glenville Town Board is questioned./

With Election Day looming, a debate largely split along party lines has emerged around village Public Works Superinten­dent Andrew Kohout’s bid for a seat on the Glenville Town Board.

Kohout, a Democrat is running with Eric Buskirk against Republican­s Gina Wierzbowsk­i, an incumbent, and Jim Martin, who has previously ser ved on the board. Incumbent John Pytlovany is retiring.

Republican­s hold a 3-2 majority on the Town Board, but next month’s election outcome could change that.

Glenville Republican­s contend it ’s a blatant conf lict of interest for Kohout to be employed by the village and at the same time serve on the Town Board, and that the village code of ethics and standards makes that clear.

Glenville Supervisor Chris Koetzle, a Republican, and others also cite a 1985 Attorney General’s informal opinion under the heading ‘Highway Law’ that states a person may not

ser ve simultaneo­usly as a town board member and as a highway superinten­dent of a village in that town.

There’s also a similarly worded 1989 opinion on the matter.

Kohut insists those documents don’t apply to his situation because he ser ves as Scotia’s public works superinten­dent and not its highway superinten­dent.

He instead pointed to an informal opinion by the attorney general’s of fice in 1977 that he asserts says there is nothing incompatib­le “per se between the two of fices of town councilman and village superinten­dent of public works of a village ly ing within the town” stemming from a case in Moreau and South Glens Falls.

Koetzle said “the village law is what Andrew should be held accountabl­e to” not a 42-yearold opinion that was subsequent­ly reversed.

Scotia Village Attorney Lydia Marola said there is no conf lict of interest.

“The superinten­dent in our village is an employee, not an elected of f icia l, so it ’s not a question of dual of fice holding,” she said, adding that even if he had been elected, he would not be precluded from running for Town Board. “He doesn’t have, in the village, the abilit y to enter into contracts or make decisions on issues that would impact the town.”

Koetzle disag rees with that assessment.

He recalled leng thy contract negotiatio­ns in Fire District 4, located in Glenville that town

 ?? Skip Dickstein / Times Union archive ?? Andrew Kohout, seen in 2014, Scotia’s public works superinten­dent, wants a seat on the Glenville Town Board this fall. His campaign has raised conflict-of-interest concerns with some.
Skip Dickstein / Times Union archive Andrew Kohout, seen in 2014, Scotia’s public works superinten­dent, wants a seat on the Glenville Town Board this fall. His campaign has raised conflict-of-interest concerns with some.

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