Minutes of the Special Meeting of the County Legislature of Suffolk County, New York, held in the William H. Rogers Legislative Building, Hauppauge, New York, at 11:00 a.m., pursuant to notice duly given.

The meeting was called to order at 11:10 a.m. by Presiding Officer Blydenburgh. The Clerk called the roll and the following were found present: Legislators Blass, Guldi, Davis, Caracappa, Bredes, Locorriere, Foley, Levy, Finlay, D'Andre, Bishop, Postal, Binder, Tonna, Hackeling, Rizzo, and Blydenburgh. Legislator Carpenter had an excused absence.

Pledge of Allegiance.

Presiding Officer Blydenburgh stated, "This is a special meeting called by notice dated November 7, 1994 for a Special Meeting of the Suffolk County Legislature on Thursday, November 10th in the morning in Hauppauge Legislative Auditorium located in the William H. Rogers Memorial Building Building No. 20, Veterans Memorial Highway, Hauppauge, New York, pursuant to Section 2-6(B) of the SUFFOLK COUNTY ADMINISTRATIVE CODE. Pursuant to the rules of the Legislature, we start off with a one-hour public portion."

Mr. Guldi offered the following resolution, seconded by Mr. Davis. On a roll call vote: 16 Legislators in favor; 0 opposed; 1 abstention, Mr. Hackeling; 1 absent, Mrs. Carpenter.

Intro. Res.  2070 -94 Laid on the Table 11/10/94

Introduced by Legislators Blass, Guldi, and Davis

WHEREAS, numerous allegations have arisen over the past year regarding instances of unusual prosecutorial behavior in the Office of the Suffolk County District Attorney, including threats against elected officials, public officials and private citizens which, if substantiated, could rise to the level of misfeasance, malfeasance, and/or non-feasance in office; and

WHEREAS, the Governor of the State of New York is authorized under Article XIII, Section 13 of the NEW YORK CONSTITUTION to remove a District Attorney for cause and after an opportunity to be heard in defense of such charges has been afforded to said individual; now, therefore, be it

RESOLVED, that the County of Suffolk hereby requests the Governor of the State of New York to initiate all necessary and appropriate proceedings, including, if necessary, the appointment of a Special Prosecutor under Section 63 of the NEW YORK EXECUTIVE LAW, to determine whether or not the Suffolk County District Attorney should be removed in accordance with the due process requirements of Article XIII, Section 13 of the NEW YORK CONSTITUTION; and be it further

RESOLVED, that the Clerk of this Legislature is hereby directed to forward copies of this Resolution to Governor Cuomo.

DATED: November 10, 1994

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: November 11, 1994

The following Memorializing Resolution was approved by more than a majority of the members present:

WHEREAS, numerous allegations have arisen over the past year regarding instances of unusual prosecutorial behavior in the Office of the Suffolk County District Attorney, including threats against elected officials, public officials and private citizens which, if substantiated, could rise to the level of misfeasance, malfeasance, and/or non-feasance in office; and

WHEREAS, the Governor of the State of New York is authorized under Article XIII, Section 13 of the NEW YORK CONSTITUTION to remove a District Attorney for cause and offer an opportunity to be heard in defense of such charges has been afforded to said individual; now, therefore, be it

RESOLVED, that this Legislature hereby requests the Governor of the State of New York to initiate all necessary and appropriate proceedings, including, if necessary, the appointment of a Special Prosecutor under Section 63 of the NEW YORK EXECUTIVE LAW, to determine whether or not the Suffolk County District Attorney should be removed in accordance with the due process requirements of Article XIII, Section 13 of the NEW YORK CONSTITUTION; and be it further

RESOLVED, that the Clerk of this Legislature is hereby directed to forward copies of this Resolution to Governor Cuomo.

12:35 p.m. - Meeting was adjourned.