Last Time There Was a Treasurer Vacancy, it Got Ugly

By Andrea Macko / Porcupine Soup

CATSKILL―The recent passing of Greene County Treasurer Peter Markou left a void in the hearts of many. It also left an elected county seat vacant.

Markou, who was first elected in 2010, died Friday evening at the age of 84. His current four-year term was not set to expire until the end of 2026.

This is not the first time in recent history that the county has dealt with a vacancy in the treasurer’s office. And if history repeats itself, there could be a battle with the governor’s office.

Greene County Legislative Chairman Patrick Linger said Monday that the county had already taken steps to ensure Deputy Treasurer Deb Gallo has the authority to act as treasurer. In that aspect, he said, the county is protected.

New York State Election Law, he explained, states that a position vacated before August 5, must go on the November ballot. This means county residents will be voting for a treasurer in the upcoming general election and committees for both the Republicans and Democrats will need to decide on whether to nominate a candidate.

“I would imagine both parties will meet this week to decide the ‘who,’” Linger said.

In the meantime, Linger says it is his opinion that the county legislature will make a temporary appointment. Governor Kathy Hochul may―or may not―have other ideas.

When reached for comment about a vacant county treasurer’s position, Hochul’s office spokesperson Katy Zielinski cited New York State County Law (§)400(7) and said “the governor has appointment power.”

That section of law states that: “Except as hereinafter provided, a vacancy in an elective county office, shall be filled by the governor by appointment and for the office of sheriff with the advice and consent of the senate if in session.” That exception, according to the law, is for the office of county coroner.

Linger, however, says the treasurer is not a state constitutional position―unlike the sheriff would be―and the county has authority to appoint. If the governor disagrees, Linger said, “she can sue me.”

Whether the appointment becomes a showdown between the Republican majority county legislature and the Democratic governor remains to be seen.

“We've had a similar issue in the past,” Linger said.

That was more than a decade ago when then-Treasurer Willis Vermilyea announced in November of 2009 that he intended to retire at the end of that year―two years before his term was set to expire. But just weeks later, Vermilyea, a Republican, rescinded his retirement amidst rumors that then-Gov. David Paterson, a Democrat, would challenge an interim appointment by county lawmakers. At the time, Vermilyea said he feared a fight between the state and county would be of no benefit to taxpayers.

Six or so months later, Vermilyea changed his mind again and announced he would retire effective July 31, 2010. The county legislature appointed Thomas Tracey, who served as director of administrative services under Vermilyea, to fill the vacancy and voters would pick a new treasurer in that November’s general election.

Paterson made his own appointment in late August, naming Alan Pavese of Durham to serve as interim treasurer until the end of 2010 and declaring that the county’s appointment of Tracey was invalid.

The county, however, refused to acknowledge the governor’s decision, maintaining that the office of county treasurer is not a state concern but rather one of home-rule which would give the county the right to fill a vacancy for treasurer.

The disagreement led to Paterson’s administration refusing the process what ended up totaling around $2.5 million in county Social Services claims for reimbursement because they did not recognize Tracey as the legal chief financial officer.

The November 2010 election was a race between Pavese, a Democrat, and Markou, a Republican. Markou won―8,672 to 6,872, according to county Board of Elections records. Markou was appointed interim treasurer by the county legislature, effective December 1, 2010, a month before his official swearing in. At that time, the matter of reimbursement from the state was still in limbo.

When January of 2011 rolled around, New York State had a new governor: Democrat Andrew Cuomo. Within 24 hours of taking office, Cuomo released the seven figures in back funds to Greene County.

Whether Hochul takes the same stance as Paterson remains to be seen. Also unknown is who the county legislature will appoint as interim treasurer and what names will appear on the November ballot.