Reproduced with permission of The Scarsdale Inquirer.

© 2004 S.I. Communications, Inc. All Rights Reserved. Published in The Scarsdale Inquirer on Friday, October 15, 2004

By SUSAN F. WOLFERT

Without explanation or elaboration, the Greenburgh town board and town attorney Susan Mancuso issued a statement at Wednesday's town board meeting, announcing Mancuso's resignation and new assignment as special counsel for tax certiorari matters effective Nov. 1.

Mancuso's resignation, widely rumored for months, represents the third high-level defection at town hall in the past year.

Town councilman Diana Juettner, visibly moved, read aloud the prepared announcement. She thanked Mancuso for her service and stressed the importance of her new role.

Deputy town attorney Tim Lewis was appointed interim town attorney. Town councilmen Juettner, Eddie Mae Barnes and Timmy Weinberg all voted to accept Mancuso's resignation and her engagement as special counsel. Both Town Supervisor Paul Feiner and town councilman Steve Bass voted against approving the agreement with Mancuso.

Stating his opposition to the agreement at the meeting, Feiner refused to sign it on the town's behalf. Juettner, an attorney who had made the announcement and reportedly was instrumental in drafting the terms of the agreement, said she would sign it.

Neither Mancuso nor the members of the town board would comment on the reasons for the resignation, the particulars of the special counsel agreement, or the rumored discord at town hall over the past few months.

Mancuso ruffled feathers at town hall when she refused to approve tax certiorari agreements between tax assessor Gerry Iagallo and One Beacon Insurance, former owners of 177 Hillside Ave., the current town hall. When One Beacon attorneys Jean Huff and David Wilkes insisted the town pay them $43,000 for tax certiorari work which Iagallo agreed to, Mancuso refused, saying there were no written agreements.

Iagallo's positions as both the town's special project coordinator (a role Feiner appointed him to) and as tax assessor has created much controversy in recent months. The town board was set to vote on a resolution to strip him of his duties as special projects coordinator at Wednesday's meeting, but Feiner asked that the matter be held over to the board's work session next Tuesday.

Mancuso's agreement stated, "Neither party shall make any voluntary statement regarding this matter that is inconsistent with the contents of the agreed upon statement."

Mancuso would only say, "I have wanted to set up a private practice and this is a great opportunity for me." Feiner had no comment in response to various questions about the matter and said, "All the town board members agreed that we would stick to the prepared statement." When asked if there was significance to the fact that three women department heads had resigned in the past 12 months, Feiner said, "We've also been promoting people. In any organization, people come and go."

In a phone conversation with the Inquirer, Feiner would only say, "I disagreed with some of the provisions in the contract," but declined to be specific. Bass told the Inquirer, "I thought some aspects of the agreement were unfair," but would not say to whom "I can't get into detail," he added.

In her new role, Mancuso will be an independent contractor for a period of 14 months whose "duties shall be limited to representation of the town's interests in tax certiorari proceedings and such other transition work as may be required," according to a written agreement between her and the town. Certiorari matters arise when real estate owners seek a reduction of their property's assessed value and thus a reduction of their town, county, state and school taxes.

Mancuso will earn $131,852 for the contract period - an amount equivalent to her current annual salary of $113,000. The agreement anticipates that she will perform 586 hours of work over 14 months at a rate of $225 per hour. If her workload proves fewer hours, the town is still obligated for the full contract. If Mancuso works more hours during the contract period she will bill the town at the $225 per hour rate. In addition to maintaining her current income for a 10hour-per-week workload, Mancuso will be entitled to full medical insurance coverage for herself and her family.

The agreement also stipulates mutual releases whereby neither Mancuso nor the town can bring legal action against the other, "fully, forever, irrevocably and unconditionally." In exchange for her resignation and appointment as special counsel, Mancuso agreed to give up "any and all claims [she] may have against the town, its departments, officers, employees, town supervisor, town board, agents and representatives."

Mancuso served as deputy town attorney from 1993 to 1996 and has been town attorney since January 2000. Between 1996 and 2000, she practiced with a specialty in certiorari proceedings at a private firm.

Feiner told the Inquirer he was delighted with the appointment of Lewis as interim town attorney and hoped that the position would become permanent. He indicated that the option to become the permanent town attorney was Lewis' to make and that the interim appointment had no specified time frame. Feiner said, "Tim has all the qualifications we need. He is efficient, has excellent people skills and is great at follow-up. He is the ideal choice."

Lewis will also earn $113,000 per year according to Feiner.