Port Washington sewer district, in a reversal, says commissioner can appear on ballot

The Port Washington Water Pollution Control District will permit incumbent commissioner Brandon Kurz to appear on the ballot for next week's election, reversing course after declaring his petition was ineligible during weeks of back-and-forth in public statements and in the courtroom. 

Melanie Cassens and Arduino Marinelli, the district's other two commissioners, informed Newsday of the shift Thursday morning over text. 

 "We feel it's in the best interest of the community and the district to have him on the ballot," Cassens said.

Todd Steckler, Kurz's Oceanside-based attorney, said he and his client were not aware of the district's reversal until informed by Newsday. 

"It’s what the judge’s order required, it’s as simple as that," Steckler said. "We’re just trying to enforce Mr. Kurz's rights to be on the ballot. As I said before, I think this election should be decided at the ballot box, not in the court of law. As of now that appears where we’re going." 

Kurz, a commissioner since 2023, had sued the district's election officer, Giovanna DiFiore, as well as his opponent, Joseph D'Alonzo, after he was removed from the ballot for the Dec. 9 election. DiFiore had ruled that Kurz submitted an "invalid" petition.

But Nassau Supreme Court Justice Erica L. Prager wrote Monday that the objection to his candidacy was served improperly. Kurz's lawsuit had argued that the objection should have been sent by "overnight mail," not "two-day" service, court filings show.

Prager reaffirmed her determination during a nearly hourlong court hearing Wednesday in Mineola, but she did not say whether Kurz should appear on the ballot. 

Afterward, DiFiore told Newsday the district still considered Kurz to be ineligible.

Kurz had collected only 12 valid signatures on his petition, short of the 25 required, DiFiore ruled in a Nov. 24 letter.

Kurz's petition had included 33 signatures, but DiFiore determined that 10 petitioners were not registered to vote in the district; nine did not provide a legible signature that matched Board of Elections records; and two had "signed another petition."

Mail delivery issue

Attorneys for Kurz cited state election law when they raised the mailing issue in their lawsuit.

The challenge to Kurz's petition came from D'Alonzo, president of Cow Bay Contracting. D'Alonzo's objection had been filed Nov. 17, and state law mandates it should have been scheduled to be delivered by the following day, the lawsuit stated. Instead, the delivery was scheduled for Nov. 19.

During the Wednesday hearing, Prager maintained the ruling she made Monday. John Ciampoli, a lawyer for the district, said during the hearing that he planned to appeal.

Kurz's lawsuit had called for DiFiore, also the district's business manager, to be disqualified from her post as election officer and to declare Kurz's petition "valid, proper, sufficient and legally effective."

Prager did not rule on DiFiore's position as an elections officer and did not address the validity of the signatures on Kurz's ballot.

Commissioners' dispute

Kurz has been embroiled in a dispute with the district's other two commissioners, Cassens and Marinelli, for much of the year.

Cassens and Marinelli have said that Kurz, the former executive director of the Port Washington Police Athletic League, has a conflict of interest, since the sewer district owns Sunset Park, where the PAL plays its games.

Kurz has countered that Cassens and Marinelli have accused him of being conflicted to distract from an attempt to transfer Sunset Park to the Town of North Hempstead. Kurz has said he gave up his paid position with the league and became its volunteer executive director in July.

The district had not discussed a potential transfer since 2023, Marinelli told Newsday. Kevin Higgins, a town spokesperson, previously told Newsday that North Hempstead "has no plans to obtain Sunset Park."

In July, the sewer district passed a pair of resolutions providing Kurz two weeks to meet several demands: to submit written proof that he would no longer receive compensation from PAL; to "disgorge" any revenues obtained from the league; and to "refrain" from participating in discussions and votes related to the district's use of the park and the league.

Kurz did not comply with the demands, Marinelli and Cassens said. In October, attorneys for the two commissioners filed a lawsuit in the state Supreme Court's appellate division to have Kurz removed as a commissioner.

D’Alonzo told Newsday in an interview he decided to run for commissioner in part because of the controversy.

"What's going on is very upsetting and disruptive to the district employees and is taking away from the primary focus of treating the wastewater and making sure you're complying with all the rules and regulations," D’Alonzo said.

On Wednesday night, Kurz posted a video to his personal Facebook page featuring him sitting with his arms around his children. "We are trying to save Sunset Park for our children," he said in the video, before turning to his kids and beginning a count to three. His daughter jumped to her feet. "Save PAL!" the trio cheered. 

Kurz's seat is the only one up for election this year. The commissioners serve staggered three-year terms.

By Joshua Needelman

joshua.needelman@newsday.com

Joshua Needelman covers the Town of North Hempstead for Newsday. A Long Island native and University of Maryland graduate, his work has appeared in publications including The New York Times and The Washington Post.