Hempstead officials violated Open Meetings Law with supervisor's appointment, judge rules

Hempstead Town officials broke state transparency laws when John Ferretti was appointed town supervisor on Aug. 5, a state Supreme Court judge ruled Wednesday. 

Democratic town supervisor candidate Joseph Scianablo had sued the town and several town officials alleging they knew in advance — but did not notify the public as required — that Supervisor Donald X. Clavin Jr. would resign at the Aug. 5 town board meeting and Ferretti, a Republican, would be appointed to that position.

Judge Gary Carlton ruled in Scianablo's favor following an unusual hearing in Mineola Wednesday at which the defendants were no-shows despite being subpoenaed to testify. 

"Defendants violated Public Officers Law ... by failing to provide at least 24-hours notice of their intention that a resolution would be proposed for Ferretti to be installed as interim Supervisor," Carlton wrote in his ruling, identifying Open Meetings Law by its formal nomenclature.

Open Meetings Law generally requires certain records, including resolutions, that are scheduled to be discussed by a public body during an open meeting must be disclosed on an agency's website at least 24 hours prior to the meeting. The town board agenda and publicly available meeting materials posted prior to the Aug. 5 meeting made no mention of Ferretti's pending appointment. 

"Defendants communicated secretly arranging for Ferretti to be appointed upon Clavin's resignation in violation of Open Meeting Law," Carlton wrote in his decision. "The purpose of the Open Meetings Law is to prevent public bodies from debating and deciding in private matters what they are required to debate and decide in public."

Unclear what's next

Carlton's ruling was silent on the relief sought but indicated decisions could be made at a later date. Scianablo's lawsuit sought to nullify Ferretti's appointment, require defendants to undergo Open Meetings Law training and reimburse his legal fees. 

“This judge’s ruling is a wake-up call for John Ferretti who has been treating Town government like his private club," Scianablo said in a statement following the ruling. "Every day he’s occupied that office has been an insult to the rule of law and a financial drain on taxpayers."

In a statement following the decision, town spokesman Brian Devine said, “The Town is pleased that the Judge’s decision does not nullify the appointment of Supervisor Ferretti.”

Scianablo testified the town's failure to disclose Ferretti's appointment in advance put his campaign at a disadvantage because he could have held a news conference and organized supporters ahead of the meeting. The election for supervisor is Nov. 4.

Scianablo's attorney, Joshua Kelner, presented video evidence Wednesday in an attempt to show  preparations for Ferretti's Aug. 5 appointment had been made in advance, and Carlton cited that evidence in his decision. Video showed Ferretti appeared at an event four hours after his appointment with an embroidered shirt identifying him as the town supervisor and that his name had been painted on mobile town stage. 

Carlton had ordered the town to produce subpoenaed documents on Tuesday and for Ferretti, Councilwoman Laura Ryder, Councilman Thomas Muscarella and Town Clerk Kate Murray to testify Wednesday. Their absence and the failure to provide documents prompted a hearing on contempt and sanctions against the defendants.

Judge refuses attempt to delay

The town's outside attorney, Steven Losquadro, had attempted to delay the hearing and get a stay on appeal and also cited health issues, but Carlton said Losquadro had made the request regarding his health too late and the stay was not granted. 

A letter from Losquadro to the judge dated Tuesday, provided by Kelner, said the "Respondents respectfully informed the Court tha [that] they will not be appearing for the Hearing scheduled for 10:00 am tomorrow, October 8, 2025." 

Although Town Attorney John Maccarone had come to court Wednesday, he hadn't filed paperwork to represent the town, and Carlton allowed the case to move forward with the defense table empty. 

At the end of the hearing, Maccarone told the judge Ferretti would arrive in five minutes and Murray would arrive shortly afterward. Carlton, however, said the hearing was over. 

After the courtroom was cleared, Ferretti arrived and tried to enter but was not allowed to do so. A court officer told Ferretti, "Court's closed."

"What you saw is defendants and attorneys who have no respect for the rule of law," Kelner said afterward. "There were subpoenas, they were supposed to produce documents, they were supposed to be here in person."

Ferretti, outside the courtroom after the hearing, responded to a reporter's questions, "Have a good afternoon."

Carlton said the defendants would be allowed to respond in writing to the contempt and sanctions hearing.