BRIAN E. LYNCH, being duly sworn, deposes and says under penalties of perjury:
1. That I am a non-party with respect to the above captioned action, however, I am fully familiar with the facts and circumstances of the present action.
2. That this Affidavit is being submitted in support of the instant Article 78 Petition/Motion made by way of Order to Show Cause which seeks the following relief, namely: (a) a finding that the decision of the Respondent, GOLDEN’S BRIDGE FIRE DEPARTMENT INC. BOARD OF FIRE COMMISSIONERS not to approve or ratify the re-appointment of the Petitioner as Second Assistant Chief following his original April 2010 election to said position was arbitrary and capricious and should be set aside as null and void; (b) a finding that the actions of the Respondent/President of the GOLDEN’S BRIDGE FIRE DEPARTMENT, INC., ALBERT MELILLO, in terms of failing to provide written notice to the membership of the Fire Department of the April 27, 2010 Special Meeting/election involving the Petitioner was improper and therefore the results of said election should be set aside as null and void; (c) a finding that the conduct of the Respondents at the Special Meeting/election of April 27, 2010 before the second vote was even held concerning the Petitioner was inappropriate, arbitrary and capricious and should be annulled and set aside; (d) a finding that the conduct of the Respondents was arbitrary and capricious in terms of how Respondents handled the aftermath of the elections involving the Petitioner, including but not limited to letters issued by Respondents dated May 3, 2010 and May 28, 2010; (e) an Order directing that the Petitioner should be reinstated as Second Assistant Chief per the original election where he won by majority vote; (f) an Order directing that Respondents reimburse the Petitioner for all costs, disbursements and reasonable attorneys’ fees; and for such other and different relief as to this Honorable Court seems just and proper.
3. I currently reside at xxx
4. I first became a member of Golden’s Bridge Fire Department, 254 Waccabuc Road, Golden’s Bridge, New York 10526 in December of 2000 .
5. I have, in the past, held the following titles and/or offices while as an active member of Golden’s Bridge Fire Department: Auditor for two (2) years; Lieutenant from 2002 through 2008; and Captain from 2009 through the present time.
6. I am a current member in good standing of the Golden’s Bridge Fire Department.
7. I have known the Petitioner, RICHARD J. BARRETT, since January of 2001.
8. As indicated earlier, I currently hold the following offices while serving as an active member of Golden’s Bridge Fire Department: Captain.
9. I was witness to the events at the Golden’s Bridge Fire House, 254 Waccabuc Rd, Golden’s Bridge New York on April 27, 2010. A special meeting was held at the firehouse, called by President ALBERT MELILLO. Members were handed a notification of the special meeting in the few day prior by president-elect John Winter. The coverage of this handout was not comprehensive of all members of the department.
10. Members such as John Nevins were instructed in the days prior to the meeting that the Board of Commissioners for the Golden’s Bridge Fire District would not ratify the appointment of Richard Barrett, so any votes cast for him would be pointless. This message was repeated by President ALBERT MELILLO at the special meeting, in front of all members present.
11. At the meeting, member Fred Margolies requested a reason why Richard Barrett was not approved as Second Assistant Chief. No GBFD Commissioner present at the meeting or the President would state a reason.
12. Four (4) of the members of the Board of Commissioners are also Golden Bridge Fire Department members and all were present at this special meeting. I inquired at the meeting if the commissioners in attendance were in fact in conflict of interest in voting in this election, and we should defer the meeting to a future date. I was told by President ALBERT MELILLO that “An election will be held tonight.”
13. At the meeting Alex Roth nominated George Tockstein for the position of Second Assistant Chief. I nominated RICHARD J. BARRETT for position as Second Assistant Chief. George Tockstein’s name was already printed on the ballots that were handed out to the members for the vote, under RICHARD J. BARRETT’S.
14. I stated to President ALBERT MELILLO that it was interesting that the ballot had George Tockstein’s name already printed on it. President Melillo’s response was “I am clairvoyant”.
15. The election ballots were handed out after President ALBERT MELILLO selected tellers to collect and validate the ballots. It should be noted that historically the tellers for elections have traditionally been Joseph Simoncini Sr.; Joseph Rener; and John Winter. At the time of this election, only two (2) tellers were selected. President elect John Winter and Vice President elect Dino Magaletto were selected.
16. When the votes were all handed in, President ALBERT MELILLO handed the remaining blank ballots to Mr. Magaletto and stated “you may want these” just prior to the tellers going into the Chief’s office to tally the votes.
17. It should be noted that Ex-Chief Randy Sant advised me that he had been approached to run against RICHARD J. BARRETT in the normal election at the regular April 2010 monthly department meeting. Randy told me that he was led into believing that RICHARD J. BARRETT was not interested in the position, when in fact he was. When Randy Sant discovered that RICHARD J. BARRETT was in fact interested in remaining Second Assistant Chief, Randy told me that he refused to run against RICHARD J. BARRETT.
18. Another event that displayed a biased position by GBFD Commissioner Robert Melillo was when he stood up in front of the entire department at the January monthly meeting and demanded repeatedly to know why the GBFD department-owned Dodge Durango was not being used. Commissioner Melillo had full knowledge of why RICHARD J. BARRETT was not using the department vehicle, and Commissioner Melillo’s sole goal was to have RICHARD J. BARRETT embarrass himself in front of the Department and admit to an infraction that had caused him to lose his driving privileges.
19. Only when I forcefully objected did Commissioner Melillo’s brother, President ALBERT MELILLO, state “You do not have to answer that Richie.”
20. Approximately three (3) months ago, I placed RICHARD J. BARRETT’S turnout gear back on the gear rack and it was removed from the rack within the past month. Members who have been inactive for far longer than Richard’s gear remain on the racks!
21. The abuse of the Petitioner, RICHARD J. BARRETT continues: Richard’s automatic text messaging from the Department alerting members about fire calls has been stopped—I have learned this from a direct conversation with the Petitioner, RICHARD J. BARRETT, himself. When I approached Chief Walter Hughes and inquired as to who removed Richard’s text messaging, the reply was “That is controlled by Rob Melillo” (GBFD Fire Commissioner).
WHEREFORE, your deponent prays that this Honorable Court will grant the Article 78 Petition/Motion made by Order to Show Cause of the Petitioner, RICHARD J. BARRETT, in its entirety, as well as any such further and different relief as to this Court seems just and proper.
