NGDC Appellate Decision
Rensselaer County Court has sustained a decision by the Rensselaer City Court which found that former Democratic Chair Jeff Spain misappropriated thousands of dollars in party funds by giving it away unlawfully to charities rather than turning it over to the Democratic Committee.
The appeal was done without charge by an attorney who was conveniently placed on the town payroll in what most believe was a quid pro quo involving Spain's brother Al who used his vote twice as a councilman and once as Supervisor to appoint the attorney to a town job rather than a town resident.
The effect is an end to the absurd lip service legal work which gave the Spain's false hope they could win but which managed to get the attorney another two years on the town payroll. Spain had to be forced to obey the Court ordered repayment by garnishing his wages. Nearly $3,000.00 has been recovered to date. The Court decision summed it up this way: "A reading of the well reasoned decision of the City Court clearly demonstrates that its determinations were based upon the appropriate rules and that principles of substantial law were applied."
Whether the Spain clan will learn a lesson from this action is still a question. Judging from brother Al's recent conduct of a Town Board meeting in which he and the board refused to answer any questions concerning their appointment of secretaries in the town court without ever consulting the judges, we'd say nothing has been learned. This episode has already earned a FOIL request to force answers to the questions the Board declined to answer at the public meeting and if that FOIL is not properly handled, we will likely see the Board forced to respond to the only authority they cannot ignore, a judge.
Here's an article from the Troy Record.