GLOVERSVILLE - Local officials said Thursday they expect a swift resolution to Mayor Tim Hughes' Thursday indictment, which alleges he knowingly submitted fraudulent petitions to Board of Elections officials in July.
Hughes, 52, of 71 Fremont St., was indicted on one count of offering a false instrument for filing, a felony. He pleaded not guilty at his arraignment Thursday and was released on his own recognizance. The charge carries a maximum of four years in prison, but Fulton County District Attorney Louis Sira said she doubts Hughes will face the maximum charge.
"I am confident it will be resolved without trial," she said. "Both sides seem open to negotiations."
Sira said given the non-violent nature of the crime and Hughes' lack of a criminal record, it's not likely he will serve jail time. She said more likely punishments could include probation, a fine or community service.
Democratic mayoral candidate Judy Marcoux filed a criminal complaint saying Hughes' petitions contained a number of fraudulent signatures.
Sira said the indictment, however, was based on the witnesses' signatures and not the signatures of people signing Hughes' petition. Sira said the grand jury found Hughes submitted his petitions knowing that two women who signed as witnesses - Fulton County Democratic Committee members Marilyn Cornell and Katherine Joyce - did not witness the signatures.
Sira said grand jurors placed the blame on Hughes because he was the candidate and he submitted the petitions. Sira said Hughes' attorney, Daniel Ehring of Albany, is claiming Hughes was ignorant to petition filing law.
"My response to that is this is the second time he has run for office," she said. "The petition process is pretty self-explanatory, and the witness section is very clear."
Both sides are scheduled to meet for a conference on Oct. 30. Sira said pursuing allegations of fraud is a priority because it is important for residents to have faith in election law.
"It's important they have confidence in the system, and it's important that candidates conduct themselves with integrity and are held to a certain standard," she said.
Gloversville Police Capt. James Lorenzoni said the investigation into Marcoux's allegation was an exhaustive and time-consuming process that resulted in a complete and thorough investigation, which was handed over to Sira for prosecutorial review in late August.
"The complaint was investigated by our detective division," he said. "It was labor intensive ... with literally dozens of people interviewed."
State Department of State officials said Thursday that Hughes' indictment does not mean he must step down as mayor. Sira confirmed he can remain as mayor since he has not been convicted of a crime.
Despite being legally able to remain in his post, several people called on Hughes to step down, citing his indictment and his status as a lame-duck mayor.
Republican mayoral candidate Jo-Ann Clear said ideally Hughes would resign and the Common Council would appoint the incoming mayor after the Nov. 3 election to fill the position.
"The person responsible for implementing the budget could then be a part of the process of developing it," she said.
Conservative mayoral candidate Dirk Myers agreed with Clear's call on Hughes to step down. He called Thursday a sad day for the city and said Hughes' sound defeat in the Democratic primary is evidence of city residents' call for change.
Myers also criticized independent mayoral candidate Dayton King and what he called King and Hughes' relationship. King recently accepted a campaign contribution of about $700 from Hughes.
King once again disputed the alleged relationship between himself and Hughes and said he believes Hughes should step down.
"I want to make it clear that his endorsement of me isn't my endorsement of him," he said. "I would like to see him step down."
King said he hopes the Common Council asks local leaders, such as former mayors, to step forward to help lead the city in the interim prior to the new mayor's swearing-in in January. He said Councilman-at-Large Jim Handy, who is also a lame-duck official, does not have a vested interest in the city and should not fill Hughes' position.
"Perhaps they can ask a volunteer such as [Finance Commissioner] Bruce Van Genderen and some department heads to help oversee things, people who know how the city is run," he said.
Marcoux, who defeated Hughes in the Democratic primary with 278 votes to his 99, said Thursday she is glad to have some sort of resolution to her original allegation.
"You can't just go against the whole electoral process," she said. "I feel vindicated because I was just vilified for even filing charges, and I did the right thing."
Second Ward Councilman John Castiglione said city officials must research all of the options available to them. He said while Hughes is innocent until proven guilty, it is incumbent upon the council to do something.
"We need to know just what we can legally do," he said. "Do we remove him, censure him, remove his authority? There are a lot of options. [Hughes] has certain powers and that is what concerns me. I'm concerned for the city."
Fifth Ward Councilman Matthew Myers said Hughes' indictment proves no one is above the law.
"It's unfortunate for the city and its citizens that they have to go through another bit of controversy," he said.
Third Ward Councilman James Robinson said Thursday's events are a shock to the city and expressed hope the city would be able to move past them quickly. He said city officials must consult with city attorney John Clo as to what options the city has in such a situation.
First Ward Councilwoman Robin Wentworth said the council does not yet have enough information about Hughes' indictment to take any action.
"We need to figure out what's going on," she said. "The council needs information from both sides. [Hughes], just as anyone, is innocent until proven guilty."
Clo said Thursday the Common Council could remove Hughes from office but would need to conduct a hearing first, which would be held in a manner similar to a court proceeding and would include witness testimony and the opportunity for Hughes to testify. He said Hughes could also be censured by the council.
Ehring, Hughes, Cornell and Joyce could not be reached for comment. Hughes did not answer to a knock on his door at his home Thursday.
