Robert Purtell appointed Montgomery County executive by split vote

“I'm appreciative of the support that we did receive. I'm excited about the opportunity to work for the people of Montgomery County and my door is always open,” Purtell said afterwards, while indicating he plans to work with legislators regardless of how they voted.

The appointment is effective immediately and Purtell will serve until the outcome of the November election to fill Ossenfort’s remaining one-year unexpired term. A formal swearing-in ceremony is expected to be organized imminently.

Purtell’s name was put forward by District 6 Legislator Chad Majewski and seconded by District 8 Legislator Maria Kowalczyk, all three are Democrats. District 4 Legislator Robert Headwell, Jr. and Chairman Brian Sweet, both Republicans, crossed the aisle to confirm the appointment.

District 7 Legislator Michael Pepe spoke at length in opposition to the appointment, arguing the acting county executive previously designated by Ossenfort should fulfill those duties until voters select the next county leader. That is Department of Social Services Commissioner Mathew Beck.

“This is my first opportunity to discuss it and I think it's probably something that should have been discussed in detail by us in an executive session sometime prior to this meeting,” Pepe added.

Sweet noted that an executive session was never requested by Pepe. The special meeting to potentially appoint a county executive in accordance with the county charter was scheduled two weeks in advance at the regular meeting on April 23.

“You're one of nine, you could have asked for it and you didn't,” Sweet said.

Pepe questioned the ethics of Purtell voting for his own appointment to a paid office and claimed it would give him an unfair advantage in the upcoming election. Pepe went on to say concerns raised over Beck holding two full-time jobs would also apply to Purtell, who is a real estate broker.

Montgomery County Attorney Meghan Manion said the question of Purtell voting for his own appointment was a “gray area” based on legal advice she sought from the New York State Association of Counties because the matter posed a conflict of interest for her. The county executive’s annual salary is $110,000.

However, Headwell said the situation was no different than the common practice over the years of legislators voting for their own appointments to the higher paid position of chairman, which carries a $15,000 salary. Each legislator receives a $10,000 salary.

Although Beck expressed a willingness to hold two roles for as long as needed, Sweet previously said leading the county and DSS would be too much for one person and would be unfair to both Beck and the county.

The resignation of Ossenfort, 42, last Wednesday to take a private sector job in the face of an impending three-term limit occurred after the petitioning period ended. The county’s political party committees will therefore nominate candidates to appear on the ballot to fill the remainder of his term.

Purtell is expected to receive the Democratic nomination. Pete Vroman and Ray Tylutki Jr. have each announced their intent to seek the Republican nomination.

“I wouldn't vote for any legislator whose name would appear on this resolution,” Pepe said. “I wouldn't want to have it on my conscience that we put one of our own in a position that could potentially affect the outcome of the election in the fall. It's equally our responsibility here to ensure the integrity of the election for the executive.”

Members of the Montgomery County Republican Committee had urged legislators to leave Beck in place until voters choose the next county executive, saying one of their own should serve in the interim. Both Ossenfort and Beck are Republicans.

However, Sweet said the appointed county executive needed to be ready to “hit the ground running,” which Purtell is prepared to do with his decade of experience as a legislator.

“My mantra has always been, 'do the best for the county first,' and I think that's why people elected me, not to toe the party line,” Sweet added.

Moreover, Purtell said his 35-year real estate career has a “rapidly” approaching expiration date and that he will treat his role as county executive as a full-time position.

“I intend to come up with a strategic plan for the county to develop growth to increase the quality of life for the residents,” Purtell said. “I have a major concern about the lack of industrial or economic development and growth, particularly in the municipalities west of Amsterdam and I think it's time that we put our full effort in developing those communities.”

Yet, Purtell does not foresee making any substantial changes in the coming months.

“It'd be foolish to make any significant changes in county government until after the election. Matt Ossenfort has done a great job of moving Montgomery County forward and I think it's time that we bring Montgomery County from good to great,” Purtell said.

The selection of Purtell to serve as county executive has created another vacancy. Sweet expects the Legislature will introduce a resolution to consider appointing a candidate to Purtell’s former seat, but was not aware of anyone seeking the office at this stage.

It sets up another November election for Purtell’s remaining one-year unexpired term as legislator for which local parties will need to nominate candidates.

Brittany Koble, chair of the Montgomery County Republican Party, in an emailed response to a request for comment agreed with “many” of the remarks made by Pepe over the appointment of Purtell.

“While the committee is disappointed with the outcome of the special meeting, we are now focusing on selecting our candidate and ultimately getting that person elected in November,” Koble stated.

Meanwhile, Terry Bieniek, chair of the Montgomery County Democratic Party, said “a lot” of the discussion wasn’t relevant and that it was in the county’s best interest to have a full-time executive appointed.

“That means a lot for the function of the county,” Bieniek said. “We’re talking about a key position for the county and you shouldn’t just pick somebody because of their party. You should pick a person that’s right for the position and there’s nothing in our county charter that says you have to replace the person with the same party and I think they did that for the reason that you’re not limited on your choice of candidates.”

Bieniek acknowledged he was “thrilled” to see Purtell appointed as the county executive. He added that voters will still have a chance to elect the next executive in the fall.

“I think he is good for the position — a good, qualified candidate — and with his background in business and then as a legislator, he should do well,” Bieniek said. “It’s still left up to the voters and the voters have to feel which candidate will do the best job.”