This is a report to the State Committee of the Independence Party of New York from the Removal Committee duly appointed by this same state committee. Under the rules of the Independence Party of New York, removal from party office of state committee can occur upon a complaint being brought against the subject committee person(s). Then the Removal Committee can hold a hearing for the purpose of collecting evidence and hearing testimony. Upon the completion of this due process, the Removal Committee issues a report on the findings and gives recommendations to the state committee.
This report will center on three complaints issued against 16 members of the state committee. Hearings were held by the Removal Committee on these complaints in three different locations on May 18, June 1 and June 5, 2007. This report will be in three sections to correspond with these complaints and hearings.
Hearing 1 – May 18, 2007 held in Brooklyn – The complaint was brought by Mr. Michael Zumbluskas, a resident of New York City, a member of the Independence Party of New York and an Executive State Committee member for the Independence Party. Mr. Zumbluskas gave testimony that at the completion of the petition process of 2006, over 3000 Independence Party County Committee were filed in the five boroughs of New York City. At that time, the New York City Board of Elections notified many of these party members that they were on the primary ballot for county committee. Mr. Zumbluskas became aware that shortly after this notification, the New York City Board of Elections, along with several public officials, received scores of phone calls from these party members indicating that they had no idea that they had been nominated to the county committee. In most cases, these same county committee members stated that they did not give their permission to be members of the county committee and wanted to be removed from the county committee list. It was then that Mr. Zumbluskas brought his concerns to the leadership of the party. It was decided that an outreach to all plus 3000 members was needed. The vehicle for this outreach was a letter to each county committee person from Independence State Chairman Frank MacKay (copy attached as Exhibit A). Also included in this mailing was a form (copy attached as Exhibit B) stating that the committee person was unaware of their nomination and that this committee person wanted to be relieved of the position and taken off the county committee list. A self addressed stamped envelope was provided to mail the form back. Due to a lengthy data collection process in acquiring the county committee lists, this letter and enclosed form with return envelope went out at the end of August, 2006. Mr. Zumbluskas along with State Executive Committee persons Carmen Quinones, Frank Morano and Michael Niebauer acted as the central collection committee for all returns. Over the following two month period, this outreach yielded over 1000 returned forms and 500 hundred letters returned as do not forward mail. These state executive committee members reviewed these responses from the unaware county committee members and attached the designating petitions that nominated them to the county committee. Mr. Zumbluskas and the other Executive Committee members then sorted by these returns and attached petitions by petitioner. From this process comes the basis of the complaint against the thirteen state committee members who were the subjects of this May 18th hearing. Mr. Zumbluskas provided the Removal Committee with an excel spread sheet containing the names of these thirteen state committee members. After the names of these thirteen state committee members is the number of unaware county committee members they petitioned on the county committees (copy attached as Exhibit C). The Removal Committee also received testimony from Mr. Zumbluskas concerning additional information concerning the do not forward mail along with presenting to the committee all the documentation culled from this mailing. Following the hearing, the Removal Committee reviewed the evidence and testimony. The findings are as follows:
That these state committee members did participate in fraudulent electioneering by circulating designating petitions for county committee members who were unaware of their nomination to the county committee. Furthermore, the Removal Committee recognizes that an organized effort to defraud the political process was undertaken by these state committee members at a volume that is unprecedented. For these reasons, it is the recommendation of the Removal Committee that the State Committee of the Independence Party of New York remove from office these thirteen state committee members listed on Exhibit C.
Hearing 2 – June 1, 2007 held in the Town of Manlius, Onondaga County – The complaint was brought by Ms. Deb Cody, a resident of Onondaga County, a member of the Independence Party of New York and Chairperson of the Onondaga Independence Party. The complaint was against Mr. Robert C. Gonzalski Sr., state committee member from the 119th Assembly District of Onondaga County. Chairperson Cody supplied signed affidavits that concern the petition process of 2006 for Independence County Committee in Onondaga County. Affidavits from nominated county committee persons Sheryl Mack, Lee Ann Russo and John Prince state that these party members had no knowledge that they were nominated on designating petition for the political office of Independence County Committee. These petitions were carried by Mr. Robert C. Gonzalski Sr. In addition, there are two signed affidavits from Mario Fuller that state he had no knowledge he was nominated for the county committee in Onondaga County. Mr. Fuller also states that the petition he signed was blank although when the petition was filed at the Onondaga County Board of Elections, it had his name on it. This petition was carried by Mr. Robert C. Gonzalski Sr. Mr. Fuller additionally states in these affidavits that he was asked by Mr. Gonzalski to sign the petition on May 28, 2007, a full week before the start date for petitioning of June 6, 2006. In additional affidavits, Mr. Wesley Dryden and Ms. Lisa Somers state that their signatures were forged on petitions circulated by Mr. Gonzalski. Following the hearing, the Removal Committee reviewed the evidence. The findings are as follows:
That this state committee member did participate in fraudulent electioneering by circulating designating petitions for county committee members who were unaware of their nomination to the county committee. That petitions were circulated that were blank at the top, that signatures were forged and that petitions were circulated before the election calendar start date. Furthermore, the Removal Committee recognizes that an organized effort to defraud the political process was undertaken by this state committee member. For these reasons, it is the recommendation of the Removal Committee that the state committee of the Independence Party of New York remove from office Mr. Robert J. Gonzalski Sr., state committee member from the 119th Assembly District.
Hearing 3 - June 5, 2007 held in the Town of Clifton Park, Saratoga County – The complaint was brought by Mr. Lee Kolesnikoff, a resident of Saratoga County, a member of the Independence Party of New York and Chairperson of the Saratoga Independence Party. The complaint was against Mr. Richard Fenton and Ms. Elizabeth H. Hammond, state committee members from the 110th Assembly District of Saratoga County. Chairman Kolesnikoff brought evidence of a fundraising effort in Saratoga County for the ‘Friends of Independence 2006’ Committee. This committee is New York City based and controlled by the Independence Party of New York County. This fundraising was conducted by Mr. Fenton and Ms. Hammond without the knowledge of Chairman Kolesnikoff. Chairman Kolesnikoff became aware of these fundraising efforts when contacted by several elected officials. Upon further investigation, Chairman Kolesnikoff found that the elected officials solicited by Fenton and Hammond were under the belief that their donations were going to provide support to the Saratoga County Independence Party. Chairman Kolesnikoff provided a copy of a NYS Board of Elections July, 2006 filing for ‘Friends of Independence 2006’ (Exhibit D) that show donations from Saratoga County amounting to several thousand dollars. In additional testimony, Chairman Kolesnikoff stated that many of these officials were outraged when they found out the true nature of this fundraising effort and would be willing to take further legal action against Mr. Fenton and Ms. Hammond for these deceptive solicitations. Following the hearing, the Removal Committee reviewed the evidence. The findings are as follows:
These state committee members participated in a deceptive fundraising effort in Saratoga County without the knowledge of the Saratoga County Independence Party leadership. Furthermore, that these solicitations lead many donators to believe that the donations were to be used by Chairman Kolesnikoff and the party leadership of Saratoga County for electioneering within Saratoga County. The Removal Committee recognizes that an organized effort to defraud the political process through deceptive fundraising tactics was undertaken by these state committee members. For these reasons, it is the recommendation of the Removal Committee that the State Committee of the Independence Party of New York remove from office Mr. Richard Fenton and Ms. Elizabeth H.Hammond, state committee members from the 110th Assembly District of Saratoga County.
This concludes the report of the Removal Committee of The Independence Party of New York.
Submitted by the Removal Committee,
Thomas Connolly
William Bogardt
Frank Morano
