The Ulster County Legislators passed judgment on one of its own in a formal vote of disapproval at its July 16 meeting. Democrat Joseph Maloney became only the second legislator in that body’s history to receive the censure of his elected colleagues. The vote was 19 to 3.
Republican minority leader Kevin Roberts of Plattekill voted against the resolution to censure, as did two other Republicans, Craig Lopez of Wawarsing and Eric Kitchen of Ulster.
Maloney traded insults across the conference table with Ulster County sheriff Juan Figueroa during a July 3 Law Enforcement and Public Safety Committee meeting.
The exchange began when Maloney introduced a line of questioning intended to scrutinize Figueroa’s policy of not alerting the federal agency for Immigration and Customs Enforcement, ICE, following the arrest of anyone discovered to be undocumented.
“I have a standing policy not to contact ICE as a sheriff,” Figueroa said. “If they break the law and they’re wanted and there’s a warrant, then yes. But if not, they go through the regular court system like anybody else, because in this country … you have the same rights as everyone else, whether you’re an illegal immigrant or not. If you break the law, you’ll be held accountable for it.”
Maloney posed hypothetical situations to examine the potential consequences of Figueroa’s policy.
“If we don’t call ICE, say somebody is accused of rape,” said Maloney, “we release them and maybe a witness doesn’t want to testify any more. We’ve released them back into the community. If we call ICE, that individual is picked up.”
“If a court of law finds that [any] individual is not responsible for a crime,” Figueroa responded, “that’s up to the court system. That’s not up to the sheriff.”
Like a driver pulled over and forced to undergo a battery of sobriety tests, Figueroa became exasperated when Maloney persisted with his line of questioning. He abruptly refused to cooperate.
“I’m not going to get into hypotheticals,” said Figueroa, “I’ve been a cop for 36 years,” and he pointed a finger at Maloney. “Don’t insult me.”
The two men began a contest of barb-trading brinkmanship. Committee chair Gina Hansut repeatedly called for a ten-minute recess without either man acknowledging her prerogative to do so.
When the recess finally was recognized, the video-recording equipment was paused. According to witnesses in the room, the exchange didn’t end there. Figueroa stood up quickly from his chair and leaned over the table to threaten Maloney. Since the audio-recording equipment was still running, what was said next was recorded for posterity.
Figueroa compared Maloney with the hole on the body where excrement exits. Maloney responded by comparing Figueroa with a piece of that which exits the body from that hole.
“Oh, my god,” a voice exclaimed in the beat of silence which followed.
When the room was cleared, Maloney was ushered out one door and Figueroa was invited to exit out another. The sheriff refused to exit the room, and so his private utterances are available to the public through a Freedom of Information Law request submitted to the county.
The night of the voteto censure Maloney for his words and behavior found the legislator defiant. He dismissed his colleagues as clowns and jokers and defended his behavior as instigated by the behavior of the sheriff, whose unwillingness to answer a legislator’s questions he blamed for the escalatory tit-for-tat.
Because Figueroa had pointed his finger, explained Maloney, he had responded in kind. Because Figueroa had raised his voice, he had raised his own. Maloney said he would not be cowed or bullied then, nor would he now.
As proof, he came to the meeting of the full legislature prepared with an oversized badge emblazoned with the word “Censored” which he intended to wear around his neck at future meetings as a sort of scarlet letter.
“This is retribution for all the establishment sycophants to finally get me back in this silly little censorship,” said Maloney, “and it is really about being censored.”
Censor is not the same word as censure. To be censored is to have one’s words or ideas suppressed or replaced. To be censured is to receive a formal expression of severe disapproval.
Because Maloney is still free to vote and speak his mind, he has not been censored.
Majority leader Abe Uchitelle, who introduced the resolution to censure Maloney, said he did so because he found the conduct at the law-enforcement meeting on July 3 completely inappropriate.
“I am submitting this censure in the hopes that we never see a repeat of this,” said Uchitelle. “Censure is part of our procedure, and I believe this is a moment when we should utilize this tool to publicly make clear that this is not consistent with the behavior that should be accepted in this legislature.”
Chair of that meeting which saw the sheriff and the legislator go altogether off the rails, legislator Hansut spoke before the vote as well and singled out language in the censure which identified Maloney’s flagrant disregard for the chair’s directives that had caused a disruption of county government.
“If anyone took the time to look at the tape, I had a call for a recess four times before we stopped for a recess,” said Hansut. “I am very much someone that tries to run a good meeting and play by the rules. There should be respect and decorum at the level of government that we all serve in.”
“Look, I don’t show a lot of remorse,” said Maloney before the vote. “Was it my finest moment? No. But it was a mutual argument with another man, an armed man, who was the aggressor. The one who pointed his finger, the one who raised his voice first, the one who cursed, the one who threatened.”
Minority leader Roberts, who was in the room during the altercation vouched for Maloney’s version of events.
“The sheriff did jump up, point at Joe first,” said Roberts. “It’s very unfortunate. The sheriff is in a position of authority. He’s a head law-enforcement figure in this county. You know, he should have more responsibility than getting into a verbal outburst with legislator Maloney.”
The summation of Herb Litts, Republican legislator for a decade, was particularly poignant.
“It is saddens me,” said Litts. “My first two, maybe three terms in this body, I get in the car and race up to Kingston very enthusiastic about the work we’re going to do for the people of this great county of Ulster. I was very happy. I was very proud to be a county legislator. Very proud that we did not conduct ourselves like Washington, D.C. or even Albany. My past couple terms, not as quick to jump in a car and run to Kingston.”
Litts said that the politicization of the process was what was changing the job.
“Instead of judging things on the merit of the resolution and what’s best for the people of this county, it’s now judged on politics,” Litts continued. “Which side of the aisle did it come from? Who’s on it and who’s not on it? Unfortunately, my colleague gets a little upset, and he says a lot of things. He needs to behave better, in my opinion, to my standard. But the shame of it all is he comes up with some good ideas. And the first thing that happens is people close their ears because he’s saying it. And that’s the wrong way to govern. It shouldn’t be governed on [who says it]. It should be based on the merits of the resolution before us and not about politics.”
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