News Contact Dan Ashley, Chairman @ 271-8744 February 8, 2010

from the North Greenbush Democratic Committee

Democratic Chair Calls on Democratic Councilman to Recuse From Appointment Vote on Attorney

North Greenbush Democratic Chairman Dan Ashley today called on Councilman Al Spain, a registered Democrat, to recuse himself
from any vote to appoint a controversial attorney to a paid position representing North Greenbush in Town Court. A vote is likely on
the agenda for this Thursday’s Board meeting at 7PM.

It has become clear that Councilman Spain is in the same ethical dilemma that his colleague Councilman Desso faces with regard to
voting to appoint an attorney to the town payroll who is apparently providing free legal service to a close family member. Attorney
Joshua Ehrlich is apparently providing free legal services to Councilman Spain’s brother Jeffery, no doubt in part because Jeffery’
brother Al is providing a vote to put Ehrlich on the town payroll. I call on Mr. Spain to get his head out of the sand and avoid the
appearance of impropriety that will ensue if he uses his elective office to reward someone who in turn is providing free legal services
to a family member.

Attorney Ehrlich, is an out of town election lawyer whose ties to his brother Jeffrey Spain landed him a job on the town payroll two
years ago with Councilmen Spain and Desso’s support. He had no experience as a prosecutor. He and another out of town attorney
have been illegally appointed to their positions in violation of the Public Officer’s Law residency requirement for the past two years.
Rather than replace each with a town resident, the pair has sponsored legislation allowing non residents to serve in the positions.

Councilman Desso has at least recognized the conflict of interest that would be created if he were to participate in a vote to allow an
attorney to be appointed to the payroll given the fact that the attorney is providing free legal services to Desso in a civil matter.
Councilman Spain has thus far failed to see or comprehend the same standard for recusal that should also be applied to him in the
same situation.

Ashley noted that the Town Ethics Board has received a complaint on the matter but unfortunately, neither Council members have
bothered to appoint an Ethics Board for the past two years in direct defiance of town laws requiring its appointment. As such, there
is no one in place to provide impartial guidance to elected officials that might otherwise exist.

We all understand that non resident attorneys have been wrongly appointed to town positions over the past decade by prior town
boards, stated Ashley. But none of these appointments was made with even a hint of ethical impropriety by prior town board
members. Democrats understand that Councilman Spain has rejected his party for a number of years, preferring to work with
Republicans. In this case, it is Republican Desso who has seen the ethical quagmire created by participation in this vote and
Democrat Spain who has his head in the sands on the need for recusal. “The only time they apparently see each other now is when
both have their heads in the sand looking for the Town Ethics Board”, concluded Ashley.

Anybody seen the North Greenbush Town Ethics Board?

Democrat Spain and Republican Desso’s “Bipartisan Advertures”