Legislation allowed attorney for Democratic rep

A power struggle between Putnam Executive Kevin Byrne and county legislators continued last week when he vetoed a measure granting both political parties in the Legislature the power to hire their own attorneys.

Approved 6-0 on Dec. 31, with Legislators Erin Crowley, Bill Gouldman and Laura Russo absent, the charter amendment created the positions of counsel to the majority and counsel to the minority. Nancy Montgomery, who represents Philipstown and part of Putnam Valley, is the only Democrat on the panel.

The amendment superseded language in the code that requires the county attorney to sign off on legal services for the Legislature, allowing the Republicans and Montgomery to hire counsel independent of the Law Department.

Although he enacted a 2026 budget that included $96,000 for a majority counsel and $50,000 for a minority attorney, Byrne vetoed the charter change on Jan. 23, eight days after he presided over a public hearing in which Crowley and Russo were among those who denounced it.

Byrne said that the Legislature had approved the change "with limited public discussion, limited transparency and noticeably without the participation of several legislators who were either absent or had not yet been sworn into office at the time of the vote." (Jake D'Angelo and Thomas Regan Jr. were seated Jan. 1.)

At the public hearing, Montgomery pushed back on claims from Crowley and Russo that the approval had been rushed and that establishing a counsel for the minority party would be costly and partisan. She said the amendment was discussed at six public meetings and "aligned the county charter" with the 2026 budget, which was supported by Crowley and Russo.

"There were many written messages about a lot of the resolutions we passed — many comments, many opinions of different line items in the final budget," said Montgomery. "Yet there was no mention, either positive or negative, with respect to the funding for legislative counsel."

Byrne and the Legislature spent part of 2024 sparring over an attempt by legislators to give themselves the power to fire the county attorney, with Byrne at one point suing lawmakers. Putnam's charter allows the county executive to fire the county attorney, but only with approval by two-thirds of the Legislature.

On the heels of that skirmish, the Law Department terminated the contract of Robert Firriolo, who had advised the Legislature for seven years and been approved for reappointment. Firriolo unsuccessfully sued the county, and the Legislature is now getting advice from an attorney in the Law Department.

Jennifer Colamonico, chair of the Putnam Democratic Committee, said Byrne's veto represented a "politically and punitively motivated attack on minority rights," in reference to Montgomery. "Access to legal counsel — especially with respect to limiting the powers and abuses of the executive branch — is essential to the Legislature's ability to execute its chartered duties," she said.

Byrne said he supported amending the charter to give legislators "a stronger form of independent counsel through one attorney that it can hire and remove at will," but added that "this same consideration" should be given to his office regarding the county attorney.

Byrne said he has requested that the Legislature reconvene Putnam's Charter Review Commission "to address these and other outstanding structural issues in a thoughtful, deliberative manner that respects both branches of government."

Montgomery said she is "fully prepared to support and, if necessary, introduce future charter clarifications that restore and reaffirm the county executive's authority over the county attorney."