A few months ago, Village of Montgomery Trustee Randi Picarello faced allegations for sending insensitive text messages several years before taking office. The village board, after investigating these accusations, announced its decision for Picarello’s case last Tuesday, July 23 during a special counsel session.

In mid-March, a few days before the village’s mayoral election, resident Robert Saladin circulated posts on social media accusing Picarello of racist language; his statements included screenshots depicting an alleged text message thread between her and her husband from several years ago. Saladin also appeared at the village’s March 20 meeting and requested the mayor and trustees remove Picarello from the board.
Picarello denied the allegations and asserted that Saladin’s actions were smear tactics used against her to sway the election results.

“Rob Saladin’s request for my resignation at the March 20th meeting was a predictable maneuver consistent with the techniques of national-level politics and fear-mongering used throughout this election by my opponent, Mayor-elect Mike Hembury, and his supporters,” Picarello wrote in March. “It is unfortunate that this is what a few people in our tight-knit community have resorted to. The damage it has and will continue to create is much more pervasive than their group has considered.”

Following Saladin’s comments on March 20, the board hired Jackson Lewis, a law firm, to investigate the allegations and help the board move forward from the situation. During the village’s July 23 meeting, Picarello mentioned that she was allowed to vote on hiring Jackson Lewis and the firm’s findings but was not allowed to read the investigation’s results and opinions due to attorney-client privilege.

Brian Paz, an attorney from Walden, represented Picarello and provided a statement before the board discussed its decision. He summarized the allegations and asserted that the investigation was unwarranted due to the legitimacy of Saladin’s screenshots and the timeliness of the posts before the election.

“Miss Randi said ‘I don’t have those text messages, I never sent them, and I don’t believe they are from me.’ We questioned how this individual got these text messages because they were between two consenting adults and there was no reason that anyone should have somebody else’s text messages,” Paz said. “They were put on social media before the mayoral election, and we believe those text messages were part of the reason that Randi may not have won the mayoral election.”

The Board’s Decision
Ultimately, after reviewing the investigation results and feedback from Jackson Lewis, the board presented a resolution that would reprimand Picarello based on the allegations against her. This would address not only the text messages but two other situations: an obscenity that Picarello allegedly directed toward an unidentified attendee during a board meeting last April, and a conflict of interest caused by her positions in the Business Council of Greater Montgomery and her consulting firm, ETB Solutions.

Mayor Mike Hembury listed the resolution’s two recommendations: Picarello would need to attend a harassment training program and withdraw herself from any future village board votes involving businesses she represents through BCGM or ETB Solutions. Additionally, all board members would need to submit a list of any businesses they represent to avoid bias for future votes.

“Whether or not the resolution is adopted, the board considers this matter closed, other than implementing the recommendations in the resolution,” Hembury prefaced before reading the resolution. “As mayor, I will have no further comment on this matter and look forward to moving on with village business.”

“The board of trustees is in the opinion that Trustee Picarello should attend a one-on-one comprehensive harassment prevention training program to better sensitize the concerns prior to her actions and potential impact on some of the people in the community that she is representing,” Hembury read. “Trustee Picarello should also execute an affirmation confirming that she must remove herself and cannot vote on any matter involving the business that she represents throughout her capacity as director of either organization.”

Picarello’s Response
Picarello then directed more than two dozen questions to the mayor, trustees, and Village Attorney William Frank. She asked how the village’s ethics board plays a role in the investigation, how her positions in BCGM and ETB Solutions created a conflict of interest, how much the investigation cost, and if whether or not the investigation would create a precedent for future accusations against board members.

“If members of this board receive behavior that they consider unethical, why hasn’t any members of this board asked for a review by the board of ethics? Who is able to make accusations that encourage us to skip steps in our established protocol?” she said. “Is the intent of this board to establish a precedent that we will use taxpayer dollars to investigate any allegation made by any individual appointed at any time in a Village of Montgomery official’s life whether during public office or prior?

Of the answers she received, Picarello learned that the village’s ethics board was not involved in the investigation and that allegations against village officials are handled on a case-by-case basis. The board and village attorney also left several questions unanswered, such as those about the investigation’s cost or why the mayor and trustees did not refer to the ethics board for review.

In her closing statement, Picarello asserted that, while willing to adhere to any training and agreements established in New York State’s general municipal law, the allegations were not factual evidence and did not impact her position as trustee. She felt that that investigation was a poor use of taxpayer dollars and could prove problematic for future accusations against village officials. After she finished, the room erupted in applause and cheers from the residents watching.

“My co-equals have chosen to reprimand me with no real recourse that would justify the use of taxpayer dollars. We desperately need this money for things like water and infrastructure improvements.

Allegations are not facts and in this instance, they also have nothing to do with holding this office. ‘Should’ is not a requirement, and in this instance, the suggestion would remedy nothing,” she said. “I will continue to adhere to and be mindful of the agreement as outlined in general municipal law. I’m also happy to attend any training required by the State of New York and adhere to any protocols equal to those employees who sit next to me.”

“Using taxpayer dollars to investigate allegations with no established veracity for acts allegedly taking place prior to holding an office sets a very dangerous precedent for all current and future public servants,” she continued.

The board then passed the resolution with a 4-1 vote, with Picarello voting no.