THE EVOLUTION OF JUDICIAL TYRANNY IN THE UNITED STATES:

"If the judges interpret the laws themselves, and suffer none else to interpret, they may easily make, of the laws, [a shredded] shipman's hose!" - King James I of England, around 1616.

“No class of the community ought to be allowed freer scope in the expression or publication of opinions as to the capacity, impartiality or integrity of judges than members of the bar. They have the best opportunities of observing and forming a correct judgment. They are in constant attendance on the courts. Hundreds of those who are called on to vote never enter a court-house, or if they do, it is only at intervals as jurors, witnesses or parties. To say that an attorney can only act or speak on this subject under liability to be called to account and to be deprived of his profession and livelihood by the very judge or judges whom he may consider it his duty to attack and expose, is a position too monstrous to be entertained for a moment under our present system,” Justice Sharwood in Ex Parte Steinman and Hensel, 95 Pa 220, 238-39 (1880).

“This case illustrates to me the serious consequences to the Bar itself of not affording the full protections of the First Amendment to its applicants for admission. For this record shows that [the rejected attorney candidate] has many of the qualities that are needed in the American Bar. It shows not only that [the rejected attorney candidate] has followed a high moral, ethical and patriotic course in all of the activities of his life, but also that he combines these more common virtues with the uncommon virtue of courage to stand by his principles at any cost.

It is such men as these who have most greatly honored the profession of the law. The legal profession will lose much of its nobility and its glory if it is not constantly replenished with lawyers like these. To force the Bar to become a group of thoroughly orthodox, time-serving, government-fearing individuals is to humiliate and degrade it.” In Re Anastaplo, 18 Ill. 2d 182, 163 N.E.2d 429 (1959), cert. granted, 362 U.S. 968 (1960), affirmed over strong dissent, 366 U.S. 82 (1961), Justice Black, Chief Justice Douglas and Justice Brennan, dissenting.

" I do not believe that the practice of law is a "privilege" which empowers Government to deny lawyers their constitutional rights. The mere fact that a lawyer has important responsibilities in society does not require or even permit the State to deprive him of those protections of freedom set out in the Bill of Rights for the precise purpose of insuring the independence of the individual against the Government and those acting for the Government”. Lathrop v Donohue, 367 US 820 (1961), Justice Black, dissenting.

"The legal profession must take great care not to emulate the many occupational groups that have managed to convert licensure from a sharp weapon of public defense into blunt instrument of self-enrichment". Walter Gellhorn, "The Abuse of Occupational Licensing", University of Chicago Law Review, Volume 44 Issue 1, September of 1976.

“Because the law requires that judges no matter how corrupt, who do not act in the clear absence of jurisdiction while performing a judicial act, are immune from suit, former Judge Ciavarella will escape liability for the vast majority of his conduct in this action. This is, to be sure, against the popular will, but it is the very oath which he is alleged to have so indecently, cavalierly, baselessly and willfully violated for personal gain that requires this Court to find him immune from suit”, District Judge A. Richard Caputo in H.T., et al, v. Ciavarella, Jr, et al, Case No. 3:09-cv-00286-ARC in the U.S. District Court for the Middle District of Pennsylvania, Document 336, page 18, November 20, 2009. This is about judges who were sentencing kids to juvenile detention for kickbacks.


Friday, August 28, 2026

Tina Mole blurts out the elephant in the room - Delaware County's deliberately EXPLOITS the double roles of its public officials planted into local nonprofits

My May 16, 2026 little blog article diluting Delaware County pink smoke screen of goodness regarding the Senior Meals program and conflicts of interest - and possibly much more in financial dealings - that it hid, blew up quite a cover n a snake pit.

Within a month, Wayne Marshfield lost his seat on the County's Health Committee.  

He then was obviously pressured not to re-run as Town of Hamden supervisor - the first time in 30 years.

Coincidentally, the pair of supervisors involved in the "suddenly surfaced" conflict is the same pair of supervisors who gave the County grief in the Decker Advertising lawsuit, leaking to the press contents of executive sessions - for which the County hired a special investigator Hancock Estabrook LLP who AT THE SAME TIME (1) represented Marshfield in MULTIPLE lawsuits, and (2) investigated and prosecuted him - a stark and irreconcilable ethical violation.

That "suddenly surfacing" conflict begs the question - was exposure of the conflict and the impact of that conflict on the vulnerable seniors, the senior meals program - deliberate?  Targeting political careers of the stubborn Marshfield and no less stubborn Boukai?

Then came something a lot more dear to the heart of ... yes, of Tina Mole, who was, according to my sources, involved in a significant friendship with the patriarch of the Clark family, to the point of taking care of him when he was sick - as a live-in caretaker friend, and driving his car around town.

That is the same Clark family who repeatedly, over decades, received PILOTs (Payment in Lieu of Taxes Agreements) that only this year caused the Town of Delhi to exceed the tax levy in formation of its 2026 budget - for which I am suing the town of Delhi, and they resist discovery.

And, here comes another Clark family PILOT - now they eye the lucrative piece of property in the Town of Delhi, the former E-Center.

The very same piece that the Town of Delhi and the Village of Delhi centered on, seeking to make it their combined town-village facility.

When that clash occurred, apparently, it has become so emotional for Tina Mole that she slipped.

Badly.

When push came to shove, the Town of Delhi Supervisor Maya Boukai published in the Reporter an open "letter to the editor" lamenting that, essentially, in the land of kissing cousins that DelCo is, everybody has conflicts of interest, but not every conflict of interest is treated equally.





Boukai's deferential treatment of local conflict of interest should inspire voters at the booth in the future - maybe, just maybe, they can find somebody to vote for who does not revere local conflicts of interest as a God-given right of local governance.

But, here is how Mole responded - and I would FIRE on the spot any legal advisor who prompted her to put out this masterpiece:

The Reporter published it in full; I will intersperse it with my own commentary and highlighting.

"In response to Ms. Boukais’ Letter to the Editor:

It is true that in our small communities many of our elected and appointed officials wear multiple hats. At times there are conflicts of interest that must be carefully weighed and balanced to meet the needs of the different roles.  However, the comparisons drawn in this letter are not even close to being the same and the conclusions drawn are politically motivated to undermine Jim Ellis in his reelection campaign in favor of a closely aligned candidate to Ms. Boukai.

To begin with, Wayne Marshfield has served on many committees over his years of service to the Town of Hamden and Delaware County.  He has successfully fulfilled the demands of each without conflict until now (TN: not true - back in 2015 I wrote about NYS Audit that flagged Marshfield's conflict in the exact same role, combining the role of County Supervisor and member of Board of Directors of Delaware Opportunities, Inc.).  However, the letter to the editor leads the reader to believe the Board of Supervisors decided to remove Mr. Marshfield because of divided “loyalties” without any explanation as to the facts that surrounded that decision.

It is true for many years Mr. Marshfield has served both on the Delaware Opportunities (DO) Board and as a Board of Supervisor Committee member for the Office for the Aging and the Department of Social Services (both of whom have contracts with DO).  What was left out of the letter was that up until now there has not been any reason to believe there was a conflict between the two roles (TN: translation - he was a good boy, and Mole could simply overlook any of his shenanigans).  The programs at DO, OFA and DSS have operated for many years without issue or concern since it has long been believed that there is some level of separation (TN: translation - nobody cared, and who did care was not in the club).  The board members’ oversight and the day to day operations by staff are generally defined by the program requirements and board decisions are often limited to general oversight, budgetary approval and staff support.  The programs operate through mutual contracts (often dictated by rules from the state or other funding agencies) with clearly defined scopes. Programs operate under the direction of the DO Executive Director and county program managers, in most cases the Department heads. It was not until we became aware of and investigated into questionable documentation and the repeated overruns of the budget for the senior meals program run DO that a conflict became apparent.  The decision to remove Mr. Marshfield from the OFA committee was not because of a “perceived” conflict but was in fact based on Mr. Marshfield’s own actions.

1. When the Board of Supervisors took decisive action to address the issues presented by the OFA Director regarding billing, senior meal donations, lease agreements and lack of compliance with state and federal granting agencies, Mr. Marshfield came to the defense of DO and the Executive Director, taking a position to the detriment of the County, dismissing the concerns of the OFA Director as “a lack of communication” or “unfortunate banter between the two agencies”, minimizing the issues.

2. Mr. Marshfield never acknowledged or reviewed the documented and factual information provided by OFA staff regarding the use of donations, the lack of documentation for reimbursement, and the refusal to provide accounting for all expenditures or revenues. When he was asked as the DO treasurer about the discrepancies, he said he doesn’t see those reports or accounting, denying any accountability for the financial decisions of DO.

3. Mr. Marshfield’s behavior and attitude toward the OFA Director led her to become uncomfortable in Mr. Marshfield’s presence. His unwavering allegiance to DO and its executive director, undermined the Director’s credibility and her abilities; always dismissive of the Director’s attempts to bring the issues to light in a way that would breathe life once again into old female stereotypes and the treatment of women in the workplace.

4. Mr. Marshfield agreed at an OFA committee meeting that he had a conflict and said he would not vote on actions pertaining to the DO senior meals program or the DO contract.  However, when it came time to vote on whether or not to extend DO’s contracts through the end of the year, he voted against of the other committee members and against the interests of the county, instead opting to defend DO despite the mounting evidence of DO’s failure to appropriately manage the program.

5. When confronted in a Board of Supervisors executive session about the issues with DO and the actions of the Executive Director, a board member stated to the county supervisors serving on the DO board, (Mr. Marshfield and Ms. Boukai), that they should put the county first and recommend an administrative leave for the Executive Director until such time as these issues could be investigated and resolved. Neither of them took any action to protect the county, the county employees or the senior meals program. Instead, they cried foul that they were being singled out and they didn’t know why.

6. When Mr. Marshfield was asked about his knowledge regarding the DO Executive Director’s decision to cease senior meal operations immediately, he said he found out when he saw the county press release. However, in the paper he was quoted as saying he was called by the executive director the night before. When confronted with this information and asked why he didn’t let the board know about the action as soon as he found out, he denied knowing anything and said he didn’t read the paper.

It became clear after all these incidents Mr. Marshfield could not wear both hats, and his loyalties were with DO and not the county or our OFA staff.  His removal was necessary to protect our staff, the senior meals funding and the senior meals program. It is not and was not a “perceived” conflict it was a clear conflict that required decisive action by the board.

The letter attempts to draw a comparison of this situation to the current situation surrounding the Jim Thomson Business Center (formerly the E-Center) and Mr. Ellis as a member of the Catskill Development Foundation (CDF). This is clearly intended to mislead the reader into believing the Board of Supervisors’ Vice Chair is doing something unethical or even illegal.

1. Ms. Boukai fails to state in her letter that she too was a board member of the CDF up until a couple of months ago when she took a leave of absence after it was publicly stated at an IDA meeting that she had a conflict of interest.

2. She also fails to share with the public that as a board member she approached the former Business Alliance Executive Director, Ray Pucci about Delhi purchasing the building, this is documented in a February 6, 2026, record of a joint Town and Village Board meeting (attached).

3. Ms. Boukai was also a CDF board member at the time the sale of the Business Center was proposed by the current Business Alliance Executive Director, Todd Pascarella (without CDF Board consent) and she and the Village Mayor met with him to discuss a sale to the Town of Delhi. Her letter states “Instead of being offered on the open market, it is being transferred between organizations whose leadership is closely connected.” Yet her actions were clearly taken to ensure it would be a direct transfer to the Delhi community and not put out to the open market. Her leadership as Town of Delhi Supervisor and as a CDF board member shows she was the only one with a clear connection to both organizations, not Mr. Ellis.

4. The attached February 6, 2026, minutes of a joint meeting of the Town and Village of Delhi Boards at the E-Center clearly states Ms. Boukai had actively been negotiating the purchase of the building not only with the Business Alliance but also with DCEC who had expressed interest in the property. This was prior to the CDF board being notified as the minutes also stated that Mr. Pascarella only notified the CDF board members that day when there were the beginnings of public discussions regarding a possible interest in purchasing the building. He didn’t want to “blindside” the board members by reading about the public meeting instead. The minutes indicated she was only aware of this opportunity and took advantage of it due to her insider information as a CDF board member. Her mission was to gain this property for Delhi prior to any other action by the CDF board members.

5. Ms. Boukais’ letter states “Jim Thomson Center is a unique and valuable property that could contribute to the local tax base”. However, if the property was turned into a joint Town and Village municipal building it would NOT contribute to the local or county tax base. As a business incubator it was always intended to help fledgling businesses grow to better support the tax base across the county.

6. Mr. Ellis, as a CDF board member, has no affiliation with any organization that either expressed interest in the E-Center property or participated in any negotiations with the Business Alliance regarding a potential sale. The conclusion she draws for the reader about Wayne Oliver being a Meredith Town Council Member and Mr. Ellis as the Town of Meredith Supervisor is nonsense and politically motivated. Mr. Oliver, as a Town Council member or as the IDA chair, has no obligation to report to or advise Mr. Ellis, nor does Mr. Ellis have any authority over Mr. Olivers’ decision making. It is insulting to both men to insinuate they do not make independent decisions based on their independent roles in government or pseudo-government operations.

7. Ms. Boukais’ letter states “The Catskill Development Foundation, which controls the property, includes the Town of Meredith Supervisor on its board, who also serves on the Delaware County Board of Supervisors as the County Vice Chair. At the same time, the Delaware County Industrial Development Agency, which is expected to be given the property, is chaired by a member of the Meredith Town Board and is also Deputy to the Meredith Supervisor.” Mr. Ellis is NOT a member of the Economic Development Committee that oversees the IDA (unlike Mr. Marshfield who sat/sits on the OFA and DSS committees). Mr. Ellis has no authority over the IDA or Economic Development and his role as Vice Chair has no bearing on the discussion. Further, Mr. Oliver is NOT the Deputy Supervisor for the town of Meredith. This is clearly a deflection regarding Ms. Boukai’s own conflict of interest as the Delhi Town Supervisor and a CDF board member. The only reason for making this statement is to damage Mr. Ellis’ and Mr. Oliver’s reputations.

8. The letter also states that the building is “...moving toward county ownership”. Clearly there is a lack of understanding regarding the IDA function and their role. The IDA, unlike DO, is a pseudo-county agency not a not-for-profit with no true county-based ties. The IDA was created under Article 18-A of the General Municipal Law by the Delaware County Board of Supervisors as a public benefit corporation, ultimately established by an act of the New York State Legislature. The board members are appointed by the Board of Supervisors, and the Delaware County Economic Development Director is the Executive Director of the IDA. This is important because although the IDA was created by the County and the members are appointed by the county, they are separate and able to hold properties that are independent of the County. This allows them to negotiate PILOT agreements, taxation values and enter into contracts that are separate and independent of the County Board of Supervisors. The Board of Supervisors has no authority to direct the IDA to hold properties or conduct business on the county’s behalf. In fact, in this case the IDA has proposed as part of the property transfer that they will pay village taxes, putting the property back on the tax rolls. The same would not be true if Delhi took ownership.

As a brief history I will offer the following information. The E-Center was first developed as a concept in 2002 as a public/private venture to create a space for business development, workforce development and economic support. Initial conversations with the Economic Development Department, the Planning Department, the IDA and Scott Clark were a result of several factors. Mr. Clark and his family were looking to help redevelop Delhi’s Main Street with in-fill businesses that could support his family-owned businesses and their employees. At the same time Planning and Economic Development had been working with the local villages across the county on Main Street Revitalization projects. Economic Development had secured a Main Street grant to do façade enhancements on store fronts and was working to find solutions to filling empty store fronts. Economic Development was actively working with SUNY Delhi to address workforce development in support of small fledgling businesses as well as the development of a cottage industry economy in the region. The idea of a business incubator was born out of the needs identified by similar efforts taking place at the same time. At that time broadband, fiber optic connectivity and the use of internet services was just starting to be built out and a space that could offer these services to new or small business was desirable and even essential.

The premise of the project was that by supporting fledgling businesses and cottage industries we could help businesses get off the ground and then relocate to the vacant store fronts, infilling Main Street. Although the concept was envisioned as part of Main Street Revitalization initiative surrounding Delhi it was not limited to Delhi and in fact additional incubator space was created in Margaretville later to do the same thing.

The Clark family was willing to purchase the property from Agway, develop the site and then deed it back to the County/IDA for this purpose. However, for the County or the IDA to accept a gift of that value from a private entity many factors to justify it needed to be considered. This proposal also would require some level of oversight and commitment that would best be served by an independent organization. As a result, it was agreed the Catskill Development Foundation (CDF) would be formed to own and operate the business incubator at the E-Center and the Chamber of Commerce, under the Direction of Mary Beth Silano, would manage the property on a day-to-day basis in return for office space for the Chamber. The CDF board included the Economic Development Director, a member of the SUNY Delhi administration, local business leaders and the Chamber President when it was formed in 2002. The mission of the CDF aligned almost exactly with the IDA since they were closely aligned with the IDA and were intended to work hand in hand with Economic Development, the Chamber of Commerce and the IDA for business development and ultimate business relocations.

The construction of the building was funded through grants secured by Economic Development and the Clark family oversaw the construction. Once the building was completed in 2007, it was deeded to the CDF and the Chamber moved in so businesses could start operating there in the various suites within the building. It needs to be understood that it was easier for a private developer to purchase the property and develop it because they were not bound by the same restrictions as a public entity. For example, the County and the IDA are limited to Fair Market Value (plus a small percentage) for purchase and construction requires prevailing wage expenses and procurement rules that the Clark family did not have to comply with as a private developer. This allowed the project to be built quicker and more efficiently even though we were able to secure grants to support the construction. It became a great example of how a public/private venture could be successful.

At the time the property was deeded over to the CDF it was fully paid for and free of any mortgages or financial constraints and due to the not-for-profit status of the CDF it was never established as a taxable property. Since 2007 the CDF has primarily been run through the Chamber as a not-for-profit foundation. However, over time the Chamber and the County IDA had less involvement with each other, ultimately leaving operations of the incubator to the now defunct Chamber. The new Business Alliance Executive Director proposed to offer the property for sale at a CDF board meeting with no definitive action of the CDF to support or challenge that concept initially. History is important because at no time was this facility on the tax rolls in Delhi as a business incubator. Over time it has become clear that the incubator has been mismanaged. Businesses were never intended to make the E-center their permanent home, and the role of the CDF board has been minimized to what the Chamber offered to them as reporting. The CDF has not been afforded the opportunity to review business leases, rent amounts, or costs associated with operating the facility. There is no public record as to what the two mortgages on the building are for and under what premise they were sought. There is no public record of a process for CDF board members to be appointed, what term limits exist if any, public records of minutes or accounting and no accountability of the Chamber or the CDF actions pertaining to the incubator which was paid for with public grants.

The decision of the IDA to seek ownership of the James Thomson Business Center was due to the continuing need for an incubator that can support small business development across Delaware County. The management of the incubator under the IDA and Economic Development will clearly be different as a public entity. However, the decision regarding this transaction was NOT a Delaware County Board of Supervisors’ decision nor was it a Town of Meredith decision.

Delaware County will ultimately benefit from this as we seek to grow business and tax base across the county, however, the Town of Meredith directly gains nothing from this action. Ms. Boukai insinuates Mr. Ellis and Mr. Oliver colluded to make sure the property was transferred to the IDA, however, as independent members of the Town of Meredith Board neither has anything to gain from that action. The CDF decision to allow for the transfer of ownership has nothing to do with Mr. Ellis or Mr. Olivers’ independent roles as Town of Meredith Board members or in their roles as CDF or IDA members. However, the actions taken by Ms. Boukai as both a CDF board member and the Town of Delhi Supervisor had a clear conflict as Delhi was seeking to take ownership of the property for the sole benefit of Delhi, without the knowledge of the rest of the CDF board.

Ms. Boukai states “The people of Delaware County deserve government that is transparent, accountable, and consistent. Multiple hats may be unavoidable in a small community. Double standards are not.” This statement has no merit whatsoever. The comparisons between Mr. Marshfield and Mr. Ellis are completely misrepresented. Ms. Boukais’ failure to disclose her own involvement and conflicts with the CDF shows she is unwilling to be accountable and is most definitely not transparent. Lastly, her attempt to undermine Mr. Ellis and Mr. Oliver is strictly political."


As you see, I have lost interest highlighting anything in the section related to the Clark family.  Mole could just as well state up front:  the Clark family is MY family, do not touch its interests.

But - as to Marshfield - her multiple slips of the tongue are devastating.

She had the audacity to state up front that 

(1) the county went into an executive session in order to PRESSURE a member of the board of a non-profit who "coincidentally" - and for decades - was also the County Supervisor, into violating his fiduciary duties to the nonprofit he was serving; 

(2) expected him to be disloyal to Delaware Opportunities, Inc. (DO) he served as a Treasurer and member of Board of Directors in order to "put County interests first";

(3) considered him a "danger to staff" - a direct flashback from how Mole ousted DSS Commissioner Scuderi-Hunter - because of his loyal discharge of his duties as DO Treasurer and member of the board;

and

(4) openly justified his demotion based on his LOYALTY to his STATUTORY DUTIES to the nonprofit he served.


So, Mole has displayed - up front, in the open, in a newspaper, voluntarily - (1) the County policy of planting its high-ranking officers into boards of local non-profits in order to influence non-profits' personnel policy, up to top-ranking officers of non-profits; (2) claiming that "no issues" existed for decades as long as those planted county officials did not take positions in the non-profit governance "to the detriment of the County", and (3) rained hellfire on Marshfield as soon as he did.

Mole earlier hired Marshfield's own attorneys in Decker Advertisement and a couple other lawsuits, to INVESTIGATE and PROSECUTE him - which the greedy law firm (belonging to the brother of Chief Administrative Judge of upstate New York) agreed to do, conflict or no conflict, counting that the political back up will allow it to do anything it wants, law or no law.

I am the last person to DEFEND Marshfield - but here Mole is accusing him of having refused to succumb to that extreme pressure.

That was the stick.

Mole did not mention the carrot for Marshfield - a very large one - for that one carrot, evidence is developing and I will publish it when it becomes verifiably available.

It is also interesting that the conflict flared not so much through conflict with Marshfield, but through present-time E-center conflict with Boukai.

Boukai, while not having the courage to point her finger at personal relationships of county top managers with the Clark family that is at the core of the conflict, still fights - and fights strongly.  She is not 80, and she is hoping for a long political career in Delhi and Delaware County.  Hopefully not, given her take on "wearing many hats".

I bet, this spat between Mole and Boukai is not the last.  I wonder whether Boukai is aiming at Mole's position as Chairperson of the Board of County Supervisors.  Looks plausible.






















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