Town Justice Sally Jaroszynski is pictured at Monday’s meeting of the Ellicott Town Board. P-J photo by Eric Tichy

Ellicott Supervisor Janet Bowman said the decision to abolish a justice position was nothing personal and came about after a review of all town operations.

In a lengthy statement sent to The Post-Journal on Wednesday, Bowman defended the Town Board for passing a resolution in March that will ax one of the town’s two justice posts at the end of the year. The decision, which will impact Justice Marilyn Gerace whose latest term ends Dec. 31, was met with plenty of criticism when council members gathered for their most recent meeting on Monday.

Bowman, in her statement, dismissed claims the resolution was passed improperly or that doing so violated state Open Meetings Law. While she acknowledged the resolution did not appear on the March agenda of the Town Board, it was taken up by council members under “new business” and was voted on in open session.

“Judge Gerace and Judge (Sally) Jaroszynski indicated they felt disrespected by the board’s decision. The board sincerely apologizes for the feeling of disrespect expressed by the judges,” Bowman said. “The board intended no disrespect. In hindsight, the board regrets the parties most impacted by the decision were not given notice of the resolution prior to it being voted upon.

“The board holds no animus toward either Judge Gerace or Judge Jaroszynski. The board recognizes their dedication to the court and the residents of the town of Ellicott.”

In remarks Monday that at times were scathing, Gerace accused council members of “attempting to dismember the court system in the town of Ellicott” as well as silencing local residents by eliminating a town justice position.

On April 5, Gerace filed a petition with the town clerk that could force a townwide referendum vote to keep both justices.

Bowman said the decision followed a review by council members.

“The Town Board, in an effort to ensure the taxpayers which they represent are not overburdened, has been reviewing all town operations in an effort to determine and ensure the services provided are being delivered in an efficient and cost-effective manner,” she said. “The court was one of the operations which the Town Board had been reviewing.”

Claims that the Town Board did not err in its handling of the resolution have been questioned by both justices, a handful of residents and attorneys and two organizations — the state Committee on Open Government and the New York Coalition For Open Government.

Kristin O’Neill, committee assistant director, said proposed resolutions, laws, rules or regulations scheduled to be taken up by public bodies during an open meeting need to be made available upon request at least 24 hours prior to the meeting. She also said talks by a board for eliminating a position have to be done in public and not executive session.

Paul Wolf, president of the New York Coalition For Open Government, referenced the minutes from the board’s meeting in March. The resolution does not appear until the end of the meeting, after a half-hour executive session, in which it was brought up for a vote. The meeting minutes, which are meant to be the written record of the board, does not indicate any discussion on abolishing a town justice was held.

In her lengthy statement, Bowman admitted communication between council members and Gerace and Jaroszynski have not always been “open and/or effective as necessary.” She said the board acknowledges its share of the fault, but added “communication works both ways and the board would hope the court accepts its share of liability for this issue.”

The town supervisor said the board appreciated the comments made at Monday’s meeting. Council members, she said, will be taking them under advisement “when making its determination on how to move forward on this issue.”

Bowman believes another meeting is necessary for the public to provide input for eliminating Gerace’s position.

“The board encourages those who do not feel comfortable or who are unable to attend and speak out at a public meeting to forward correspondence to the town clerk,” she said.

A notice of the meeting will be posted by the town when available.