MONTICELLO – In a special meeting of the Legislature on November 5, a resolution to hire outside counsel for Sullivan County and the Sullivan County Manager Josh Potosek passed with a 8-1 vote, with District 5 Legislator Cat Scott opposed.

The resolution authorized the signing of an engagement letter with law firm Harris Beach Murtha Cullina PLLC to provide “legal services in connection with a litigation matter,” which through discussions by legislators is connected to the ongoing litigation surrounding the closure of the Care Center at Sunset Lake.

The resolution also states that “the County Manager [Joshua Potosek] has determined that the law firm of Mackay Catania & Whalen, LLP is best positioned to provide legal services and represent his interests.”

On October 29, a judge in Ulster County found both Sullivan County and Potosek in criminal contempt, following a lawsuit brought by Care Center residents and their families, who said that the county moved residents out of the nursing home facility when there was a court order to halt the closure process.

Legislators in August announced the imminent closure of the Care Center, citing financial concerns.

The resolution passed by legislators on Thursday makes clear that engagement of outside counsel is necessary to “advise and represent the County and the County Manager independently.”

Before the vote, Scott proposed an amendment to the resolution that would cap hiring funds at $50,000.

“Take a vote on it, it ain’t gonna pass,” predicted District 7 Legislator Joseph Perrello. As they waited for a second on the amendment, Scott made her pitch: “This is a blank check.”

“Is there a second on the amendment?” asked Chair Nadia Rajsz.

“This is a blank check of taxpayer money,” reiterated Scott. She moved for discussion and continued: “Our jobs were to protect the vulnerable people in that facility, and we had our day in court, and the judge found us guilty… When you make a mistake, you should admit it. You should say ‘I was wrong,’ and then you should start on the process of making amends.”

Scott’s failed amendment and dissenting vote were no match for that of her eight colleagues, who voted to pass the resolution to hire outside counsel for Sullivan County and County Manager Joshua Potosek, who was absent from the special meeting.