Democrats on the Chautauqua County Legislature are speaking out about what they say are mistrust and questionable activities by Norm Green, Chautauqua County Democratic Party chairman and Chautauqua County Democratic election commissioner.

Chuck Nazzaro, D-Jamestown and legislature Democratic minority leader, said in a letter sent to The Post-Journal and other media outlets late Tuesday night that the Democratic Legislative Caucus had planned to stay silent on the issue of Green’s successor until after a decision had been made in a lawsuit filed by Green against the legislature last week. Green and Luz Torres of Dunkirk asked the state Supreme Court in Chautauqua County to halt a proposed resolution that could make Loren Kent the next Democratic Election Commissioner. In a lawsuit filed Wednesday morning in Mayville, Green and Torres — who won the party’s recommendation to be the next Election Commissioner — claim the legislature and Democratic Caucus respondents appear about to proceed without and in excess of their authority under the Election Law and New York state Constitution by appointing … Kent instead of one of the recommended/certified names.” Named in the lawsuit are the county, the County Legislature, Kent, Katherine Tampio, Legislature clerk; and Democratic legislators Charles Nazzaro, Robert Whitney, Paul Whitford, all of Jamestown; Robert Bankoski of Dunkirk and Christine Starks of Fredonia.

The issue of Green’s successor became public late last year, but Nazzaro said the issue actually goes back nearly two years. In 2019 Green asked the Democratic Legislative Caucus for a break in services as election commissioner so that Green could collect his pension benefits, with Green wanting to then be reappointed later. Caucus members didn’t support the idea, instead asking Green to end his participation in the county’s health insurance plan and then retire at the end of his term. Green continued receiving his salary and pension benefits.

“It was the consistency for the staff at the Board of Elections with the onset of early voting and the promise to retire that brought the caucus to support this with hesitation,” Nazzaro wrote. “At the April 24, 2019, legislature meeting the reapportionment of Norm Green was approved 15 to 1 (three absent) for the reminder of the current term that expired December 31, 2020. In an email dated January 29, 2020, sent by Mr. Green to the Democratic Caucus he said ‘I accept your decision and Dec. 31st will be my last day on the job.'”

Kent then expressed interest in becoming the election commissioner and garnered the support of the Democratic Legislative Caucus. Nazzaro wrote legislators expected Kent to be supported by the county Democratic Party Committee during its Feb. 22, 2020, meeting when Green pushed Torres with no notice. When a motion was made to appoint Kent, Green adjourned the meeting with no action being taken.

COVID-19 restrictions pushed the discussion into the late summer and fall as division grew within the party, Nazzaro wrote. Paper ballots were mailed to the party’s Executive Committee officers and counted publicly via Facebook Live on October 5, 2020. That vote led to Green being re-elected as party chairman despite facing a challenge Judith Einach. Torres was the choice for election commissioner, narrowly defeating Loren Kent, who won as party secretary.

In the wake of the lawsuit filed by Green and Torres, three local town and village Democratic Party committees have called for Green to resign. All committees what they term as poor leadership, ethical concerns, an undemocratic process and unprofessional conduct by Green.

“What the average person did not know or see as they watched the votes being tallied is that during this timeframe, with little or no communication, Democratic County Committee members were being removed and new members added by the Executive Committee. County committee members hold weighted votes based on the population of their district,” Nazzaro wrote. “Because of the limited communication, those that were removed did not know they were removed and did not receive the ballot they would have. Also, some county committee members that were added were placed in districts in which they did not reside. If you were to look closely at the changes to the membership roster during this time you would see how the division of the committee and the placement of weighted votes was targeted by Democratic Committee Chairman Norm Green. Because of all the uncommunicated changes and the close counting of the weighted votes for election commissioner, the Democratic Caucus looked more deeply into the activities of the executive committee and Chairman Green. Other examples of mistrust and questionable activities were found. There have been attempts to discuss and clarify these issues, but this has not been productive.”

Green, when contacted by The Post-Journal for comment on Monday regarding the committees’ votes of no confidence, said he would not “allow my critics to drag me into their misguided public fight that absolutely results in the county Democratic Party being damaged. The facts they present are incorrect, inaccurate and false. We have state election law and county party by-laws that we follow. No, I will not be detailing my answers to the public about internal party matters.”

Nazzaro said legislative Democrats believe both Kent and Torres are quality candidates to be the next election commissioner while adding the legislators’ decision to vote last week to appoint Kent — and prompt the lawsuit by Green and Torres — was driven by their belief that Kent’s appointment was the right thing to do.

“Just because something is legal, it does not mean it is right. It’s our firm belief in our own ethics that bring us to support our decisions outside of the thinking of our county’s Democratic Executive Committee and Election Commissioner,” Nazzaro wrote.