Exercising Amendment 1: Petition to the Sidney Town Board

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
- Amendment 1 (1791)

The right for citizens to petition their government to for a redress of grievances is one of the most important democratic concepts in the U.S. Constitution. It can be traced back to the 61st chapter of the Magna Carta (1215). This right has been protected in a number of important instances, going back to the when the House of Representatives ruled that public prayer meetings in Washington, DC, aimed at ending slavery, were illegal; it took John Quincy Adams five years to overturn this unconstitutional restriction. There are also a series of important U.S. Supreme Court decisions upholding the right of citizens to voice complaints against elected officials at all levels of government.

On October 14, 2010, at a Town Board Meeting in Sidney, N.Y., a group over over 120 citizens from the town and surrounding area was denied their right to voice their opposition to Town Supervisor Robert McCarthy's recent actions. These complaints included, but were not limited to, the following:
{1} Supervisor McCarthy's agenda aimed at a Sufi settlement on Wheat Hill Road outside the hamlet of Sidney Center;
{2} Supervisor McCarthy's telling journalists that: (a) the cemetery was illegal, despite the fact it had been approved by the Town of Sidney in 2005; and (b) he would force the disinterment of the two graves in this cemetery;
{3} Supervisor McCarthy's claim on Fox News that he is the "victim" in this conflict; his crude bullying tactics at the 10-14 meeting, including several threats to force the removal of citizens who openly disagreed with his opinions; his false claims that he had not told reporters the cemetery was illegal and that he would force the removal of the graves, which are well-documented; and his stubborn refusal to apologize to either the targets of his personal attacks, or to the community in general;
{4} Supervisor McCarthy's actions at a recent County Republican dinner, in which he knowingly and falsely denied the accuracy of Sidney Town Board minutes, and introduced a false statement purporting to be the actual minutes (Huffington Post; 10-17);
{5} Supervisor McCarthy's mismanagement of the duties of his position, including: personal conflicts with other town officials and employees; the crisis with book-keeping; an unexplained and potentially illegal check for $50,000, connected to Sidney's Hospital; his refusal to get bids on an expensive roofing project; and more.
{6} Supervisor McCarthy's opposition to Sidney's Boys & Girls Club, which he has reportedly called a waste of space and money that serves young hoodlums who will end up on welfare.
{7} Supervisor McCarthy's letter to Delaware County DWI Coordinator Lisa Barrows, which has since been made public, in which he rants against DWI laws; the enforcement of those laws; public schools teaching alcohol abuse materials; expresses his contempt for state and federal government; and threatens to work against funding to county substance abuse services;

Robert McCarthy's offensive words and behavior have resulted in significant damage to the Town of Sidney's reputation. Local, national, and international media has overwhelmingly condemned him for his gross abuses of the power of his elected office. Further, a significant number of groups and individuals in the tri-county area have come out publicly in opposition to him. These include, but are not limited to: the Mayor of Sidney; the Sidney Chamber of Commerce; 40 area clergymen and women; the Chairman of the Delaware County GOP; two regional Tea Party leaders; and hundreds of citizens from in and around Sidney.

On October 13, members of the Sidney Town Board took an action that they hoped would diffuse the controversy over the cemetery, when they announced they would take no further actions against it. At the following evening's Town Board meeting, they read a statement saying they recognize a "serious lack of people skills" on Robert McCarthy's part. Yet the controversy has not gone away. In fact, it has become increasingly likely that a citizens' civil suit will be filed in NYS Supreme Court Appellate Division, per Public Officers Law, Section 36, to remove McCarthy from office.

We, the undersigned, request that Robert McCarthy recognize not only the damage that he has done to our area already, but the potential pain, disruption, and expense that such a legal case will cause for Sidney, N.Y. Thus, it is important that he resign from the office of Sidney Town Supervisor immediately. Further, we call upon other town and county officials and employees to talk to McCarthy, and encourage him to do the right thing for our area. It is time to put this ugly chapter behind us, and to move forward.