By PHIL NOBILE

The Village of Mamaroneck has settled a lawsuit with resident and activist Stuart Tiekert after being advised to do so by its legal counsel and insurance company, who will foot a $27,000 bill.

At the village’s March 24 Board of Trustees meeting, the board was nearly unanimous in its vote to settle the lawsuit after Village Attorney Charles Goldberger advised doing so “solely because of economic reasons,” citing the potential costs of legal fees if the case continued. Trustee Andres Bermudez Hallstrom, a Democrat, was the lone vote in opposition of settling the suit.

Tiekert, a former village Democratic committee chairman, said he was pleased with the settlement.

“I understand that I can be persistent, but I do believe in participatory democracy, and that it is important that people understand public meetings should be a safe place for people to express their views,” Tiekert said. “It doesn’t have to be in a hostile atmosphere.”

Tiekert filed his lawsuit against the village, Republican Mayor Norman Rosenblum and Village Manager Richard Slingerland on Nov. 7, 2012, alleging that his First Amendment rights at a July 2012 Board of Trustees meeting were violated when Rosenblum directed a police officer to remove Tiekert from the podium during a public comment period. The lawsuit alleged that Rosenblum and Slingerland “engaged in a campaign of vindictiveness and retaliation” towards Tiekert, and that his constitutional rights were interfered with and prevented as a result.

The resident sought monetary damages and declaratory and injunctive relief, according to the lawsuit filing.

Terry Grainger, an attorney representing the village’s insurance company in the matter said the settlement was agreed to because the village would admit no liability and not have to cover the $27,000 cost to Tiekert; a cost instead picked up by Traveler’s.

“This is a pragmatic approach to ending the lawsuit,” Rosenblum said, describing the process as enlightening and educational.

According to Goldberger, the village’s insurance rates would “not necessarily” be affected as a result of the settlement.

In his vote against settling, Bermudez Hallstrom issued a scathing statement towards Tiekert at the board meeting, alleging that Tiekert, over the years, has cost the village more than $215,000 in taxpayers’ money through various legal challenges.

“It’s clear his goal is to embarrass us, and I think we face a bigger risk by settling,” Bermudez Hallstrom said in reference to the money spent over the years on lawsuits by Tiekert. “I think if someone robbed Village Hall and set it on fire, it would have more use because at least it would have kept someone warm.”

The trustee challenged the public to view the July 16, 2012 Board of Trustees meeting where Tiekert was removed from the podium to determine whether or not any settlement was warranted.

“If you think he deserves $27,000, let us know,” Bermudez Hallstrom said.

When asked about the trustee’s comments, Tiekert disagreed, saying he couldn’t vouch for Bermudez Hallstrom’s numbers about costing the village taxpayers money over the years, and added that his claims were “way off.”

“I don’t think he should be characterizing my motivations,” Tiekert said. “I was trying to bring some light to the fact that people in a democratic society have the right and the obligation to participate in government; and that is a protected right.”

Tiekert’s attorney, Debra Cohen of the firm Newman Ferrara, also has her own history with the village, as she is the attorney for David and Kinuyo Witt, who sued the village after they were flooded out of their First Street home, and the Shore Acres Property Owners Association, a consistent opponent of Mamaroneck Beach and Yacht, and Hampshire Country clubs.

Contact: phil@hometwn.com