Contact:  Jeff Johnston
                 914-466-0363

FOR IMMEDIATE RELEASE

Mark Suben Memo Says Bill Wood Appointment Lacks Legal Basis
Controversial Elections Commissioner appointment could be in jeopardy

Cortland, NY (August 12, 2008) - County Attorney Mark Suben today released a memo to the Cortland County Legislature advising that there is no legal basis for the recent appointment of Bill Wood as County Democratic Election Commissioner. The memo was issued at the request of County Legislator Don Spaulding (D-6th Legislative District).

Among the issues surrounding the controversial appointment of Wood was whether a majority of the members of the Democratic Legislative Caucus supported his appointment, and many legislators were also concerned that Wood also serves as chairman of the County Democratic Party.

"I can find no legal basis to support Mr. Wood's appointment on August 1, 2008," Suben concluded in his memo, after fully examining the facts and the law surrounding the controversy.

Read the memo...

Many people were surprised and gratified that Suben, as a candidate for District Attorney, had the courage to issue such an opinion concerning the chairman of his own party.  "
The opinion was not for or against anyone, but simply was the most objective response to a question asked of me, which I am obligated to try to do as County Attorney," Suben said.

"Frankly, it would have been more politically expedient to avoid the situation, under the circumstances.  But, I don't know how I would ask the voters to give me another job if I'm not willing to do the job I have now to the best of my ability.  I will be the same way as District Attorney - I'll do the job the best I can, without regard to political expediency."

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