Did clerk rip off loving couples?

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Brookhaven Town Clerk Pam Betheil charged couples up to $200 for marriage ceremonies despite a $75 statutory limit. File photo (click for larger version)
May 06, 2009 | 03:29 PM
Brookhaven Town Clerk Pamela Betheil is being investigated by District Attorney Tom Spota for allegations that she overcharged couples for ceremonies performed as one of the town's marriage officers.

A spokesman in the town's public information office said Monday that Spota's office had issued subpoenas in the case that came to light last week. Betheil was charging couples up to $200 to marry them. The town resolution authorizing the clerk to perform marriages limits the fee — if the ceremony occurs outside of Town Hall or after regular business hours — to $75.

Betheil would not comment at the direction of the attorney she has retained in the matter except to issue a brief statement which read in part: "To say that I am devastated by what is occurring is an understatement. ... I have been advised not to speak about what is taking place."

Jim O'Rourke of Hauppauge, Betheil's attorney, defended his client. "The town resolution ... [has] no prohibition on reimbursements and expenses," said O'Rourke. The lawyer said that represented the additional amount collected by Betheil over the $75 limit and added, "That which is not prohibited is permitted."

New Brookhaven Supervisor Mark Lesko said he has "initiated an investigation with the town attorney and discussions with the district attorney." The former prosecutor said he was aware of an anonymous letter that circulated during the special election campaign in March regarding Betheil's actions.

The issue apparently came to a head during a session with a Brookhaven Town Democratic screening committee at which Betheil, first elected to the clerk's post in 2005, sought to win the party's endorsement to run for re-election. Shortly after that meeting Betheil reportedly said she would not seek another term due to health reasons.

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However, she may be backing away from that stance. O'Rourke said Monday his client is "rethinking" her decision not to run. "She didn't really do anything wrong," he said. The lawyer added that Betheil's fees were well known for some time. "Everyone in the office knew of it," said O'Rourke. "There was no effort to deceive."

O'Rourke opined that the town's investigation was a "result of a heightened sense of corruption Brookhaven feels." He said of his client's actions, "It's certainly not corruption." However, O'Rourke also said his client "voluntarily chose to return the funds" in question. He said in over three years in office, Betheil had collected in the range of $10,000 to $12,000 in "reimbursements and expenses." The Town Clerk post carries a salary of $92,386.

"I am shocked and disappointed," read a statement from Jesse Garcia, chairman of the town Republican Committee, "that the Democratic town clerk thought she was entitled to pad her taxpayer-paid salary.…" Garcia called the situation "just another in a long line of corrupt actions perpetuated on the taxpayers and their families by the Demo-Crooks."

Lesko said he hoped the town's investigation could be completed "as quickly as possible," but added, "Anytime there is a criminal investigation it could slow the town's."

Calling it "ultimately her decision" whether to seek re-election, Lesko said, "I think Pam needs to resolve this matter before she decides whether to run again." "There's also the party here to consider," he added.

Suffolk Democratic Party Chairman Rich Schaffer has apparently done so already. Schaffer said this week he has spoken with Assemblywoman Pat Eddington (D-Medford) about running for the clerk's post in November.

Eddington confirmed from Albany on Wednesday that she will appear before the Democrat's screening committee tonight. The assemblywoman said she has spoken with Lesko who told her "he would like to partner with me" on the ticket in November. Schaffer expressed confidence Eddington would receive the Democratic nomination.

Betheil also serves as president of the Eastern Suffolk BOCES, a position she has held since before being elected town clerk. She had previously served in numerous roles in Brookhaven, including a stint as chairwoman of the Planning Board.


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