BERNE — During an otherwise perfunctory reorganizational meeting, the Berne Town Board — now led by Republican Dennis Palow, who had previously been deputy supervisor — made two key appointments by unanimous vote: Albert Thiem to the town board, and Thomas Spargo to the zoning board of appeals as its chairman.

All the votes on Jan. 1 were unanimous as GOP-backed candidates won the November elections.

Thiem will fill out the rest of former Councilwoman Bonnie Conklin’s term, which ends in 2024. Conklin, a Conservative who ran on the Republican line, resigned earlier this year, after the point at which the seat could no longer be filled in the Nov. 2 election. Thiem, of Shultes Road, is listed on Albany County voter rolls as a Republican. He could not immediately be reached for comment.

Thiem joins a board made up entirely of Republican-backed candidates, who swept away their Democratic opponents with ease during last year’s election. Democrats, who, of all the parties, boast the highest number of active voters in their ranks, were hoping to retake the board after the Republican Party first attained a 4-to-1 majority in 2020.

Thiem is one of three members brand new to the board, the others being Thomas Doolin and Anita Clayton. Clayton was formerly town clerk, a post now occupied by Kim de Oliveira. 

Spargo

The appointment of Spargo — a former State Supreme Court Justice who was convicted of bribery and sentenced to two years in prison for it — is likely to be controversial with those who are already critical of the town board. 

Spargo’s downfall began in 1999 with his race for town justice in Berne, which he won as a Republican in a town dominated by Democrats; he has since changed his enrollment to the Conservative Party.

Spargo was later accused of judicial misconduct by the state’s Commission on Judicial Conduct for, among other things, “offering items of value to induce voters to vote for him.” His mounting legal defense fees are what prompted him to lean on lawyers for funds.

A nationally known expert on election law, Spargo was also charged by the commission with engaging in “prohibited activity,” the reason being that, in November of 2000, he attended the governmental sessions for the recount of presidential votes in Florida, as an observer for the Republican Party.

The commission stated that Spargo “participated in a loud and obstructive demonstration against the recount process outside the office of the Miami-Dade County Board of Elections” with “the aim of disrupting the process.”

“It was unquestionably historic,” Spargo told The Enterprise upon his return. “I was the chief lawyer on the ground.”

He unsuccessfully challenged the commission in federal court, arguing its allegation had to do with the exercise of his First Amendment liberties.

In 2006, Spargo lost his challenge on appeal and was removed from the bench. Upon conviction, Spargo had been stripped of his license to practice law.

In 2020, the Republican majority on the Berne Town Board had attempted to install Spargo as chairman of the planning board, making room for him by “demoting” planning board member Emily Vincent to alternate status.

Lyons had told The Enterprise the day Spargo was appointed that he was aware of Spargo’s conviction but that he had wanted him as the planning board chairman because of “his experience in law and government.”

Lyons said, “We felt he could help us with the new direction of the board, getting more business in town.”

However, because Vincent had not yet completed her term and an alternate does not enjoy the same powers as a full member, the State Supreme Court ruled that the demotion amounted to a firing, which was illegal. Spargo was promptly removed so Vincent could retake her seat.