Tuckahoe Village Departments

TUCKAHOE TALK
With Mayor John Fitzpatrick

July 31, 2007

Tuckahoe had an interesting week regarding all the media coverage of the proposed sex offender residency restriction. The positive side of media coverage is increasing awareness surrounding the issue. This is a benefit, because let’s face it, we have so many things going on in our lives we don’t necessarily pay attention to every piece of legislative change that occurs in our village. We often assume that the significant changes regarding our society will come from the Federal or the State government, however, solutions found on the local level should be considered valid and could prove more effective, since Federal, State or even County measures can sometimes be too broad and harder to justify. While most of the people in this community have vocalized their support for this law, a few have raised some concern. I decided to list these concerns and where they come from in order to keep you all informed on this matter.

Landlords have come forward and stated they felt this was putting an undo burden on them. They worried this law forced them to be a policing agency, but in the spirit of wishing to assist these members of our community I have placed a link on the, www.Tuckahoe.com web page, to the free New York State web site that lists all registered sex offenders. All one has to do is go to the site, identify yourself and simply type in the name of the potential tenant, any Level 3 or Level 2 offender is listed. This information is much easier to access than a credit check which most landlords find no trouble running when it concerns their finances.

The Village insurance carrier and broker have also weighed in on this proposed law. Originally replying, they might not cover us in the event a lawsuit is brought against the Village of Tuckahoe. I personally spoke to our broker representative and he informed me their position was to wait and see how if any challenge was worded. I find it surprising that an insurance carrier or any company would input commentary and possibly influence government officials, in the charge of their primary duty; securing the safety and welfare of it’s citizens. I believe the assessment of constitutionality of any law lies with the judicial branch of our government. It would be sad if legislation designed to protect our children were prejudiced due only to the fear of challenge.

The true challenge to any lawmaker when drafting a law is balancing the inalienable rights of all of the citizenry. The rights of the law abiding to live free and safe must never be minimized in the construction of law. If this law is challenged here in Tuckahoe the courts will ultimately be charged with determining our intent with this law. I want to assure all residents, as Mayor, I have worked many hours researching this proposal and based it on a New York upstate town equivalent that has remained to this date unchallenged. The Village Attorney John Cavallaro further researched and tailored this legislation with great care. I am confident we have done our due diligence in crafting this law and have been reasonable in an attempt to balance the rights of Tuckahoe residents to be safe with the rights of those who have been convicted of a crime.