NEW ROCHELLE, NY — Dennis Starr has been removed as Commander of New Rochelle American Legion Post 8 by order of The Department Executive Committee of the New York State American Legion.
Starr was improperly installed as Commander after Peter Poulos, the previous Commander, declared a prior election held on June 8, 2021 to be null and void without the authority to do so. The DEC found Poulus acted improperly due to his failure to obtain approval from members of his decision.
The disputed election came out of an effort by Westchester County Veterans Services Director Ron Tocci to involve American Legion Post 8 in his Armory lawsuit against the City of New Rochelle which has since been dismissed.
Tocci & Co. Seek Re-Vote on American Legion Post 8 Commander in New Rochelle
The Department of New York Executive Committee met on December 21. 2021 to review the report of the Committee to Examine the Election Process as requested by Post members Dennis Starr and Garth Flynn of the New Rochelle American Legion Post 8.
In a letter dated January 18, 2022, New York State Department Commander James W. Casey informed Post 8 of The DEC determination that Poulus improperly installed Starr as Commander.
All other positions in the June 8 election were uncontested and so were all candidates were recognized by The DEC as duly elected.
“The Westchester County Commander is hereby directed to install all uncontested officer positions for the year 2021 – 2022 elected on June 8, 2021,” wrote Casey. “With the newly elected officers installed, The First Vice Commander or next officer in line of succession to act as Commander, shall call a special meeting of the membership for the purpose of reaching a consensus of the following question: Does the membership approve/disapprove the Post Executive Committee report and recommendation that the June 8, 2021 election, for the position of Post Commander, be declared null and void?”
The DEC described the improper actions of Poulos:
2020 – 2021 Post Commander Peter Poulos declared the election of June 8, 2021, for
the position of Commander to be null and void. This decision is based upon a Post executive
committee report and recommendation of an alleged improper application of the post by-laws regarding the nomination process. This action requires membership notification and approval.
A special meeting will now be held for the purpose of approving or disapproving the Post 8 Executive Committee report and recommendation that the election for the position of Post Commander on June 8, 2021, be declared null and void.
Rather than anyone at Post 8 being responsible to notify members about the special meeting, the Department Adjutant will review and mail the notice to all members of the post “to ensure proper notification”.
If the membership rejects the Post Executive Committee report and recommendation, the result of the June 8, 2021, election for the position of Commander shall stand and no further action is required, Garth Flynn wins.
If the membership approves the post executive committee report and recommendation, a special election by ballot for the position of Post Commander will be scheduled.
For the purpose of a special election, should it be necessary, The DEC recognizes that only Dennis Starr, selected by the Post nominating committee, and Gareth Flynn, by posting an independent nominating petition as directed in accordance with the Post constitution and by-laws, are duly qualified candidates for Commander.