NEW ROCHELLE, NY (January 3, 2023) — The local American Legion Post will lose its Charter this month if it does not submit to an election under the total control of the New York State American Legion Department Adjutant, Judge Advocate and their designees by January 20, 2023.
An investigation by the Department Adjutant found that Post 8 failed to hold fair and proper Post elections in 2021, failed to resolve improprieties in a do-ever election, and as a result currently has no officially recognized Officers for Post 8.
FOR MORE SEE: Tocci & Co. Seek Re-Vote on American Legion Post 8 Commander in New Rochelle (6/16/21) & REBUKE: New York State American Legion Overturns New Rochelle Post 8 Sham Election (2/20/22)
The Department Adjutant report recommended the D.E.C. vote to issue a “Charter Surrender Order”. American Legion Department of New York Commander David R. Riley, Sr. sent a report to The American Legion Department of New York Executive Committee (D.E.C.) on November 8, 2022 with Charges for Consideration of the Suspension, Cancellation or Revocation of the Charter of The New Rochelle American Legion Post 8.
Commander Riley recommended that the D.E.C. votes that New Rochelle American Legion Post 8 should Surrender its Charter for Cancellation with the caveat that if they hold new Department controlled elections the D.E.C. should vote to rescind the “Charter Surrender Order”.
Adjutant/Executive Director James W. Casey of the American Legion Department of New York sent a notice of a new election for Post 8 on January 14, 2023 with a stern warning that any deviation from election rules “will result in a negative recommendation to the Department Executive Committee at the Mid-Winter Conference” at which point the Post 8 Charter will be cancelled.
The conditions at Post 8 over the past two decades has gone from bad to worse with political infighting, allegations of corruption and embezzlement, dueling accusations of sham elections, a dubious Naval Armory lawsuit (since dismissed) against the City of New Rochelle with name plaintiffs with no apparent legal standing.
The American Legion Department of New York Letters
In a letter dated November 8, 2022, Department Commander David R. Riley, Sr. of The American Legion Department of New York notified The American Legion Department of New York Executive Committee of “Charges for Consideration of the Suspension, Cancellation or Revocation of the Charter of The New Rochelle American Legion Post No. 0008 (Post 8)”.
On September 8, 2022, pursuant to D.E.C. Resolution No. 1-2022 (dated July 13, 2022), Formal Charges were filed with Department Commander Riley at Department Headquarters against Post 8 alleging Post 8 ignored the Rule of Law by failing to hold fair and proper Post elections on June 8, 2021, for the 2021-2022 Legion year, contrary to its Post Constitution and By-Laws and in violation of the Department By-Laws and Preamble of the American Legion; and Post 8 failed to follow the Rule of Law by willfully ignoring and failing to conform with and abide by a valid and legitimate Decision (January 18, 2022) of the D.E.C. rendered to resolve improprieties in Post 8’s June 8, 2021 elections.
Therefore, in accordance with the National American Legion’s Uniform Code of Procedure for the Revocation, Cancellation or Suspension of Post Charters, Paragraph I, sections 6-7, once a charge or charges have been filed, the Department Commander shall cause a full investigation of the facts, after which the Department Commander shall file a report and recommendation with the D.E.C. for its action thereon at its next meeting.
In this regard, my investigation included a thorough review of the filed Charges with attached supporting exhibits, numerous emails, the report of PDC Peters’ Committee to Examine the Election Process of New Rochelle American Legion Post 8, the D.E.C.’s written Decision dated January 18, 2022, various correspondence, including from Mr. Tocci, dated September 15, 2022, and Post 8 representative Starr’s October 3, 2022, written reply to my request for a written Post response to the subject charges.
The propriety of the June 8, 2021 Post 8 elections was initially raised by post member Dennis Starr, on or about June 9, 2021. There have been many months of communications between the Department of New York and purported members of Post 8’s leadership, including Mr. Starr, Ron Tocci and Peter Parente.
The D.E.C. investigated the matter (see, DC Peters’ Committee Report dated September 9, 2021). As a result, in order to resolve the allegations dealing with Post 8’s election improprieties the D.E.C. directed that the Post conduct new Post elections in accordance with a written Directive dated January 18, 2022.
However, even after extensive discussions, the Post failed to comply.
Instead, Post 8 acted in defiance of the D.E.C.’s directions, as evidenced by the “tone” of Mr. Starr’s October 3rd response where he denies all the allegations, including blaming the Department for the present situation.
In addition, due to the failure of Post 8 to comply with the D.E.C.’s January 18, 2022 Directive setting forth election procedures to cure the June 8, 2021 election, there are currently no officially recognized Officers for Post 8.
Based upon Post 8’s actions of failing to conduct fair and proper post elections on June 8, 2021, for the 2021-2022 Legion Year, and by not conforming with and abiding by a valid and legitimate D.E.C. Decision dated January 18, 2022, Riley recommended the following to the D.E.C.
The D.E.C. votes that New Rochelle American Legion Post No. 0008 should Surrender its Charter for Cancellation and otherwise proceed in accordance with “UCPRCSPC”, Paragraphs II-X.
HOWEVER, if the Department Adjutant and Judge Advocate conduct a new election of Post 8 officers, prior to the January 2023 Mid-Winter Conference in accordance with and pursuant to the Rules and Procedures for conducting and validating said elections prescribed by the D.E.C. under the total control of the Department Adjutant, Judge Advocate and their designees, THEN, the D.E.C. at its January 2023 MidWinter Conference meeting may consider voting to rescind its “Charter Surrender Order” as it relates to New Rochelle American Legion Post No. 0008.
The Annual American Legion Department of New York Mid-Winter Conference is scheduled to take place January 20-22, 2023 in Albany, NY.
Adjutant/Executive Director James W. Casey of the Annual American Legion Department of New York sent a notice of a new election.
Attached please find a copy of the election notice for Post # 8 that was sent out to all Post members today. All nominations will be from the floor and anyone nominated must be present. I will be contacting you shortly to provide you our requirements for the day and a meeting agenda. Only Post #0008 members will be permitted to attend the meeting along with The Department Adjutant, The Department Judge Advocate and 2 or 3 assistants. Any deviation from these requirements will result in a negative recommendation to the Department Executive Committee at the Mid-Winter Conference.
Statement from Dennis Starr
Starr uses the title “Commander” within Post 8 but is considered merely a representative of Post 8 by the American Legion Department of New York as there are no officially recognized Officers for Post 8. Asked for comment on the recommendation that Post 8 Surrender its Charter for Cancellation, Dennis Starr issued a statement:
The rules of the American Legion prohibit the discussion of Legion business with non-Legion members and the press. However, this statement will address the issues raised by Talk of the Sound as best as possible within these guidelines.
The fiscal year of the American Legion and their Posts runs July 1-June 30. In accordance with Post 8 by-laws, the election process for the 2022-2023 officers began with nominations and notices and concluded on June 8, 2022 with an election by the members. The elected officers were then installed by a representative of the County Commander.
Each Post is an autonomous unit within the Legion’s County, District and State organizations. Any issues with this process are being resolved.
Regarding the sale of the Post 8 property, it is not uncommon for a Post to relocate withing their cities, in fact Post 8 first began in a house on Church Street. And some Posts do not even have a building to call their own.
The members realize that the maintenance and upkeep of this 72-year-old building is taking too much time, energy and money, funds that could be better utilized for veteran activities and assistance. The membership voted to explore the sale of the property and downsize to a more modern, manageable location that would still serve the needs of Post 8 members while freeing up funds to expand the mission of the Legion.
Of course, as you know, the details of any sale of the Post 8 property must be approved by the NYS Attorney General.
In a follow up email, we asked about the supervised election, how veterans can join Post 8 and details on the role of the NYS Attorney General in any sale of 112 North Avenue.
Follow Up Statement from Dennis Starr
The Post 8 Executive Committee considered the contents of the State Department’s letter and decided the best course of action was to agree to let them conduct another election, which they have agreed to do in January, even though our June 7th election was conducted in strict accordance with Post 8 bylaws.
Regarding becoming a member of the American Legion, all requirements are listed on the national website but in summary, membership is open to all honorably discharged veterans of the US armed forces. To join Post 8, simply contact our adjutant at 112 North Avenue, New Rochelle, NY 10801 to obtain an application.
As conveyed by our real estate attorney, the transfer of assets of any NYS tax exempt entity, must be approved by the NYS AG. As I understand it, this applies to religious, fraternal and other tax-exempt organizations incorporated in NYS and receiving tax exempt status.
The context not addressed by Starr is that former Assemblyman Ron Tocci, also the former New York State Veteran Affairs Commissioner, has sought to obtain control of the New Rochelle Naval Armory in the decades since he succeeded in transferring ownership of the Armory to the City of New Rochelle while a state official in Albany.
Tocci’s efforts to control the Armory continued after he was appointed as Westchester County Veterans Affairs Commissioner including the failed Naval Armory lawsuit in New York State Supreme Court, with Starr as the name plaintiff.
FOR MORE SEE: Veterans file lawsuit to save New Rochelle armory (7/26/2019) & Twining Presents Plans for New Rochelle Armory at Pratt’s Landing (7/25/2020) & As Settlement Talks Fail, Ambiguity Surrounds Plaintiffs in Lawsuit Against New Rochelle, Developer over Naval Armory (1/30/21) & As Westchester County Denies Interest in New Rochelle Armory, Supreme Court Judge Hears Different Story (2/7/21) & Westchester County Official Laundered Money to Pay for New Rochelle Armory Lawsuit, Former American Legion Accountant Says (2/24/21) & Westchester County Veterans Director Extorted Company over New Rochelle Armory, Developer Claims (2/29/21) & With Motion to Dismiss Pending in New Rochelle Armory Lawsuit, Developer Promises to Honor Commitment to Veterans (3/31/2021) & New Rochelle Armory Lawsuit Dismissed (4/21/2021) & Veterans Regroup Following New Rochelle Armory Home Rule Defeat (6/12/21)
Soon after the lawsuit was dismissed the City of New Rochelle moved forward to clear the way for Twinings, the developer, with their Pratt Street Landing project.
FOR MORE SEE: New Rochelle Armory Stabilization Project Complete, Grand Unveiling on CoviHold (4/4/2020) & NYSDEC Invites Public Comment: Brownfield Cleanup Program Application at New Rochelle Armory Site 7/24 (6/24/2020) & New Rochelle Seeking New York State Home Rule Request to Alienate Parkland for Armory Property (6/7/21) & New York State Legislature Passes New Rochelle Armory Parkland Alienation Bill (6/11/21) & New York Governor Signs Off on Commercial Development of New Rochelle Armory (12/28/21)
Further complicating matters was dueling allegations of financial improprieties leading to a criminal referral to the Westchester County District Attorney’s Office.
FOR MORE SEE: Embezzlement and Loan Fraud Charges Loom for Previous Commander and Ex-Accountant, Says New Rochelle American Legion Commander (2/26/21) & Westchester County Official Laundered Money to Pay for New Rochelle Armory Lawsuit, Former American Legion Accountant Says & Westchester County Veterans Director was on the Clock during Armory Court Proceedings (3/2/21) & No Evidence to Support American Legion Charges Meant to Counter Money Laundering Claim against Westchester Co. Official, DA Says (5/11/22)
The New York Department of the American Legion does not recognize any leadership for Post 8 and had recommended canceling the Post 8 Charter so it is unclear on what basis any decisions can be made by Post 8, as an organization. Despite this Starr and others convinced a real estate agent to list the American Legion Hall for sale: New Rochelle Post 8 American Legion Hall for Sale (10/30/22)
“The membership voted to explore the sale of the property and downsize to a more modern, manageable location that would still serve the needs of Post 8 members while freeing up funds to expand the mission of the Legion,” said Dennis Starr, in his statement.
Twinings has offered to give “the veterans” of New Rochelle office space and parking space at the stabilized Armory facility.
Analysis: Impact of Peter Parente on Future Credibility of American Legion Post 8
Peter Parente is a racist xenophobe who tested positive for drugs while in the military and has numerous arrests on his record including arrests for drug possession, illegal weapons, contempt of court and domestic violence.
One of his many angry social media statements was so beyond the pale his own brother-in-law, former Council Member Louis Trangucci, asked then-City Manager Chuck Strome to remove Parente from the New Rochelle Veterans Advisory Committee. He was removed and the marking of memorial and patriotic events such as Veterans Day and Memorial Day was transferred from the United Veterans Memorial & Patriotic Association, run by Parente, to the New Rochelle VAC, run by veterans appointed by the City Manager based on recommendations by City Council Members.
Post 8 will continue to have significant credibility problems so long as it remains associated with Peter Parente. He has a role in veterans affairs in New Rochelle by virtue of his serving as President of the United Veterans Memorial & Patriotic Association.
The UVMPA was created to provide the City of New Rochelle a single point of contact for the 13 Veterans Service Organizations that once populated New Rochelle. That number has dwindled down to two: American Legion Post 8 and VFW Post 439: New Rochelle Veterans Service Organizations on Verge of Disappearing, From 13 Down to 2.
VFW Post 439 is a shell organization which Parente has controlled for years without any meaningful accountability or support. By virtue of his title as VFW Commander, Parente has been President of the UVMPA for more than a decade; a title which is supposed to rotate annually among the Veterans Service Organizations but no longer does under Parente.
The only person in a position to effectively remove Parente as President of the UVMPA is the Commander of American Legion Post 8, by insisting the Presidency rotate to the American Legion and then appointing a new UVMPA President. That the American Legion has refused to do that taints the organization with the stink of the Parente brush. It will be among the first challenges facing any duly-elected American Legion Commander.
From Christchurch to New Rochelle: Words Matter (on Peter Parente)
Review of Military Records Raises Doubts About Peter Parente’s Marine Corps Service
Records Reveal Long History of Violence and Drug Use by New Rochelle VFW Commander Peter Parente
New Rochelle VFW Commander Peter Parente Arrested on Domestic Violence and Weapons Charges
District Attorney Update on Parente Gun Charge
New Rochelle VFW Commander Peter Parente Pleads Guilty on Contempt Charges
Woes Mount for Prominent New Rochelle Veteran After Third Arrest in Six Months
Commander of New Rochelle VFW Referred to Westchester Grand Jury on Gun Charge