February 1, 2012 Dear County Legislator, On behalf of the Capital District Chapter of the Working Families Party, and

at the behest of our many Albany County members in particular, I am writing to urge you to vote NO on the County Executives request to confirm Thomas Marcelle as the County Attorney. As an Albany Times Union editorial pointed out on Monday, Marcelles staunch opposition to womens reproductive rights and the rights of the gay community puts him at odds with most of the public as well as the laws he may have to defend and uphold. The editorial board called him an odd pick, but this is more than just odd. His radical views and his prominent tenure as an Allied Defense Fund allied attorney make for an appointment that would seriously undermine the publics faith in fair representation in county governmentespecially since he is not particularly well-qualified to assume the position. Albany County is a diverse community. It is the first responsibility of elected officials especially in a community as diverse as oursto promote the ideals of mutual respect, equality and fair treatment, as well as a commitment to defending our most basic liberties regardless of sex, race, gender or sexual orientation. However, the Working Families Party does not so urgently oppose Mr. Marcelles appointment on the basis of mere partisanship or his holding conservative political viewsrather our opposition stems from his long association with the Alliance Defense Fund. This goes far beyond mere conservative ideology to a true commitment to radical and aggressive attacks on the legal foundations of a just society. The ADF prides itself especially on its vigorous legal assaults on womens reproductive health and freedoms, and on attacking the rights and privileges of gay and lesbian citizens. In the County Attorneys office Marcelles stance on these issues and his association with the ADF (which in 2010 honored him for over 2500 hours of service on ADF-approved work) would cause irreparable damage to the publics confidence that county government will uphold its responsibilities to all county residents. While it is true that the County Attorney is not a post that makes policy, the Executives leading lawyer will exercise a powerful influence. His legal interpretations will shape how the County Executive reads county laws as well as how the County interprets and implements its obligations to federal and state mandates and constitutional law. The position carries with it a tremendous obligation to ensure that rights are defended and services rendered fairly, especially to our most needy residents. The Monday editorial points out that no one disputes Mr. Marcelles qualifications as a lawyer, but the real question is whether he is ready to take on the much larger job of county attorney. Under questioning at the Legislatures personnel committee meeting, Marcelle admitted that he has no bankruptcy experience and very limited experience in labor law and collective bargaining, family court, social services, Medicaid law and government contracting. He also admitted that in his solo practice he has had at most one employeeyet the County Executive

has proposed to increase the number of employees under the County Attorneys supervision by consolidating all civil departmental attorneys under his office. Our legislators should have strong reservations about whether someone with no management or supervisory experience is prepared to manage an office of ten to twenty attorneys together with administrative and paralegal staff. The Legislature bears a great responsibility as it considers the Executives appointments. Their consenting role should not be treated as a mere formality. The duty of each legislator is to ensure that executive positions are filled not only by genuinely well qualified candidates, but also that the voices shaping executive policy share a sincere commitment to the broadest and most inclusive conception of the public good. The Working Families Party believes that attorney Thomas Marcelle does not share this commitment to an inclusive public good. Thomas Marcelle may be a talented attorney, but he carries far too much divisive ideological baggage and too little relevant experience. He cannot be the most qualified choice for county attorney. Therefore the Working Families Party urges our legislators to reject the nomination of Mr. Marcelle and to tell County Executive Dan McCoy to return with a better qualified, less divisive candidate.

Sincerely,

Karen Scharff Co-Chair, Working Families Party On behalf of Capital District Chapter of Working Families