Fallsburg Residents Left in the Dark: Explosive Resignation Letter Raises Serious Questions

Dear Friends and Neighbors

At the March 18, 2026 Town Board meeting, Fallsburg residents witnessed something deeply troubling: the public reading of a resignation letter from the Town’s own Special Code Enforcement Officer, a position paid for with taxpayer dollars. The letter detailed what he described as improper handling of a code enforcement case involving a sitting councilwoman. This was not speculation.  This was a formal letter, read into the public record and broadcast live.

Nearly a year ago, the Town Board took action to address a clear conflict of interest by hiring a Special Code Enforcement Officer and Special Counsel to handle code enforcement issues involving Councilwoman Miranda Behan. Taxpayers funded that decision with the expectation of independent, fair, and transparent enforcement.  But according to Officer Joseph W. Smith Sr., this is not what happened.

In his letter, Smith stated that the Town Board’s leadership allowed a process that attempted to:  “skirt around the enforcement of the Uniform Building and Standards Codes of not only NY State but those local codes…”. He further states that from the beginning, there was internal concern that Town staff: “did, still feel like their employment was, could be at risk for enforcing the code, standards that Ms. Behan and her family violate…”. 

Even more alarming is that Smith revealed a closed-door meeting held on March 10. According to his letter, a group including attorneys and other individuals, none of whom were certified code officials, met to negotiate a settlement:  “All met on March 10th to discuss a settlement… without my, the Code Officials involvement.”  He makes it clear:  “There was no one that is a Certified Code Official that was present.”  And he directly challenges the legitimacy of that process:  “The Code does not state anywhere… that bargains, deals, negotiations by uncertified or non-trained persons are permitted.”
Smith goes further, naming individuals he says were involved in negotiating the deal, describing them as:  “handpicked… to negotiate a deal.”

His conclusion is blunt:  “This was, is completely unacceptable… and shows the thought process of “Do as I say, not as I do.’”  He then resigned.

Taxpayers On the Hook?

His letter raises a fundamental and unavoidable question. What did Fallsburg taxpayers pay for?  The Town hired:  a Special Code Enforcement Officer and a Special Attorney. Yet the outcome, whatever it may be, was shaped through a private and secretive negotiation process, the details of which have not been disclosed to the public.

To date, residents have not been provided with:  Any code enforcement report, Any findings of violation or compliance, Any terms of the agreement reached on March 10 if any and Any total cost to taxpayers for this process.

Public Trust Violated

Code enforcement depends on one principle: equal application of the law.  When a Town’s own appointed enforcement officer publicly states that he was excluded from the process, “Enforcement was replaced with negotiation and influence may have played a role…it raises broader concerns that cannot be ignored."

Because if enforcement can be handled this way in one case, residents are left to wonder: Is there one system for the public, and another for those in power?

Transparency Cannot Be Claimed, It Must Be Demonstrated

At the same meeting, Town leadership spoke about transparency.  But transparency is not a statement; it is a standard.  Right now, the public has: No documentation, No explanation and No visibility into a taxpayer-funded process.  Instead, they have a resignation letter demonstrating impropriety and exclusion from enforcement.

Questions

Until the Town provides clear answers, these questions will not go away:
1. Why was the Special Code Enforcement Officer excluded from the March 10 meeting?
2. Who authorized a negotiation without a certified code official present?
3. What are the terms of the agreement reached?
4. What is the total cost to taxpayers?
5. And most importantly, is the councilwoman now in compliance with Town code, or not?

Fallsburg residents are asking for something more basic: The truth about a process they paid for, but were never allowed to see.
 

All Smith dialogue comes from the Town recording of the public meeting.

Fallsburg's Future is a community network of concerned Fallsburg residents established in January 2016. Its Mission is to help guide the urban development of the town of Fallsburg and its five hamlets, to promote its sustainable economic development, protect the fragile beauty of its natural habitats and enhance the opportunities and quality of life for all its residents and visitors. We hope to curb the suburban sprawl that is threatening to overwhelm the town’s physical infrastructure and destroy the natural beauty that the area depends on for its future development. See us on Facebook and our website Fallsburgsfuture.com.