Tonight the Chemung County Budget Committee considered a measure to allow Ray Schlather, a very well respected litigator with vast municipal law experience, to represent the Legislature for free in a proceeding involving an attempt by County Executive Chris Moss to fire the Legislature’s Attorney.
Last Thursday the Personnel Committee voted unanimously to bring an Article 78 proceeding that would allow a judge to decide whether (1) the County Executive has the power to unilaterally veto a Resolution; and (2) the Legislature has the power to appoint its own lawyer.
At the meeting Chairperson David Manchester agreed the decision of which lawyer to hire lay with him in an exchange beginning at 28:35:
The Full Legislature voted last Thursday to go forward with litigation by a vote of 13-1.
The Minutes of the Personnel Committee reveal several members of the Legislature agree time is of the essence on this matter:
Similarly, Rodney Strange, the Legislature’s Majority Leader, commented to the Star Gazette that this issue needs immediate attention:
Moreover, despite a Resolution unanimously passed on Thursday to ordering all county officials and employees to refrain from interfering with our attorney’s ability to do his job, his email account was disconnected the next day.
However, ahead of tonight’s meeting the 12 Republican members of the Legislature held a caucus where I believe this matter was discussed. When the vote on whether to hire Attorney Schlather came up, Legislator Rodney Strange made a motion seconded by Legislator Mark Margeson to table the vote, a procedural move that barred any discussion on the record. Thankfully Legislator Bill McCarthy had the willingness to bring the issue up in Old Business where a very limited discussion ensued starting at 56:12.
This is a disappointing approach to a very serious matter. At a minimum, the reasons why the matter was being tabled should have been placed on the record so that the public – not to mention members of the Legislature who are not a part of the Republican caucus – could understand why a delay is being sought.
If the Committee feels it is able to negotiate a good result, or if it is dissatisfied with the selection of Attorney Schlather, it should simply communicate that information. However, voting to table with nothing more restricts both the public and members of the Legislature from understanding what is going on, something that flies in the face of transparency.
The bottom line is that the separation of powers within County Government and the authority of the Legislature to act has been impugned, and tonight the Legislature decided to simply stand by and watch what happens. As I have stated in other posts, this dispute is not one I or most other legislators want, but it unfortunately landed squarely in our laps. We are going to have find a way to deal with it.
–Christina Sonsire
The bottom line is the public doesn’t know everything that is going on here. Yes the County Exec may be pushing the limits of his power but is doing so in the interest of the people of this county unlike our legislature. Bryan Maggs was caught having Sex with a County Employee in a County Building during business hours while he was being paid to do his job on top of funneling more than 695,000 dollars worth of work through the lawyer firm he works for. My issue is the legislature is aware of all of this and they want to retain him as their lawyer anyway.
Loading...To The Truth: You should be ashamed of publicly making such hurtful and maligning, baseless accusations.
Loading...I urge you to look at the law, as your accusation of funneling money is at best offbase and at worst slanderous.
Loading...With respect to the other matter, I don’t have any facts, only gossip-driven innuendo – and I am not about to spread damaging information like that about anyone. Doing so under a pseudonym is disgraceful.
I also don’t consider it my concern. I began dating my husband when we were both County employees at the District Attorneys Office, and I know countless couples that who have dated or married while both work for the County. That our attorney is dating a county employee is completely without consequence to me.
Be very careful with what you post here, “Truth”. Hiding behind a pseudonym does not give you free rein to malign someone’s character. Some people may even say it’s a very cowardly way to act.
Loading...Money was not “funneled” anywhere by Attorney Maggs. I urge you to look carefully at Section 3 of Local Law No. 2 from 1987. The law recognized there are times when Chemung County needs outside counsel, particularly to defend tort claims. It allows the County Executive to choose a law firm to do the work, and requires the Legislative Attorney to review all employment contracts.
The fact is that Davidson & O’Mara (now a part of Barclay Damon) is the only local form that does civil defense work for insurance companies to the best of my knowledge. To be sure, no other local law firm has ever appeared in a tort case on defense in one of my cases with only one exception in a very unusual matter.
If County Executive Moss wants to choose another firm, he is welcome to do so. But the fact is the County will still have to pay for it. It will be interesting to see how much is spent. My guess is that going with a firm from out of the area will result is a greater outlay of funds.
With respect to the other matter, have the courage to use your name if you are going to say something so disparaging about another person – and be sure to back it up with facts. I have heard all kinds of rumors about this as well as things about other people who serve our community. But, I sure as heck would never post anything about them without facts, and never, ever would do so under a false name.
The bottom line is that the Legislature chose an attorney, and, at least in my opinion, he is doing a fantastic job for us.
I have two questions.
Loading...If official county legislative issues are being discussed at a Republican caucus, shouldn’t the minutes of said meeting be a available for public dissemination?
Also, what would keep these pusillanimous men from tabling this resolution meeting after meeting?
Two very good questions, and ones I don’t have answers to.
Loading...Reply to Moses: The Republican legislators held a caucus one hour before the Legislative Budget Committee meeting on 3/4. Very improper given that a special meeting of the legislature was held just on the previous Thursday, 2/28, where as you point out, the legislature voted 13-1 to proceed with the Article 78 court proceeding.
Loading...Thanks for pointing that out. Had I been more diligent in my reading, I would have known that.
Loading...Thanks again.
How can a resolution pass 13 to 1 then 3 days later, no one has a question on why its being tabled? They all independently had a change of heart? I think not. I smell a rat. Methinks there was a private pow-wow of some sort. Highly unethical if not illegal, IMHO.
Loading...The issue is not whether the County Executive had a good reason but rather if he exceeded his authority by fire the legislature’s attorney. The legislature is an equal branch of county government. If the executive is allowed to appoint the attorney to the branch of government that is intended to be the check and balance on his authority then that defeats the purpose of an independent legislature. If there are issues with the individual in question that is for the legislature to investigate and address.
Loading...The legislature should push for more facts on this matter. Let us see in totality the C.E. Reasons for his decision. If we can’t get that within a reasonable amount of time a lawyer should be hired immediately!
Loading...Welcome to the b.s. of local politics yikes
Loading...The Republican rubberstamping drones are alive and kicking. Sad that the Republican representatives just can’t quite understand how to be independent.
Loading...Christina-Keep up the good fight. Allowing the County Executive to get away with this would be turning the legislature into his personal rubberstamp. The legislative chair appears to talk a good game but when the time comes to act he apparently has feet of clay. The people of Chemung County were well represented by you tonight. Unfortunately, the same cannot be said for the legislative chairman and all those legislators who refused to stand up and let their voices be heard.
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