The lawsuit commenced by David Monolopolus and myself in August challenges a number of issues from unlawfully paying wages to civil service employees who are in their job titles provisionally in excess of the statutory nine month limitation for such appointments; compelling the Erie County Citizens' Budget Review Committee to meet and carry out its' duties under the Erie County Charter; challenging as unauthorized the Town of West Seneca's policy of paying an in lieu stipend to town officials who do not accept the health insurance that is offered by the town, etc.
Despite reports in the media the lawsuit is not over. Justice Siwek decided only one cause of action out of many and there are many others still pending.
Justice Siwek and her staff recognized the importance of the issue raised by the cause of action seeking a determination on the effective date of the measure adopted by the voters to reduce the number of town board members from four to two. Justice Siwek heard extensive oral argument on two occasions and along with her staff independently researched this issue prior to reaching a determination on this very important issue of first impression in this state.
While we are disappointed in the result reached by Justice Siwek after reviewing her decision and doing our own research we have decided to concentrate our efforts on the remaining causes of action in our lawsuit and not appeal this ruling. This ruling will provide guidance for the timing of future votes for a reduction in town board seats which was not in existence before this decision.
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