I was going to wait until the respondents were served (which will be in the near future), but since word is already out I am making this public now.
On March 16, 2011, I commenced a proceeding in the Appellate Division, Fourth Department of the New York Supreme Court pursuant to Public Officers Law § 36 to seeking the removal of Mr. Piotrowski from the office of Supervisor and Budget Officer of the Town of West Seneca and Mr. Bielecki from the office of Comptroller of the Town of West Seneca.
A copy of the petition is here:
DW-RJB-WCP-Petition-1
“We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson
Shouldn't the former town board be included in these proceedings? They were the ones who authorized Americorps to spend the money and gave them the approval to get us in the mess we are in at this point in time. Its about time politicians were made to answer for their improper dealings.
Public Officers Law 36 only provides for removal from office, since they are no longer in office seeking that relief would be moot even if it was warranted. The financial defficiencies are deeper than just with Americorps.
“We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson
The election is in September, you couldn't wait till than? What a waste of time and more importantly money. He could be removed, run again on Democratic, Independent, Conservative Line vs Working Family, Democratic LineOriginally Posted by dtwarren
Allegedly, Republicans will have their own candidate as well or will they endorse SM? Time will tell...
Last edited by wnyfuture; March 19th, 2011 at 06:38 PM.
The election is in November, which is after the time that the budget process for next year is to start. Given the financial issues combined with Mr. Piotrowski's apparent willingness to offer bribes I think it is better that they be removed before then.
“We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson
Again, the election is in September. The winner of primary will win the election in November unless the loser of the primary wants to spend more money and time or Republicans will allegedly run their own candidate
Who do you think the Republicans will run?
Do you really think they will endorse SM?
Reading through the auditors report, it's pretty shocking what was going on.
But, has this - petitioning a court for removal of office - ever been done successfully before?
Yes, for example:
Removal of a village mayor from office pursuant to Pub O § 36 was warranted by his conviction of the crime of official misconduct for his attempt to use his office to influence a witness's testimony. Smith v Perlman (1984, 3d Dept) 105 App Div 2d 878, 482 NYS2d 77.
Removal of town supervisor was warranted where his personally owned insurance agency brokered town's insurance, he shared commissions therein, he took steps to disguise situation by having another broker named as broker of record, he was aware prior to being elected that there was conflict of interest, and he was convicted on his guilty plea to violation of CLS §§ 801 and 805 for willful and knowing violation of conflict of interest provisions as to his personal interest in town's insurance business. West v Grant (1997, 3d Dept) 243 App Div 2d 815, 662 NYS2d 863.
Removal from office was justified where village clerk/treasurer engaged in pattern of intentional misconduct over 2-year period involving misappropriation of village funds. Kenyon v Pifer (1998, 4th Dept) 255 App Div 2d 986, 679 NYS2d 859.
“We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson
I think the new GOP will have someone, I know they want to revamp that party.
I don't think they will because DT was upset they endorsing WP last time. Now, if they endorse a candidate on another line (SM for example) than GOP in WS is on the same level as WFP, Independent, Green, and Conservative, not a major line.
If I am not mistaken the WSGOP passed a resolution that they would not endorse anyone who is going to seek or has obtained the endorsement of the Democratic Party unanimously back in 2009.
“We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson
Well then if we are limited only to removing current public officials, I would think this lawsuit should include Christina Bove. I look forward to this lawsuit commencing against Piotrowski and Bielecki. This way we will get the whole story if a situation is created wherein the two of them have to defend themselves. It's kind of ironic seeing as they were the only ones (aside from Sheila Meegan) who tried to stop this in the first place. It was Bove and her majority which included Graber and Clarke that forced the finanicial situation. I don't see how you can hold the Comptroller and Supervisor accountable when they were overruled by a majority. That is what happened and I for one look forward to that truth coming out.
This section only applies to any town, village, improvement district or fire district officer, except a justice of the peace, and since she is a county legislator is not applicable to her. Additionally, any alleged or perceived wrongdoing would not have been committed in her current office.
“We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson
So a majority of the board directed the Supervisor to pay claims that were not preoperly audited by the Comptroller?
So a majority of the board directed the Comptroller not to properly audit claims and present them to be paid by the Supervisor?
So a majority of the board directed the Comptroller not submit monthly financial reports?
Did you even read the petition?
“We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson
I did read it and yes to all of your questions. I direct you to the June 23, 2008 town board minutes, specifically item 23 wherein a seperation agreement with Americorps was voted on. Piotrowski as a side note, voted against this measure. On August 8th Christina Bove side stepped the supervisor's authority and signed the agreement with no further vote which contractually obligated the town to continue paying over money to Americorps but not requiring receipts until 45 days after the money was paid over and spent. This agreement was signed, refer to the July 28, 2008 minutes, despite a lot of concerns from the town attorney and deputy town attorney. Piotrowski and Bielecki were against this the whole time.
And as far as the accounting that was supposed to have been done 45 days after, none of those reports were ever filed and in December of 2008 Bielecki was about to suspend any further payments until Christina Bove threatened him with termination. I look forward to that finally coming out.
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