Before you can use outside counsel one must be properly authorized. Based on my review I do not see where any was properly authorized by the Town Board. Therefore, until such time that one is properly authorized there is no need for a procedure to make such use of outside counsel.Originally Posted by gorja
“We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson
Do not know, did not see any resolution appointing any outside counsel in the minutes of the organizational minutes of the Town of Lancaster. So unless it was authorized at a different meeting no one is the authorized outside counsel.
“We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson
Read this from 2008.
Lancaster Town Board contracts Hodgson Russ LLP to serve as outside counsel
Former Councilman current Highway Superintendent Amatura had proposed this to be part of the resolution contracting with Hodgson Russ as outside counsel
To me, that's pretty much what Ruffino's resolution was about.Be It Further Resolved That the Town Attorney advise the Town Board in writing why there is a need for this expense to the taxpayers for outside counsel.
Georgia L Schlager
I do not think a resolution that was passed in 2008 would still be in effect for purposes of Town Law 20(2)(a). Such a reading would cause it to exceed the two-year term of the Town Board and, therefore, violates the principle that the Town Board cannot "bind the hands of its successors in areas relating to governmental matters" ( Morin v Foster, 45 NY2d 287, 293; see, Matter of Lake v Binghamton Hous. Auth., 130 AD2d 913, 914).
“We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson
I'm not saying that the resolution and contract of 2008 is still standing. It may have been renewed with new stipulations over time.
That wasn't my point of posting that particular article. My point was the particulars of the resolution that Amatura wanted added but were not. The one particular in particular was this-
which was similar in language as Ruffino's resolution Monday nightBe It Further Resolved That the Town Attorney advise the Town Board in writing why there is a need for this expense to the taxpayers for outside counsel.
Georgia L Schlager
Again first you need to establish that outside counsel has been validly authorized before you get to the procedures on how to utilize such outside counsel. Otherwise you are putting the cart before the horse.
The only thing I have located is a resolution retaining Hodgson Russ for its services solely related to the Town’s preparation of its Comprehensive Plan and Related Revisions to the Town’s Zoning Code and Subdivision Regulations. So it is not authorized to to do any work for any other matter as far as I can tell. ( http://www.lancasterny.gov/index.php...-2017-tbm/file )
“We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson
Also, they've used Phillips Lytle LLP's services for a matter regarding a town employee in 2015.Originally posed by dtwarren:
The only thing I have located is a resolution retaining Hodgson Russ for its services solely related to the Town’s preparation of its Comprehensive Plan
In those indexes, the last 3 years, those are the only 2 incidents, I can find.
They spent $116,983 in professional legal services in 2015.
In 2016, they budgeted $50,000 in professional legal and had spent $16,220 thru 6/30/16.
Don't know what the total amount spent was for 2016.
I agree with you there. There must be evidence somewhere as they used Swiatek from Hodgson Russ for their labor contracts. When the clerk's office was charged with harassment, the Wehner's had to speak to SwiatekAgain first you need to establish that outside counsel has been validly authorized before you get to the procedures on how to utilize such outside counsel. Otherwise you are putting the cart before the horse.
Georgia L Schlager
Interesting, neither can I! I do know that Hodgson Russ is used for bonding applications, union negotiations and now the master plan review. If as you say is true that a resolution has to be approved to contract outside council when funds are spent, I don't remember seeing any of those either.
Funny how this non resolution consideration has evolved into a discussion on policies and practices. Perhaps councilman Matt Walter (who follows this thread) on shed some light on why he did not second resolution #22 Monday evening and the town's method in authorizing outside council contracts.
Wonder if that was the reason when Coleman became supervisor, Dudziak didn't get reappointed?
Was he doling out too much work to the outside counsel?
Georgia L Schlager
Recently, I have been highly critical of the rather cozy relationship "The Bee" enjoys with the VOL Mayor.
This appeared in "The Bee Heard" this week:
Bee Heard
.I question the mayor’s progress in the downtown area. It appears he needs a new pair of glasses, since I don’t see any progress down there. We are wasting hundreds of thousands of dollars.
Perhaps this optometrist is not working out, and their is a need for a new one AND new glasses:
ms eye doctor (2).jpg
Last edited by mark blazejewski; September 22nd, 2017 at 04:14 PM.
I wish the problem was as simple as "Fake News."
Does "The Bee" have a copy editor?
If they do, someone has to be kidding around.
A few months back, "The Bee"identified Mickey Kearns as the Assemblyman representing the 143rd.
Today, another beauty. What the hell is a "New York State Senator Legislature?
2017-12-14 / Editorial
Thank you for my time in office as Erie County legislator
TED B. MORTON
Erie County New York State Senator Legislator
I want to thank the residents of the district I’ve represented these past four years. It has been an honor and a pleasure.
I’m proud that the first Republican majority in more than 35 years was able to cut the county tax rate four straight years and substantially cut our own legislative budget, among other successes. While I’m disappointed that I will not be able to continue serving you, I’m proud of what we were able to accomplish together.
In addition to successfully cutting taxes four years in a row, I was proud to work with my colleagues to cut our legislative budget and increase fiscal transparency in county government. We worked to provide new resources to combat the opioid epidemic and increase funding to key cultural groups in our community, including the Lancaster Hull House, the Lancaster Opera House and the Cheektowaga Symphony Orchestra. Working with my colleagues in local government last summer, we saw the start of a long-term project to finally widen the Transit Road corridor in the Village of Depew.
I was proud to lead the fight to dredge Como Lake, and thanks to you and so many residents in our community, work should hopefully commence sometime next year to restore the lake. I’m also hopeful that a new proposal to build a dog park in Como Lake Park will become a reality.
There are countless stories of residents I had the honor to work with, from the residents who continue to suffer from flooding along Ellicott Creek, to the residents fighting to widen William Street, to the many individuals whom my team and I helped with their issues and concerns. I also had the privilege of meeting so many people passionate about our community when I sponsored the Made in America Act to help improve our local economy be ensuring goods and services purchased by Erie County be made right here in America.
As I sign off, I want to give thanks to the voters for my two terms, my supporters who were so gracious over the years and especially to my family for all their support these past four years. I would also like to wish my Legislator-elect John Bruso the best of luck as he prepares to take over in January.
I will be forever grateful to all of you, and finally, Merry Christmas and happy 2018 to all.
Last edited by mark blazejewski; December 13th, 2017 at 07:02 PM.
Three of "The Bee's" editors?:
What I found more interesting is Mr. Morton’s following statement regarding resources and transparency regarding the opioid crisis:
In addition to successfully cutting taxes four years in a row, I was proud to work with my colleagues to cut our legislative budget and increase fiscal transparency in county government. We worked to provide new resources to combat the opioid epidemic and increase funding to key cultural groups in our community, including the Lancaster Hull House, the Lancaster Opera House and the Cheektowaga Symphony Orchestra. Working with my colleagues in local government last summer, we saw the start of a long-term project to finally widen the Transit Road corridor in the Village of Depew.
Numerous times in the past two years I have approached the town at Town Board (TB) meetings and work sessions regarding getting information on substance abuse in the town of Lancaster – especially on opioid use regarding number of overdose incidents, at home treatment events, required hospitalization visits and deaths. Such reports would be available from police and coordinated LVAC call reports.
Supervisor Coleman agreed that the drug issue in Lancaster, as in many other municipalities is serious. Staff members from the police and LVAC have told me the same and said they would provide me with information as to what I requested – ne personal information. It never happened because someone at the top stopped it from happening.
A Lancaster Bee reporter was at every meeting when I broached the matter. Not one drop of ink was ever spent reporting on such an important matter. The Bee over the years has proven time and again that it is not an investigative paper. Sadly, the town has been absent a Buffalo News reporter for months.
What happens in Lancaster stays in Lancaster. We have a drug problem in Lancaster, but hey we can’t talk about it – not even to say how bad it is or what steps and resources are being utilized to combat it.
The purpose of my picayune criticisms of "The Bee" is to raise two possibilities: the staff is either inept, as in cases illustrated by the one specified above, or is inclined to push an agenda, as the summer reporting on the "Special Events" tragedy would seem to indicate
Lee,A Lancaster Bee reporter was at every meeting when I broached the matter. Not one drop of ink was ever spent reporting on such an important matter. The Bee over the years has proven time and again that it is not an investigative paper. Sadly, the town has been absent a Buffalo News reporter for months.
What happens in Lancaster stays in Lancaster. We have a drug problem in Lancaster, but hey we can’t talk about it – not even to say how bad it is or what steps and resources are being utilized to combat it.
Your collective comments highlighted-above are highly valuable.
Not only do those words seemingly serve to correctly suggest a "Don't ask, don't tell" covert "The Bee" bias supportive of the current Town Council, but also indicate a rather overt, agenda-driven, double standard of biased journalistic intervention by "The Buffalo News," when compared to the Fudoli years.
Simply put, "The Snews," and perhaps other media outlets, now turn a blind-eye to the Coleman administration, but worked furiously to regularly publish highly slanted garbage aimed at screwing Dino.
Last edited by mark blazejewski; December 14th, 2017 at 10:40 AM.
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