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Thread: Former Buffalo nursing home owner hits Poloncarz with defamation suit

  1. #16
    Member Breezy's Avatar
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    Quote Originally Posted by grump View Post
    Isn’t he a lawyer? Why doesn’t he defend himself for free and save the county money? As for a lot of lawyers defending him for nothing? Fat chance!!! Or better yet, Breezy, since you’re so civic minded and know that it’s a slam dunk case why don’t you pay to defend him? Shouldn’t cost hardly anything. Better still, you pay for his lawyers and if, by some chance you’re wrong, you and Poloncarz split the damages between you so that the rest of us don’t get stuck paying his tab
    Great idea, grump!

    It would be my great honor if that could happen!!!



  2. #17
    Tony Fracasso - Admin
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    Quote Originally Posted by Dan Roman View Post
    So you can probably see where I’m going with this. Why is the County executive getting involved if it’s the states jurisdiction? I completely agree that the company that ran the homes were total pos, but when you’re in office you have to weigh carefully the words you speak or they could come back and bite you in the a s s
    And who's a s s was exposed. His personal Twitter account a s s or the Erie County Twitter account a s s? Fair question.

  3. #18
    Tony Fracasso - Admin
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    Quote Originally Posted by Breezy View Post
    Says a lot that the thread does not include any whining about the county clerk's lawsuit concerning the Green Light Law, which, of course someone who supports the law may oppose the county clerk using taxpayers money in order to push that lawsuit.

    Personally I don't care much about each lawsuit, but that's just me!

    LOL
    The green light law directly effects a function of the county clerks office correct? Yes or No?

    Now if Mark used his "own Twitter account" leave the County Tax payers out of the loop. We had nothing to do with his actions wouldn't you agree?

    As example if an Erie County employee used their "personal twitter account" and caused a libel/slander lawsuit would the county cover their cost? Yes or No?

    Now answer my question. Did he use his "own personal Twitter account" or the "official Erie County Twitter account".

  4. #19
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    Quote Originally Posted by WNYresident View Post
    And who's a s s was exposed. His personal Twitter account a s s or the Erie County Twitter account a s s? Fair question.

    Actually our azzes as we will be footing the bill for his stupidity.

  5. #20
    Tony Fracasso - Admin
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    Perhaps our azzes won't be or have to be.

    Breezy which Twitter Account did he use? His own or the Official Erie County Twitter account?

  6. #21
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    Quote Originally Posted by Breezy View Post
    Says a lot that the thread does not include any whining about the county clerk's lawsuit concerning the Green Light Law, which, of course someone who supports the law may oppose the county clerk using taxpayers money in order to push that lawsuit.

    Personally I don't care much about each lawsuit, but that's just me!

    LOL
    That’s not the topic of the thread, but while you mention it, what’s with the “clerks” trying to create policy or go against state laws or mandates? It’s their job to issue a license or whatever, not to waste money and file lawsuits. I don’t agree with it either, but there’s proper avenues for effecting change and filing frivolous lawsuits is yet another waste of our money.

  7. #22
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    Quote Originally Posted by Breezy View Post
    Great idea, grump!

    It would be my great honor if that could happen!!!

    .

    Breezy, I’m pretty sure all you have to do to make it happen is to enter into an indemnity agreement agreeing to hold the county safe and harmless for any costs, attorneys fees, damage awards etc in the case. My guess is the county attorney could have a suitable agreement drafted in an hour or so. Their number is 858-2208. Let us know how it turns out.

  8. #23
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    Quote Originally Posted by Dan Roman View Post
    That’s not the topic of the thread, but while you mention it, what’s with the “clerks” trying to create policy or go against state laws or mandates? It’s their job to issue a license or whatever, not to waste money and file lawsuits. I don’t agree with it either, but there’s proper avenues for effecting change and filing frivolous lawsuits is yet another waste of our money.
    Remember when Hopeless Ho-ho-hochul swore that, if elected county clerk, she would never give a license to illegal aliens but would instead call law enforcement and have them immediately taken into custody? That woman is as dumb as a bag of hair.

  9. #24
    Member gorja's Avatar
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    It was a public safety issue taking the laundry to a public laundry mat.
    That laundry could have included laundry which was contaminated from any
    resident that may have had MRSA, C-DIF or VRE.
    I believe Poloncarz's concerns regarding the possibilities of cross contamination were viable.
    Whether he stated it on a public or private Twitter, the concerns were real.

    Georgia L Schlager

  10. #25
    Member Breezy's Avatar
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    Quote Originally Posted by WNYresident View Post
    Now answer my question. Did he use his "own personal Twitter account" or the "official Erie County Twitter account".
    I did answer your question, see above post, but I said I would have no idea what account was used. You would have to assume that it was his personal account which he uses all the time from what I have read. Not sure here if there is a county account anyway.


    Quote Originally Posted by WNYresident View Post
    The green light law directly effects a function of the county clerks office correct? Yes or No?

    Yes is does. Can't be as much as the clerk states, I would think.

    But isn't the county executive position also responsible for the safety of all county residents? In my view Mark is just doing his job.


  11. #26
    Tony Fracasso - Admin
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    Breezy
    Sadly of course we all read about the serious and even fatal incidents, and from what I understand that is what Mark wrote about in the case of Emerald South and Emerald North nursing homes. I don't know from the Buffalo News article what account is involved.

    Maybe Mark should sue the plaintiffs and their attorneys for any costs incurred by the county government because it is such a frivolous lawsuit anyway and especially since these rich creeps dumped hundreds of thousands of dollars in last-minute campaign donations aimed at knocking off Mark in the election a few weeks back.

    I say TOUGH to those owners.
    Owners should be liable if there is neglect involved. I'm looking at this technically. Mark can stick up for anyone in the community but that doesn't mean others should cover his legal fees. Right?

    If Mark wants he can sue the plaintiffs. But lets save us county tax payers the money upfront. If Mark used his own twitter account not a County account the County has nothing to do with this. Why go through the extra paper work when we don't have to.


    Breezy
    But isn't the county executive position also responsible for the safety of all county residents? In my view Mark is just doing his job.
    I don't think so.

    Well let us see what others say.

    https://www.google.com/search?client...he+county+exec

    The primary job of a county executive is to propose the county's annual budget, and execute it once the County Legislature approves it. The budgets in Nassau and Suffolk, at some $2.6 billion each, are larger than those in 11 states, according to Suozzi.
    Below is from the County website.

    http://www2.erie.gov/law/index.php?q...ve-branch-code

    Section 3.02 Powers, duties and obligations of county executive.

    The county executive shall have all the powers and duties and shall be subject to all the obligations and liabilities, heretofore or hereafter lawfully granted or imposed by the county charter, by this code, by local law, ordinance or resolution of the county legislature or by any applicable provisions of any act of the legislature not inconsistent with the county charter or this code.

    The county executive shall have the power and authority to subpoena and compel the attendance and the production of books, records and papers of any administrative unit, officer or employee under his jurisdiction, for the purpose of ascertaining facts in connection with any study or investigation of the affairs, functions, accounts, methods, personnel, or agency of any such administrative unit, officer or employee, and in case any person fails or refuses to obey any subpoena or fails to appear, produce books, records or other evidence required by the subpoena to testify he shall be subject to the order of a court of record in contempt proceedings. The county executive may, within the appropriations provided therefor, employ all personnel necessary to conduct such hearing.

    The county executive shall have power and authority to designate in writing, in connection with any study or investigation, any county officer who may administer oaths or affirmations, examine witnesses in any such hearing, receive evidence and preside at or conduct any such study or investigation and report the findings of such study or investigation to the county executive, together with any recommendations or suggestions which the designated county officer may consider to be required or advisable by the results of such study or investigation.

    The county executive shall have power, within the appropriations provided therefor, to appoint without confirmation by the county legislature the heads of executive divisions and all officers and employees of his own office as provided in paragraph b of section three hundred two of article III of the county charter.

    The county executive, to the extent to which organization of his office, or of any administrative unit, the head of which he has power to appoint, is not prescribed by law, may organize or supervise and direct the organization of any such administrative unit into such divisions, bureaus, sections of other subordinate part and make such assignments of powers and duties among them, and from time to time change or supervise and direct the changes in such organizations or assignments, as he may consider advisable.

    On or before the first day of November in each year, after reviewing the proposed county tax equalization rates submitted to him by the commissioner of finance, and after obtaining such additional information or holding such hearings thereon as he may deem necessary or advisable, the county executive shall fix and determine the real property tax equalization rates among the various tax districts of the county for county purposes and file the same, together with an abstract of evidence upon which the rates are based, with the clerk of the county legislature and the same shall be binding and conclusive on the county legislature. The documentary evidence used in determining the county equalization rates shall be preserved by the county executive and an abstract of the same published with the county equalization rates in the proceedings of the county legislature.

    The county executive shall not be an officer, director or stockholder of any depository or depositories designated by him pursuant to paragraph g of section three hundred two of article III of the county charter.

    In addition to or as part of the annual report to the county legislature required by paragraph i of section three hundred two of article III of the county charter the county executive shall, at least once a year, communicate to the county legislature a general statement of finances, government and affairs of the county. He shall present to the county legislature, from time to time, such information concerning the affairs of the county as he may deem necessary, or the board by resolution may request, and shall recommend such measures in connection therewith as he shall deem expedient.

    The county executive shall have the power to designate and authorize any officer or employee paid from county funds, except members, officers and employees of the legislative branch, to attend an official or unofficial convention, conference or school for the betterment of county government. Within the appropriation therefor and when so authorized, all necessary and actual expenses, including but not limited to a registration fee and mileage as fixed by the county legislature shall be paid from county funds.

    Section 3.03 Removal of the county executive. The county executive may be removed in the manner provided by section three hundred three of article III of the county charter.

    Section 3.04 Acting county executive. The acts performed by the acting county executive pursuant to section three hundred four of article III of the county charter shall have the same effect as if performed by the county executive, and the acting county executive shall have and exercise all the powers of the county executive, except the power of removal as provided in paragraph a of section 3.09 of this code.

    Section 3.05Division of budget and management. The director of budget and management shall be the head of the division of budget and management and shall perform all duties in the preparation and submission of the proposed tentative budget and capital program set forth in article 18 of this code, and all duties prescribed in the charter relating to monitoring the productivity of the various administrative units of county government. The director of budget and management shall review the management, financial, performance and compliance audit issued by the comptroller and shall report to the county executive on these recommendations. The director of budget and management shall submit to the county executive monthly monitoring reports comparing projected revenues and expenditures with actual and accrued revenues and expenditures. He shall, in addition to his powers and duties set forth in the charter or this code, perform such other duties as the county executive may require. The director of budget and management shall have the power to compel the attendance of witnesses and the production of books, papers and records, to administer oaths and affirmations, and to hear proofs and take testimony necessary in the performance of such duties. A fifteen member advisory board whose members shall be appointed by the county executive shall advise the director of budget and management on all matters pertaining to the management and performance of county government. The members of this board shall not be officers or employees of the county of Erie.

    All references contained in this code to the budget director shall be deemed to refer to the director of budget and management.
    Amended by Local Law No. 4 1985.
    Amended by Local Law No. 4 1979.

  12. #27
    Member buffalopundit's Avatar
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    Quote Originally Posted by WNYresident View Post
    Who's twitter account was he using? The County's or his own?
    If you read the complaint, the allegedly defamatory statements are listed in this order:

    1. televised press conference;
    2. local news interviews;
    3. YouTube; and
    4. Twitter.

    The statements were all substantially the same. The county attorney will defend this frivolous lawsuit, which I expect will be dismissed because statements of opinion and rhetorical hyperbole are not defamation and not actionable.

    Click image for larger version. 

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    This website makes money off of a depraved and idiotic conspiracy theory.

  13. #28
    Tony Fracasso - Admin
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    Thank you Alan. I didn't realize he was speaking out against the company apparently everywhere. I thought it was just comments he was making using twitter.

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