Town Clerk’s office charged with harassment

[Lee Chowaniec]

Lancaster resident Mike Wehner addressed the town board Monday evening and requested the board “to conduct a long overdue investigation into the conduct of certain employees with regard to my wife’s employment.”

Wehner: “She resigned in 2012. The reason I am here is because my wife no longer works for the town because of my political pursuits within the town. My wife was informed by town employees that if I pursued my political career in the town, no matter what it was, that her job was in jeopardy.”

Kathleen Wehner worked in the Town Clerk’s office. She was first hired part time in 2000 and was appointed Deputy Receiver of Taxes in 2002 to serve at the will of the Town Clerk.

Wehner: The Town Attorney was notified of this a year ago in July. And as of this time, nothing has been done. There has been no deposition, none of the parties have been interviewed, and no questions have been asked and consequently no answers given. I am asking the board to conduct an investigation. I believe some of the board members don’t know about this until just recently. I am told the town attorney is going to check.”

Supervisor Dino Fudoli: “That would be Jeff Swiatek. He did perform an investigation.”

Wehner: He did not specifically because had he done so he would have had to follow civil service rules concerning the two employees in the Town Clerk’s office. He never did that. I have no notification, I have no paperwork. My wife has received nothing concerning any investigation that was done to get to the bottom of my allegations. I have personal knowledge of this because I was involved in this and I have heard nothing. Nothing has been done. And I want to know why it hasn’t and why civil service rules weren’t applied with the two employees involved and why the question wasn’t taken to the supervisor, the town clerk.”

Supervisor Fudoli: “Like I said, I thing an investigation was done.”

Wehner: “What investigation was that?

Supervisor Fudoli: “Swiatek did an investigation…

Wehner: “He did an investigation concerning the harassment on the job, which is still in litigation and which I cannot talk about. The fact is that I was spoken to by a town clerk employee on town time telling me that if I pursue my political ambitions in the town that my wife could lose her job. I know there are a lot of politics being played on a lot of levels, but that’s stepping over the line. Now that this has happened to me, who else is it happening to. Nothing has been done in relationship to this specific allegation.”

Supervisor Fudoli: “Call my office tomorrow…

Wehner: “My observation is that the town attorney has dragged his feet on this issue, so badly, that the New York State Department of Labor has thrown out the last ruling; and they ruled against the town. They ruled that the town’s statements had no credibility. So I want to know why the foot-dragging? It’s been sixteen (16) months now and nothing has been done. Nothing, not a thing!

Supervisor Fudoli: “I come from a different opinion. I thought tis was investigated and resolved.”

Wehner: “The investigation you are talking about took place last February where I personally wrote a letter to you, or my wife wrote the letter to you. The allegations were brought up on July 3, 2012. To this date, nothing has been done. I am willing to bet that the town board has not gone into Executive Session once to discuss the issue of my wife being threatened, her job being threatened, because of the conduct of town employees, on town time. If I am not mistaken, isn’t this why all the assistants in City Hall have to resign or go on leave of absence, or do political work?”

Supervisor Fudoli: “I don’t know about that Mike.”

Wehner: “That’s what you have a town attorney for. That’s why they are billing you hours, and hours, and hours for a case that should have been taken care of a year ago.”

Supervisor Fudoli: I will look into it.”

Wehner: “I would appreciate some help from the Town Clerk, I would appreciate some help from the town attorney, and I need some answers.

[WNYresident]

Wehner: “She resigned in 2012. The reason I am here is because my wife no longer works for the town because of my political pursuits within the town. My wife was informed by town employees that if I pursued my political career in the town, no matter what it was, that her job was in jeopardy.”

The employees do have a point. You know how many people frown on the friends and family plan we hear about.

Wehner: The Town Attorney was notified of this a year ago in July. And as of this time, nothing has been done. There has been no deposition, none of the parties have been interviewed, and no questions have been asked and consequently no answers given. I am asking the board to conduct an investigation. I believe some of the board members don’t know about this until just recently. I am told the town attorney is going to check.”

Supervisor Dino Fudoli: “That would be Jeff Swiatek. He did perform an investigation.”

The same Swiatek that was on our Cheektowaga town board and was involved in our town's labor contracts? Contract which over time have given our town some of the highest property taxes in Erie County?

Supervisor Fudoli: “Like I said, I thing an investigation was done.”

Wehner: “What investigation was that?

Supervisor Fudoli: “Swiatek did an investigation…

Does a town attorney get paid by the hour or a salary?

[WNYresident]

Wehner: “That’s what you have a town attorney for. That’s why they are billing you hours, and hours, and hours for a case that should have been taken care of a year ago.”

Supervisor Fudoli: I will look into it.”

Well any properly ran town would have it's receipts in order. Right?

If there are hours and hours being billed for this one matter it must have been one heck of an investigation. So who has been receiving the reports of the investigation?

Make sure the bills are itemized. You want to know what you are being billed for and why. So where does Lancaster store it's receipts? Have someone review them. What harm could come from that?

[gorja]

Lancaster resident Mike Wehner addressed the town board Monday evening and requested the board “to conduct a long overdue investigation into the conduct of certain employees with regard to my wife’s employment.”

Wehner: “She resigned in 2012. The reason I am here is because my wife no longer works for the town because of my political pursuits within the town. My wife was informed by town employees that if I pursued my political career in the town, no matter what it was, that her job was in jeopardy.”

Kathleen Wehner worked in the Town Clerk’s office. She was first hired part time in 2000 and was appointed Deputy Receiver of Taxes in 2002 to serve at the will of the Town Clerk.

Wehner: The Town Attorney was notified of this a year ago in July. And as of this time, nothing has been done. There has been no deposition, none of the parties have been interviewed, and no questions have been asked and consequently no answers given. I am asking the board to conduct an investigation. I believe some of the board members don’t know about this until just recently. I am told the town attorney is going to check.”

Supervisor Dino Fudoli: “That would be Jeff Swiatek. He did perform an investigation.”

Wehner: He did not specifically because had he done so he would have had to follow civil service rules concerning the two employees in the Town Clerk’s office. He never did that. I have no notification, I have no paperwork. My wife has received nothing concerning any investigation that was done to get to the bottom of my allegations. I have personal knowledge of this because I was involved in this and I have heard nothing. Nothing has been done. And I want to know why it hasn’t and why civil service rules weren’t applied with the two employees involved and why the question wasn’t taken to the supervisor, the town clerk.”

Supervisor Fudoli: “Like I said, I thing an investigation was done.”

Wehner: “What investigation was that?

Supervisor Fudoli: “Swiatek did an investigation…

Wehner: “He did an investigation concerning the harassment on the job, which is still in litigation and which I cannot talk about. The fact is that I was spoken to by a town clerk employee on town time telling me that if I pursue my political ambitions in the town that my wife could lose her job. I know there are a lot of politics being played on a lot of levels, but that’s stepping over the line. Now that this has happened to me, who else is it happening to. Nothing has been done in relationship to this specific allegation.”

Supervisor Fudoli: “Call my office tomorrow…

Wehner: “My observation is that the town attorney has dragged his feet on this issue, so badly, that the New York State Department of Labor has thrown out the last ruling; and they ruled against the town. They ruled that the town’s statements had no credibility. So I want to know why the foot-dragging? It’s been sixteen (16) months now and nothing has been done. Nothing, not a thing!

Supervisor Fudoli: “I come from a different opinion. I thought tis was investigated and resolved.”

Wehner: “The investigation you are talking about took place last February where I personally wrote a letter to you, or my wife wrote the letter to you. The allegations were brought up on July 3, 2012. To this date, nothing has been done. I am willing to bet that the town board has not gone into Executive Session once to discuss the issue of my wife being threatened, her job being threatened, because of the conduct of town employees, on town time. If I am not mistaken, isn’t this why all the assistants in City Hall have to resign or go on leave of absence, or do political work?”

Supervisor Fudoli: “I don’t know about that Mike.”

Wehner: “That’s what you have a town attorney for. That’s why they are billing you hours, and hours, and hours for a case that should have been taken care of a year ago.”

Supervisor Fudoli: I will look into it.”

Wehner: “I would appreciate some help from the Town Clerk, I would appreciate some help from the town attorney, and I need some answers.

Isn’t Mike Wehner a Democrat who was attempting to become the Lancaster Democratic Party Chairman in 2012?

[gorja]

Originally posted by WNYresident: The same Swiatek that was on our Cheektowaga town board and was involved in our town's labor contracts? Contract which over time have given our town some of the highest property taxes in Erie County?

That's the same guy. But our Town attorney is Dudziak, Swiatek is the attorney from Hodgson Russ the company the town contract's legal services with. Apparently, our town attorney isn't capable enough to handle such matters. In the current tentative budget, Professional services for the Law department are set at $50,000. In 2012, they spent $73,932 on Professional legal services. As of 6/30 of this year, they've spent $24,085.

[Lancaster Resident]

This local Democrat political incident reminds one of the earlier two Republican Town Board candidates who were bullied out of running for office this year by the local Democrat machine. Incidents like those, plus trying to rig elections by infiltrating and commandeering the minor political parties (even the Conservative Party), do a huge injustice to the Democracy so many have fought and died to establish and maintain in our country IMHO....

[Breezy]

This local Democrat political incident reminds one of the earlier two Republican Town Board candidates who were bullied out of running for office this year by the local Democrat machine. Incidents like those, plus trying to rig elections by infiltrating and commandeering the minor political parties (even the Conservative Party), do a huge injustice to the Democracy so many have fought and died to establish and maintain in our country IMHO....

How could the Dem party get "two Republican Town Board candidates who were bullied out of running for office this year by the local Democrat machine" ??? Opposing party candidates do not act in this manner. This sounds hard to believe.

And, keep in mind that long before the Dems were "infiltrating and commandeering the minor political parties (even the Conservative Party)" that the GOP had adopted this strategy. The Dems only recently focused more attention on minor party lines.

Perhaps should NYS adopted an anti-fusion system that such a tactic - used by BOTH major parties - would end. Fusion voting has become corrupting of the system for sure.

[shortstuff]

Isn’t Mike Wehner a Democrat who was attempting to become the Lancaster Democratic Party Chairman in 2012?

Yes gorja, this fellow was vying for the Democratic Chair position apparently according to what Lee wrote.

There were two candidates that wanted to run a campaign and for some odd reason were also bullied into not running as well. I think it is time that the taxpayers of Lancaster start waking up and put their foot down on this mafia style behavior. Because the last time I checked, don't we live in a free society where as a Democracy we have the God given right to run for political positions?

Well the Supervisor should look into this, because a question does come to mind, if they are dragging their feet if that is the case--is there a statue of limitations on this?

[Breezy]

Yes gorja, this fellow was vying for the Democratic Chair position apparently according to what Lee wrote.

There were two candidates that wanted to run a campaign and for some odd reason were also bullied into not running as well. I think it is time that the taxpayers of Lancaster start waking up and put their foot down on this mafia style behavior. Because the last time I checked, don't we live in a free society where as a Democracy we have the God given right to run for political positions?

Well the Supervisor should look into this, because a question does come to mind, if they are dragging their feet if that is the case--is there a statue of limitations on this?

And should we also hold Ralph Mohr to this same political party leadership test??

[shortstuff]

And should we also hold Ralph Mohr to this same political party leadership test??

I 100% agree with you on that one breezy! You must either not live in Lancaster because this is considered the ol' boys club around here.

[Frank Broughton]

I 100% agree with you on that one breezy! You must either not live in Lancaster because this is considered the ol' boys club around here.

Hearing all this garbage about this town, and seeing the concrete jungle mess much of it is, I have to ask, why does anyone want to live there? Can any of you gadflys say something good about that town for once????

[ichingtheory]

How could the Dem party get "two Republican Town Board candidates who were bullied out of running for office this year by the local Democrat machine" ??? Opposing party candidates do not act in this manner. This sounds hard to believe.

Really? Does the name Adam Dickman ring a bell? Because Adam was interested in running on the Republican ticket for council member, he suffered undue pressure that led to his decision to withdraw his name.

And, keep in mind that long before the Dems were "infiltrating and commandeering the minor political parties (even the Conservative Party)" that the GOP had adopted this strategy. The Dems only recently focused more attention on minor party lines.

Stay on topic. We are discussing the Democratic Party pressure/intimidation on one of its own.

Perhaps should NYS adopted an anti-fusion system that such a tactic - used by BOTH major parties - would end. Fusion voting has become corrupting of the system for sure.

The system is corrupt throughout and that will never happen.

Should we also hold Ralph Mohr to this same political party leadership test?? Absolutely!!!!!!

Again, stick to the topic. It also appears that since Wehner was appointed by the Town Clerk (to serve at her will), the Town Clerk herself played a role in the harassment and cover up.

[gorja]

Here's Julie Halm's take on the harassment -

Town employees accused of harassment, threats

by JULIE HALM Editor

Resident Michael Wehner spoke on his wife’s behalf, accusing town employees of harassment and threats during the Lancaster Town Board meeting held Monday night. Members of the board saw the situation, and its handling, much differently, however.

According to Wehner, his wife, Kathleen, began working in the town’s tax office roughly 15 years ago. He claimed, during and after the meeting, that when he began to express interest in the position of chairman of the Lancaster Democratic Committee more than a year ago, his wife encountered major problems at work.

“After word got there, she was approached by two supervisors that said if I pursued my political ambitions, her job would be in jeopardy,” he said.


According to Wehner, his wife eventually quit her position because the stress of the situation became too great, despite the fact that he never actually ran for the position.

Wehner’s primary complaint during the meeting, however, was that nothing about the situation had been investigated.

“Civil Service rules have not been applied here,” he said.

Town Supervisor Dino Fudoli begged to differ, however, stating during the meeting that the situation had been looked into.

“We did perform investigations but there appears to be some kind of a rift in the Democratic party, but I have a problem when that makes its way over to the government side,” said Fudoli. “You cannot mix politics and government; it’s clearly against the law and against any sort of code of ethical conduct.”

Following the meeting, Wehner said certain events regarding the same people but not the same incidents, were already in litigation.

Ultimately, Wehner pointed the primary finger at Town Clerk Johanna Coleman.

“My bottom line is that I want Johanna Coleman to resign,” he said following the meeting.

Coleman contends, however, that the situation has already been looked into.

“Every allegation he made has been fully investigated,” said the longtime town clerk.

http://www.lancasterbee.com/news/201...t_threats.html

[Lee Chowaniec]

Hearing all this garbage about this town, and seeing the concrete jungle mess much of it is, I have to ask, why does anyone want to live there? Can any of you gadflys say something good about that town for once????

Actually Frank it was Supervisor Dino Fudoli who said it best during his 2011 campaign when he declared, “Despite the politics in this town, we have a great community with great residents.”

The town does have great people living in it, four beautiful parks, good Parks & Recreation and Highway Departments, quality Youth and Senior facilities and programs that provide multiple services, outstanding emergency services provided by our police, ambulance (LVAC) and OEM departments, and a superior school system that has instated accelerated and challenging programs in place that have already showed value and will up to the challenge of meeting common core standard testing requirements.

Lancaster is a beautiful town and certainly no concrete jungle. Has it been mismanaged at times and not kept pace with the growth, you betcha? Does past and present town board management have shortcomings, those pesky gadflies, the NYS Controllers Office and even local courts have deemed Lancaster was guilty of ‘bad governance. Many people who love their town put some effort into making it better. Those are the people I know.

It is those so-called ‘gadflies’ that take the time and make the effort to attend town board meetings, and/or become informed by visiting the town website because they cannot appear at town board meetings, to express their opinions on this website thread; right or wrong.

I believe “gadflies” still have the constitutional right of free speech and expression and if our questions/comments/observations are contrary to those in office and find they have no merit, those in office have the hammer to not act on any of the public’s comments.

I would image the officials would prefer silence over public input or to have those attend board meetings to present glowing accolades of their every proposal and resolution. In fact, a past supervisor once declared in frustration, “Don’t you guys ever have anything positive or nice to say about the board.” That supervisor was then told: We have spoken in favor of resolutions and public hearing proposals. On average, we question or challenge no more than one or two resolutions on the agenda. That translates to those attending the meeting agreeing to 90 – 95% of the town’s business management.

Some of best proposals put forth by the town board came from public input questions/challenges/suggestions.

In today’s world of social media everyone has easy access to making their opinions known – you just did. Are all of your opinions on everything always positive?

Lastly, do you live in Lancaster, Frank?

[shortstuff]

Hearing all this garbage about this town, and seeing the concrete jungle mess much of it is, I have to ask, why does anyone want to live there? Can any of you gadflys say something good about that town for once????

I love living in Lancaster. The people are great, I know it doesn't sound like that but for the most part it's true. The restaurants are good, the parks are great & we are centrally located.

But there is some dirty laundry out there and us gadfly's are out looking out for the taxpayers.