MAYVILLE - Why rush to judgment?
That was the question posed to county lawmakers by Michael Sullivan last night.
Attorney for the Republican candidate in the District 7 election case, Sullivan accused the legislature of "usurping democracy" by electing a chairman and appointing a public defender during its meeting Wednesday.
Sullivan's issue was with the fact that Leon Beightol, the Democratic incumbent candidate in the District 7 case, was able to vote on both positions as a holdover legislator. Republican candidate Robert Stewart presently holds a three-vote lead over Beightol. If the court finds in Stewart's favor, Sullivan said the legislature's actions Wednesday will have effectively bypassed the duly-elected majority's right to make those decisions.
"You are taking action tonight while we're waiting for a decision which could (come) as quickly as tomorrow and could be as long as a month away," Sullivan said. "What is the rush to judgement? What is the need to bring a decision on this after we've already gone a month without changing and having the holdovers that have been allowed by public officers law."
In the end, the legislature voted 13 to 12 to keep Keith Ahlstrom, D-Dunkirk, as chairman.
William Coughlin was re-appointed to the position of public defender for a one-year term in a 14-11 vote.
Responding to Sullivan's accusations after the meeting, Ahlstrom said simply that the Fredonia mayor is wrong.
"If you took Mr. Sullivan's remark to conclusion, it would mean that everything we have done since Jan. 1 is illegal," Ahlstrom said. "One resolution can't be legal and another one illegal. ... If we didn't appoint a chairman tonight, the county clerk would have had the ability under the same law to fill the vacancy - and that would be abdicating our role as legislators, allowing an outside department to appoint a chairman."
LEGISLATURE CHAIRMAN
With an appeal to the District 7 case still being considered by the state Court of Appeals, Republicans were opposed to electing a chairman Wednesday. Many instead wanted to wait for the court to issue its ruling before putting the position to vote. Ahlstrom, however, cited a Jan. 31 deadline which, if missed, allows for the county clerk to appoint a chairman.
When it came time for the two parties to nominate legislators for the chairman position, the Republicans did not put any name forward. After the meeting, Ahlstrom explained that the decision was a first for the County Legislature.
Historically, parties tend to either each put up their own candidates or vote unanimously for a chairman. Wednesday night's meeting saw 11 legislators casting a vote for no one over Ahlstrom.
The 13-12 vote was passed with the support of Ahlstrom, Beightol, Lori Cornell, D-Jamestown; Thomas DeJoe, D-Brocton; Paula DeJoy, D-Jamestown; Bob Duff, R-Sheridan; John Gullo, D-Fredonia; Shaun Heenan, D-Dunkirk; Vickye James, D-Jamestown; Maria Kindberg, D-Jamestown; Rudy Mueller, D-Lakewood; Chuck Nazzaro, D-Jamestown; and Scot Stutzman, I-Jamestown.
PUBLIC DEFENDER
When it came time during the meeting to consider the resolution appointing William Coughlin to a two-year term as public defender, Fred Croscut, R-Sherman, asked that the legislature go into executive session. Croscut cited "matters leading up to the appointment or employment of a person" as well as "the employment history of a person" as the reasons for going into executive session.
Several legislators who voted against going into executive session, such as Ahlstrom, also chose not to sit in on the executive session.
"I felt that it was not necessary," Ahlstrom said. "It should have been done out in the open. We're talking about a gentleman who has served, I believe, eight years as the public defender. Anything as a matter of his record we shouldn't be afraid (to discuss) and we should do as much in the open as possible.
"I spoke to Mr. Coughlin and Mr. Coughlin was very comfortable with having any discussion in public," Ahlstrom continued. "That's why I left. I felt it was a discourtesy to Mr. Coughlin to not hear what anybody may or may not be accusing him of. I believe that is a complete disservice to him. ... Mr. Coughlin has done a great job in that office. That's what it should be about. It shouldn't be about because he's a Democrat and the Republicans have majority, he's gone."
After the executive session, an amendment was passed to change the term from two years to one year. The resolution was passed 14-11, with all Republican legislators except Duff supporting it. Legislators Mueller and Stutzman also supported the amendment.
After the change to the resolution was made, Coughlin's appointment was similarly confirmed in a 14-11 vote. All 11 Democrats as well as Duff, Stutzman and Fredonia Republican Bob Scudder supported the appointment.
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