A little used section from the Dunkirk City Code, Department of Law, that does not exist in the Dunkirk City Charter, per se, was approved earlier this month.

At the Dunkirk Common Council meeting that evening, First Ward Councilman Don Williams sponsored a resolution authorizing the creating of a budget line in the amount of $5,000. Resolution 27-2019 addresses the unusual need of outside legal advice if a situation arises where the city attorney is unable to represent if both sides of an issue are of different branches of city government.

“Sometimes there are conflicts of interest,” city attorney Richard Morrisroe stated. “If ever there was a situation that was a legal issue, but it was a difference of opinion between different parts of government, essentially the city attorney has to step back because we represent the whole city. Our department then has to step back and say ‘we have to get second opinions’; both sides can then get second opinions from outside council.”

According to Morrisroe the city does have a third party sounding board in the form of the New York Conference of Mayors (NYCOM) that is currently budgeted. In the two years he’s been here he hasn’t had any situations arise requiring this, but is concerned it could happen one day. According to him it is allowable per the code of the city to create this option.

The biggest issue however was asked by Councilman-at-large Andy Woloszyn. His concern is the possibility of a rogue councilman that just wants to spend the money, without the need of a resolution or majority vote, as there is nothing in the city code about how this money would be utilized if the need ever arose.

“Based on prior experience I would say to get the request in writing,” Morrisroe added. “New code has to be created. Fund it today, but then add some local law language in the form of a followup resolution addressing the steps to be taken.”

Fourth Ward Councilman Mike Civiletto was upse, stating that the concept was discussed at length during the budget meetings, but was voted down.

“Now three months later someone doesn’t agree with what the city attorney says, what a labor attorney says and what NYCOM says, which we pay for,” Civiletto said, citing the resolution that brought this up, the controversial issue of Wendy Spinuzza’s misclassification settlement agreement also discussed that evening. “I’m supposed to come here and give another $5,000 for another attorney who’s going to say the same thing, because, let’s be honest, that’s what this is. Now, someone doesn’t agree with three sets of lawyers and now it’s a good idea. We’re supposed to be protecting the money of city.”

“I am the sponsor of this,” Williams replied. “There are reasons why I did it and I’d like to remind Councilman Civiletto that in the budget time there was discussion, but never a motion, so we really never voted it down. I asked for some different things and I didn’t feel I was getting the information that I was asking for. I wanted a way to get the information that I was asking for. I don’t want to say, by any means, that you’re (Morrisroe) not a good attorney. This is just putting money on a budget line that we hopefully won’t ever have to use. I’m not saying that I want to waste the tax payers money, but at the end, if there is a dispute, that money will be well spent to settle that dispute.”

Second Ward Councilman Marty Bamonto agreed with Civiletto’s reasoning, citing that there’s too many layers already.

Ultimately the budget line passed 3-2, the two ‘nay’ votes belonging to Councilmen Bamonto and Civiletto.

“We did not vote anything down, no matter what Councilman Civiletto wants to say,” Williams told the OBSERVER after the meeting. “We have a duty to get all our facts and make sure we’re comfortable with our vote. I want to say that before tonight’s (March 19) meeting I had a lot of respect for Mr. Morrisroe, I still have that respect. Before this meeting I had respect for Mr. Civiletto and after this meeting, I don’t.”

“We have $5,000 that’s in the budget that we use to pay for NYCOM,” Civiletto stated to the OBSERVER as well after the meeting. “There’s another $5,000 for Rich (Morrisroe) when he wants outside council on a specialty item that NYCOM can’t help him with. He then has the ability to go someplace and he actually used that line for this exact thing, but yet some people don’t trust those and think we need another line … for what? If I don’t like something Mr. Morrisroe said, doesn’t change the fact that it’s a law. The law is the law.”