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Fredonia local laws hearing gets contentious

Scott Johnston

After hearing heavy criticism from both current and former village officials in a public hearing, the Fredonia Board of Trustees took no formal action Wednesday on three local laws intended to streamline village government.

There were plenty of voices raised and accusations at the contentious hearing, which took over an hour and a half and ended with former Mayor Athanasia Landis storming out of the meeting room.

The laws would tweak the process for filing vacant board seats, change language in the code to specify that a duty of village trustees is “supervising and directing subordinate officers,” and create a “management team” out of the treasurer, clerk and personnel specialist, which department heads can take issues to.

Critics of the laws say they were put together at an April retreat by board members — minus Trustee James Lynden, who is against the changes — and the public was illegally shut out.

Sam Drayo, who was the village’s attorney for decades, started the public hearing by continuing his criticism of the laws and how they were put together. He said the board was keeping the public out of the discussion and acting secretively.

Melanie Beardsley

Drayo said the management team would have “little or no training in the operations of a village department” and that it would amount to “another separate group or department of the village. What if there’s a disagreement among the management team? What happens then?” He said trustees, as elected officials, should be responsible for such decisions.

Another former village official, Michelle Twichell, who was a trustee and is seeking to get elected again in November, said during her comments, “I simply don’t see unelected village managers possessing the skills and motivations to solve the problems facing our village.”

Landis then said, “There are so many things wrong with what is going on here tonight, from the fact that you haven’t followed proper procedures, to the chaotic content of the new laws, to how poorly they are drafted, to who is actually voting tonight. To this moment, you have never discussed openly, for the benefit of the public, what is the actual problem, what’s the reason behind it or have looked at any other possible solutions. Instead, you decided at your secret meeting to go nuclear and change the charter.”

Two other critics of the proposed laws, Sharon Near and Marsha Johnson, also spoke. An often-heated discussion among audience members and trustees ensued, with village attorney Melanie Beardsley occasionally interjecting with legal counsel that supported the proposed laws.

Trustee Scott Johnston, responding to remarks by Landis, stated that Beardsley said it would not be a conflict of interest if he votes on a law that would affect the job description of his wife, Village Clerk Annemarie Johnston.

Pictured are members of the Fredonia Village Board during a discussion on three local laws intended to streamline village government. No formal action was taken during Wednesday’s meeting.

He and Trustee EvaDawn Bashaw asserted that the management team members had been acting as de facto village administrators ever since the last village administrator resigned in 2018. Arguments over whether the village administrator position was subsequently abolished or not, then took up more time.

“Someone needs to be in the building when (department heads) need assistance, like the administrator used to be,” Bashaw stated. Trustee Roger Britz said the trustees really weren’t changing anything in the way the village operates.

Lynden continued to oppose the laws.

“The whole process was initiated and conceived outside the Open Meetings Law,” he said. “What we’re hearing tonight is a group of residents who have spoken out against these laws.” He said the laws’ supporters were minimizing the changes that would happen if they were passed.

Mayor Douglas Essek also spoke out against the proposed laws.

“I highly disagree this should be rushed or ramrodded through before the election,” he said. “Three out of four trustees have no guarantee of being on this board again.” He stated that he agreed with the five critics from the public who spoke during the hearing, concluding, “I don’t agree with this, I don’t support this.”

Bashaw said she was open to changes in the laws, but that “I do not think we should leave these changes to a brand new board.” She questioned if a new board would have the necessary experience in putting together such legislation.

That led to a back-and-forth with Essek, who told her, “You have not listened to anything the public has said.”

“You are hearing from the same people you have been hearing from for four months,” she replied. Essek said that the opinion of even one person should be listened to.

“We are listening to the people who are here. We are not doing what they are asking,” Bashaw said, drawing laughter from the audience.

“What’s the proper amount that you would listen to? … Does 10,000 people have to be here in order for you to listen? Essek said. “We’re supposed to acting on what the village residents want and what’s in their best interests.”

Bashaw replied that she and Britz had heard from a resident who supported the laws but didn’t want to attend the hearing. “That’s only one person,” Essek said. “If we do that, Doug, this back and forth, that’s a little ridiculous,” Bashaw said.

“Four of you guys were up for election this last time. … You still did all kinds of maneuvers and voting and resolutions to run the government of the village. We need to do that,” she added.

Soon after, she said, “I think we need to make some adjustments and call for another public hearing, and maybe get some people here who are supportive, so that there is both sides represented.”

After Drayo criticized the wording of the management team law again, Bashaw asked him what he would call it. Lynden interjected to wonder why she was asking when he was against it.

As trustees and audience members continued to talk over each other and trade accusations, Bashaw asserted they were trying to ensure the charter was not open to differing interpretations by different village administrations.

Landis said department heads must be given authority to discipline employees. Britz then asked her how a previous mayor (namely, Landis) was able to suspend a village employee without board approval. “The attorney and department head, they talked, they came to an agreement, the union, the department head and the union president,” she said. “That’s how it’s done.”

Bashaw continued to defend the laws. Finally, after 102 minutes of contention, Landis asked if the board could tell her three duties of the administrator. “I have 14, would you like to hear all of them?” Trustee Johnston said.

He began to read and Landis said he was reading mayoral duties. Johnston disagreed and she replied, “I know the resolution by heart.”

“I’m sure you do,” replied Johnston, shaking his head slightly.

“Thank you. That was very nice,” Landis said sarcastically. Pausing a beat, she said, “And that was totally uncalled for.”

“All right, well, tell me the other 14 then,” Johnston said.

“No, I expect an apology.”

“Oh, I’m sorry I don’t believe you have memorized all 14 of these.”

“You know, what, this is totally crazy. Have a good night,” snapped Landis, quickly standing up and swiftly walking out of the room.

Essek moved the agenda ahead as Lynden accused Britz of finding the scene funny, which he denied.

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