WEST SENECA
Decision to let downsizing proceed won’t be appealed
The West Seneca residents who filed a lawsuit trying to delay downsizing of the Town Board have decided not to appeal a judge’s ruling this week that the change will take effect Jan. 1.
Daniel T. Warren said he and fellow plaintiff David M. Monolopolus were disappointed by State Supreme Court Justice Donna M. Siwek’s decision but decided not to challenge it.
In the same lawsuit, the two men also pursued complaints against government officials on a number of unrelated counts, including the town’s paying of stipends to officials who opt not to take the health insurance coverage that is offered to them.
“We just figure there’s other bigger fish in the lawsuit than just this,” Warren said. “Even though we weren’t happy with it, we’d rather expend our resources on the other causes of action.”
Filing fees and related charges for an appeal would have cost $400 or more, he said.
Because Siwek’s ruling came from a trial-level judge, rather than an appeals court, the ruling holds less sway over similar cases that might come before judges, Warren said, so the decision not to appeal may prove to limit the impact of her ruling.
Town Supervisor Wallace C. Piotrowski, who supported the downsizing, said he looks forward to West Seneca being one of the first towns in the county to move forward with a three-member Town Board.
“First of all, the town saves money,” he said. “Second of all, I think we become the first town, along with Evans, to start the trend toward downsizing government in Erie County. I think government’s going to become more efficient.”
Piotrowski downplayed concerns that a three-member board will be at more risk of violating the state’s Open Meetings Law, which requires boards to discuss the people’s business in public, whenever a majority of board members are involved. With a three-member board, that means two board members would not be able to have phone conversations or other private discussions about town business.
Piotrowski, though, contends that the Open Meetings Law is consistently violated already by the three-member majority of the all-Democratic Town Board.
“When I come to a Town Board meeting, they hand me a slip of paper saying this is who our town attorney’s going to be,” he said. “Well, how did the three of them reach that decision if they didn’t discuss it [in private]?”
He thinks a three-member board will be forced to discuss more of its business publicly.
“I think it’s going to be better,” he said.
In the meantime, Warren vows he and Monolopolus will remain active, attending town meetings and keeping a watchful eye on local officials. Although they lost the suit, he said, their decision to file it should put officials on notice.
“It sends the message that we’re going to keep our eyes on you,” Warren said, “and that we’re willing to act when we perceive you’re doing something wrong.”
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