An abandoned house has reportedly caught on fire at 8038 N. Pembroke Road.
Earlier today there was a report of a controlled burn. According to Dispatch, the owner of the house, who was burning brush earlier, called to say the fire had spread to the house.
East Pembroke and Alabama fire departments are being dispatched.
By Becky LeFevre
There are many unknowns about flu season, but the Center for Disease Control estimates that flu season takes place between October and April and often peaks in January. The bad news it, it’s October and it seems like it’s starting to “go around”. Whether it’s the flu already or just a common cold, we all need to take the necessary steps to stay well. One of the best ways to stay healthy this season is to strengthen your immune system through a healthy diet.
I spoke with Dr. Duane Scarborough (who has a Chiropractic and Wellness practice on Batavia-Elba Town Line Rd) about what we should be eating to help our bodies fight off sickness, or to help us recover more quickly from the colds we get. The good new is, the foods our bodies need most are available locally and are in season. Dr. Scarborough recommends cruciferous vegetables: broccoli, cabbage, kale, and brussels sprouts. These veggies are high in vitamin C, contain soluble fiber, and are proven to have anti-cancer properties. Garlic also tops the list; it fights off bacteria, viruses, and fungus. Dr. Scarborough also mentioned that tomatoes are high in Vitamin C. A few minutes online at www.mealographer.com informed me that by eating a cup of chopped tomatoes or a whole, average sized fresh tomato I would consume approximately 30-40 percent of the recommended daily value of Vitamin C.
For some people, eating a bowl of brussels sprouts might seems as painful as a few days in bed with the flu. For those of you who historically hate the sprouts, please try some fresh brussels sprouts from a local farm. They are poles removed from the frozen, mushy little cabbages you were forced to eat as a kid. Sauté them up with some butter and salt and they taste great. You can also add chopped cabbage or kale to your favorite soup or salad. Try these recipes using some of the foods Dr. Scarborough recommends, all the veggies are available at the Genesee Country Farmers Market.
Cherry Tomato Crisp
Ingredients:
· 1 1/2 pounds (about 5 cups) cherry tomatoes
· 2 slices french bread
· 1/4 cup grated Parmesan cheese
· 2 tablespoons fresh parsley leaves
· 1 tablespoon olive oil
· 1 chopped garlic clove
· Coarse salt and ground pepper
1. Preheat oven to 400 degrees. In a food processor, combine bread, Parmesan cheese, parsley leaves, olive oil, and garlic; season with coarse salt and ground pepper. Pulse until bread is very coarsely chopped, 4 to 6 times.
2. In an 8-inch square baking dish, arrange cherry tomatoes in a single layer; sprinkle with crumb mixture. Bake until crust is browned and tomatoes are tender, 20 to 25 minutes.
Roasted Garlic (from epicurious.com)
Ingredients:
1 lg. Head of garlic
¼ c olive oil
Preheat oven to 350°F. Cut top 1/4 inch off heads of garlic to expose cloves. Place garlic in small baking dish. Add oil and sprinkle with salt and pepper; toss to coat. Turn garlic cut side up. Cover tightly with aluminum foil. Bake until garlic skins are golden brown and cloves are tender, about 55 minutes. Cool. Squeeze garlic cloves from skins.
Eat roasted garlic spread on crackers, or mix it into some homemade mashed potatoes.
Last month, I asked Chris Charvella to write a "short" essay for the Genesee Blues.
The message Chris sent was a little longer than I anticipated, but so sincere, I printed it anyway. Chris gave me his permission to share it.
What We Can Do
I had intended to give you a quick piece about how great my campaign is going, about how I intend to win in November and, most importantly, about what an honor it is to have been given the opportunity to get involved in local politics. I can’t do that though. It’s not because all of those things aren’t true, as a matter of fact they’re truer than I’d ever dreamed they would be, it’s because I’ve found that win or no win, there’s real work for Democrats to do in the City of Batavia and it’s about time we put our noses to the grindstone.
I’ll use as a case in point one of the less affluent neighborhoods in my district. The south end of State Street between Washington and Park is an area of Batavia long forgotten by its elected officials. It is filled with mostly black, mostly poor citizens who are distrustful of politicians and public figures and, it seems, with good reason. One of the neighborhood kids asked me if I was the social worker, a woman on her porch thought I was a cop. All of the folks there looked at me with disdain and distrust and when I told them who I was it got even worse.
’The politicians come down here every election year and make us promises,’ I was told by a woman outside her house. ‘They never do what they say they will, nothing changes.’
Her sentiment ran true throughout the neighborhood. The people who live down there have no use for politics or politicians because we have failed them. I told the woman and everyone else who lives on the south end of State Street that I would make them no promises but that I would listen to them and advocate for them. This small article is the first step in keeping my word.
We’re Democrats. Our party has done its best to take up the mantle of the poor and underserved. We have painted ourselves as a bastion for minorities and those who believe that the good of the community is just as important as the good of the individual. The people I talked to the other day aren’t asking for handouts and freebies, they want street signs that will make their kids safer; they want the occasional visit from their representatives; they want someone to stand up and take notice. We can do that folks. We can reach out to the good people that Batavia has forgotten and let them know we care about their lives.
When I walked that street I didn’t just see poor folks and houses in need of repair, I saw a real community. Kids were riding bikes and playing on the sidewalks under the watchful eye of parents and neighbors. The kids all knew who was home and who wasn’t and they weren’t shy about telling me about it when I went to knock on a door. Neighbors were sitting together outside their houses just visiting and passing time. I felt for a moment like an outsider at a family picnic.
I’ve always counted myself as lucky. I grew up well and I’ve been successful in life. I have a beautiful wife and daughter, I own my own home and whatever worries I have are relatively simple to address. It would be easy for me to forget that not everyone is as lucky as I am and I’m writing this to remind all of you that though we may be well off and comfortable, there is no excuse for ignoring those who aren’t.
I would like to issue a challenge to you today. Don’t let communities like the one I described fade away from the public eye. Let them know that we’re here. If you’re an elected official, pay them a visit. If you’re not, pay them a visit anyway. Committee members have the ear of local representatives. We can all listen and we can all advocate.
Chris Charvella
Blue Pearl Yoga, 200 E. Main St., Batavia, NY: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for a seven-week Pilates session (one class per week), which is a value of $56, for $28.
Total Image Hair Salon/Sarah and Amanda Lowe, 226 Ellicott St., Batavia, NY: Time to update your style? Try something different or finally get the hair styling you've dreamed of, give Sarah or Amanda at Total Image a try. We have a $22 gift certificate for $11.
Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.
The Mane Attraction, 99 E. Main St., Batavia, NY: The Mane Attraction is a spa and salon offering pedicures, manicures, hair styling and massage. We have a $20 gift certificate for $10.
The Enchanted Florist, 202 E. Main St., Batavia, NY: Brighten up your home or office with flowers! We have a $20 gift certificate for $8.50.
Great Kutz, in the Valu Plaza, 4152 W. Main St. Road, Batavia, NY: Batavia's newest full-service salon, offering affordable haircuts for men and women on a walk-in basis. Today, we have two gift certificates for men's haircuts, a $12.95 value for $6 each (gift card can be applied toward other services, but not products).
NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.
Bob Bialkowski's active role in pushing forward the complaint against City Manager Jason Molino became a little clearer tonight. His participation is at the center of the current kerfuffle over breached confidence at Batavia City Hall.
Weeks ago, when Bialkowski produced a manila envelope with copies of the complaint letter, he told City Councilwoman Marianne Clattenburg that he received the complaint via email and printed it out for the complainant because that person's printer was broken, Clattenberg said.
Clattenburg said she didn't open the envelope and had no knowledge about the specific contents of the letter before handing it over to Council President Charlie Mallow.
However, the fact that this particular person filed the complaint wasn't a surprise to Clattenburg, because the person first asked Clattenburg how to handle the complaint. Clattenburg said she told the person the proper procedure was to take the complaint to the City Council President (Charlie Mallow). She indicated she was surprised when Bialkowski showed up with an envelope full of copies of the letter.
Mallow confirmed that he received the envelope from Clattenburg.
Both Mallow and Clattenburg say that the existence of the letter was revealed during the Council's next closed session, which had been called previously in order to conduct the contractually mandated performance review of the city manager.
The council agreed to take the complaint up at its next closed session, since the council was obligated to continue with the performance review and vote on Molino's raise.
That next meeting was Sept. 14, which Bialkowski did not attend, and is central to the breach-of-confidence charge by members of the council. The council discussed the complaint against Molino and agreed that the person who made the complaint should be interviewed by the council and that Molino -- who was out of town -- should be given a chance to respond.
When the council came out of executive session, it voted 7-1 to give Molino a 2.8 percent raise. Councilman Bill Cox cast the lone no vote and after the meeting cited a "personnel" matter, which he wouldn't discuss further, as the reason for his "no" vote.
After that meeting, Mallow, Clattenburg and council members Rose Mary Christian and Kathy Briggs received phone calls from the person who filed the complaint. That person had just enough details of the closed discussion to make it clear to council members, Mallow and Clattenburg said, that somebody on the council spoke freely, either directly to the person who filed the complaint or to another party who then spoke to the complainant immediately after the meeting.
But not all of the details were right. There were also misrepresentations and exaggerations.
"I don't think the public understands," said Clattenburg, "that one of the reasons the council is so upset is that the person was feeding back a lot of misinformation about what was said and we didn't like how the council was being portrayed. This wasn't just a breach of trust. This person (the leaker) was making stuff up, saying stuff that was never said."
Mallow didn't speak directly to the complainant that night (he only received a voice mail), but after he spoke to the other council members, it was clear to him that whoever called the complainant got enough of the facts right that a council person had to be the leaker.
"It was enough of the truth to see that it was somebody who was in the room," Mallow said. "There were enough tidbits of truth, but it wasn't the whole truth. It was just twisted and it was exaggerated."
Neither Mallow nor Clattenburg could say whether the letter as produced by Bialkowski was actually signed by the person making the complaint. The Batavian's news partner WBTA asked Mallow yesterday if the letter was signed, and Mallow said he thought it was. Tonight, The Batavian pointed out that it didn't seem likely that a letter that Bialkowski provided several copies of -- all coming from his printer -- would be signed. Mallow admitted that maybe it wasn't and said City Attorney George Van Nest had his only copy and he would have to check with Van Nest.
Clattenburg also couldn't remember if it was signed and didn't have her copy available.
If the letter wasn't signed, it would call into doubt, at least partially, the veracity of the letter because it would suggest the letter wasn't reviewed by the complainant before it was presented to council.
Mallow was quick to point out that there is no doubt the complainant is a real person and that this person has a complaint he or she considers legitimate. Mallow said that based on an email exchange with the complainant, he's sure the writing styles are the same, but admitted he can't be sure the letter is entirely written by the complainant.
"We don't know that the end-result that we got was the same end-result that Bob got," Mallow said. "I don't know and I can't say for sure."
He then added, almost under his breath, "That would be really devious."
"I can't say for certain that it's the same letter, but I believe the person wanted the council to have the letter," Mallow said.
As we noted in our previous story, The Batavian has offered Bialkowski several opportunities to comment on this matter and he has yet to respond. Mr. Bialkowski has several options available to him to tell his side of the story: He can call us; he can email us a statement which we will post without editing; he can post his own post; he can make a video and post it to YouTube; or he can leave a comment on this or any other post. The Batavian is an open forum and Mr. Bialkowski has all the freedom in the world to tell his story without editorial interference. The same goes for any other council member who has additional information to share on this or any other matter.
Previously:
County Democrats must be happy with the job Lorie Longhany is doing as county chair -- Tuesday, the County Committee met at the Elks Club in Batavia and unanimously voted her into a new two-year term.
Joe Cassidy, with more than 30 years on the committee, was selected for a second term as vice chair. Donna Ferry won for treasure and Carrie Henning, who filled a vacancy four months ago as secretary, wins a two-year term outright.
Sixteen new committee members were seated.
In a press release from the County Democrats, Longhany says, "Party building from the grassroots is my biggest priority with choice at the ballot box being the end result. It's exciting, we are adding many energized people to our ranks, including many young people."
As an example of energized people getting involved, the party can point to: Town Board candidate, Michael Plitt from Darien, Sarah Burk-Balbi, Phil Ricci, Julie Wallace running for Batavia city council at large, Jennifer Keys running for LeRoy Town Council, and Christopher Charvella running for the 8th District county legislature seat.
"I am proud of all the Genesee County candidates, elected officials and committee people but it is especially satisfying to see so many young people with fresh ideas willing to step up and serve their communities and their Party," Longhany said.
Download: Full Press Release (pdf)
Le Roy Dispatch signed off tonight at 11:42 with, "Le Roy Base signs off. End of tour. It's all yours."
We did not hear the next call on the scanner, but Genesee County Dispatch replied to it with, "Copy LV-2 and welcome aboard."
And so begins a new era of Genesee County Dispatch handling police and fire calls for the town and village of Le Roy.
My "family" left me behind when they moved away. Some "pack" that turned out to be! And just look at what they've lost, a true-blue friend, a loyal and loving pet.
My name is Anna Marie (classy, don'tcha think?) and I'm an adult, spayed German shepard/Labrador retriever mix.
The irony about my being left behind is that I'm such a great family dog. Kids, cats, dogs, the mail lady, I like 'em all!
Not to toot my own horn, but I'm also completely housebroken and well-mannered on a leash. Bottom line: you couldn’t ask for a better companion. But don't take my word for it, come and see for yourself.
Just look at me would ya. I'm drop-dead funny. Can't help but be with splotches like these. I'm the cutest little Oreo Cookie you'll ever meet.
In fact, the volunteers here refer to me as a living example of modern art. They say my black spots were "carefully placed" on my person but I think they are pulling my leg.
I'd sure like to amuse you inside a home that I would let you share, if you let me. P.S., I'm spayed and they call me a black-and-white DSH, but I don't know what that stands for.
O'Lacy's Irish Pub, 5 School St. Batavia, NY: In Irish pubs, it doesn't get more authentic than O'Lacy's. Be sure to try the homemade chips. We have a $25 gift certificate for $12.50.
Kravings, Valu Plaza, W. Main Street, Batavia, NY: Recently opened, it offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.
Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $50 gift certificate for $25.
Center Street Smoke House, 20 Center St., Batavia, NY: Ribs, brisket, steak, prime rib -- Center Street is a meat lover's paradise. We have a $25 gift card for $12.50.
Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.
Clor's Meat Market, 4169 W. Main Street Road, Batavia, NY: Clor's features the finest and freshest selection of meat in town, from strip steaks to a variety of sausages. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $15 gift card for $7.50.
Belladessa's Pizzeria, 9 Jackson St., Batavia, N.Y.: Here's a deal -- half off on a Family Meal Deal from Belladessa's, which is a large 1 topping pizza, 24 wings and 2-liter bottle of soda. It's a $25 value for $12.50.
Sport of Kings Family Restaurant, 419 W Main St., Batavia, N.Y.: A favorite locally owned family restaurant that is open 24 hours per day, seven days a week. We have a $15 gift card for $7.50.
NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.
SOLD OUT
We don't know yet who leaked a complaint letter to the Daily News, but two council members say that Councilman Bob Bialkowski is the person who brought the original letter to the council.
Bialkowski also reportedly told a council member that he would divulge the contents of the letter if City Manager Jason Molino received a pay raise.
Council President Charlie Mallow and Councilwoman Kathy Briggs both confirmed that letter first came to the council through Bialkowski.
"That's highly unusual," Mallow said. "Complaints usually come through the council president or the city attorney. We treat all complaints we get equally. But that's not normal."
We've left a message for Bialkowski on his home phone. Yesterday, The Batavian left two messages for Bialkowski asking him to respond to our survey of council members. Bialkowski has not responded to our email, answered the questions or returned phone calls.
Councilman Bill Cox said he had no knowledge of Bialkowski bringing the letter to the council. He thought it came through Councilwoman Marianne Clattenburg, whom he thought had the letter two or three weeks before it was discussed in closed session.
Briggs said that prior to the vote on Molino's raise, another council member called her and said that Bialkowski was threatening to make the contents of the letter public if the council approved Molino's raise, and Briggs said, "What letter?"
She said at that point, she hadn't received the letter and referred to it as "the first letter" that went to only "select council members" from Bialkowski.
Briggs said she believes Bialkwoski brought forward two letters from the same person, and it is the second one that the council reviewed in closed session.
Mallow said he wasn't aware of a "first letter." Cox wasn't aware of there being more than one letter.
Following the closed session where the letter was discussed, four council members -- Briggs, Mallow, Rose Mary Christian and Clattenberg -- received phone calls from the letter's author discussing the substance of, in some detail, though with inaccuracies, the things individual council members said during the closed discussion.
Both Mallow and Briggs said that it's clear that a council member discussed the meeting afterwards with somebody not at the meeting, which made it possible for the letter writer to learn what was discussed behind closed doors.
Bialkowski was not at that Sept. 14 meeting, which was the same night the council voted on Molino's pay raise.
Cox voted against the pay raise, and after the meeting, first characterized his "no" vote as related to a personnel issue he would not discuss publicly. Later he issued a statement that criticized the timing of the raise.
This afternoon, in a phone conversation with The Batavian, Cox agreed that there would be nothing wrong with a council member who was present at a closed session calling a member of the council who missed the meeting and discussing what was said in executive session.
We then asked Cox if he called Bialkowski after the closed door meeting and Cox said he would rather not comment on that question.
While Bialkowski missed the vote on Molino's raise this year, he was present a year ago, June 23, 2008, and voted "yes" on that year's raise for Molino. Bialkowski has been a member of the council since Jan. 1, 2008.
Molino was on vacation the night of the council voted on his raise, which is the same night the council first discussed the complaint letter. Sources say the council delayed further discussion of the complaint until Molino could be present to reply to the charges. Before the council could meet again, the letter was leaked to the Daily News and now at least five council members are unwilling to enter into an executive session without confidence that statements made in a closed session will remain confidential.
UPDATE: Councilman Frank Ferrando just returned our call. He said it was his understanding the letter was brought forward by Bialkowski, but he never heard of Bialkowski threatening to release the letter if Molino received a raise.
Previously:
Engine 12 and Ladder Truck 15 are on scene at 15 Bank St., Batavia.
I didn't catch the original dispatch, but there have been fire alarms from this building before.
UPDATE 3:50 p.m.: Engine 12 back in station.
An Oakfield man who had sex with a 15-year-old girl and videotaped multiple sexual acts with the girl was sentenced to seven years in state prison and 15 years of supervised release following his time in lock up.
Corey W. Klase, 24, was previously plead guilty to charges of sexual performance with a child and rape in the third degree. He was originally indicted on 12 counts.
Klase was arrested in January after deputies searched his home and found a video that depicts Klase engaging in multiple sexual acts the girl.
Arrested a few days after Klase was his girlfriend, Jessica R. Henry, 23, of Oakfield. She was accused of directing the girl in the videos. She was sentenced in July to six months in jail and 10 years probation.
A black bear has been seen on Vallance Road in LeRoy.
The first sighting was reported two weeks ago by a concerned LeRoy citizen but others say the bear has been in the area for at least a month.
"We first saw him in the field where there was corn being chopped, from there he went down Vallance Road," said the citizen who reported the incident.
Residents also noted that at a neighbor's house, the bear knocked over some garbage cans and had been attracted to, and damaged, both of their bird feeders. The citizen tells of other reports around town that the bear has been spotted near the Thruway exit.
Pat Flaherty, a Vallance Road resident, said, "The first time the bear came here was during the night when it knocked down bales of hay in our yard that were being used for archery." She said that happened about a week ago.
"It completely took down a big birdhouse on a pole and had broken down a clothesline that (we found) lying on the ground," she said.
On Aug. 22, a LeRoy resident shot this photo of the bear in his yard enjoying yet another bird feeder. The incident was reported to DEC that same day. Below is a picture taken early in the morning on Sept. 28 of bear prints across the same resident's driveway.
According to the New York State Department of Environmental Conservation, 80 percent of bear sightings are related to bird feeders. The DEC says, "Although many people find it difficult to believe, an animal as large and powerful as black bear is readily attracted to bird feeders as a source of food."
It is important to break them of this habit because the bear will associate the areas with bird feeders as a good place to get food. Removing the feeders is the only sure way to avoid attracting bears. The DEC claims that "bears that learn to approach one house will approach other houses."
Other options include bringing the feeder in at night and removing excess seed. Without available food, the bear shouldn’t return to the area.
In the event of a black bear sighting, it is advised that you contact the DEC at 585-226-6335.
A fire alarm has been activated at Oakfield-Alabama High School.
City of Batavia Fire Department has been dispatched to Batavia High School because a fire alarm has gone off.
UPDATE 8:52 a.m.: Engine 12 on location. Building evacuated.
UPDATE: 9:09 a.m.: False alarm. Microwave, burnt food.
In California, I was familiar with Grand Juries investigating various government activities, sometimes uncovering wrong doing or mismanagement.
Grand Juries have the power to subpoena and compel testimony, with witnesses facing possible perjury charges if caught in a lie.
In the aftermath of the probable leak of personnel documents by a member of the Batavia City Council to the Daily News, the question came up: Who has the power to investigate something like this?
I sent an e-mail to District Attorney Lawrence Friedman and asked him about the authority of Grand Juries in New York. Here's his answer:
I have copied and pasted below two sections from the NYS Criminal Procedure Law, with relevant provisions in bold print. While the alleged conduct might constitute "misconduct in public office by a public servant," the Grand Jury certainly does not investigate every claim of "misconduct... by a public servant." In fact, in my nearly 28 years in the District Attorney's Office, I can only recall one such Grand Jury investigation. I think that this is based in large part on the belief that such matters can usually be dealt with more effectively through internal means, rather than involving a Grand Jury.
The code sections come after the jump below.
NOTE: The purpose of this post is not to call for a Grand Jury investigation. That is a major step and could have significant consequences. But I asked the question, got an answer and thought I should make the information available.
§ 190.55 Grand jury; matters to be heard and examined; duties and authority of district attorney.
1. A grand jury may hear and examine evidence concerning the alleged commission of any offense prosecutable in the courts of the county, and concerning any misconduct, nonfeasance or neglect in public office by a public servant, whether criminal or otherwise.
2. District attorneys are required or authorized to submit evidence to grand juries under the following circumstances:
(a) A district attorney must submit to a grand jury evidence concerning a felony allegedly committed by a defendant who, on the basi of a felony complaint filed with a local criminal court of the county, has been held for the action of a grand jury of such county, except where indictment has been waived by the defendant pursuant to article one hundred ninety-five.
(b) A district attorney must submit to a grand jury evidence concerning a misdemeanor allegedly committed by a defendant who has been charged therewith by a local criminal court accusatory instrument, in any case where a superior court of the county has, pursuant to subdivision one of section 170.25, ordered that such misdemeanor charge be prosecuted by indictment in a superior court.
(c) A district attorney may submit to a grand jury any available evidence concerning an offense prosecutable in the courts of the county, or concerning misconduct, nonfeasance or neglect in public office by a public servant, whether criminal or otherwise
§ 190.85 Grand jury; grand jury reports.
1. The grand jury may submit to the court by which it was impaneled, a report:
(a) Concerning misconduct, non-feasance or neglect in public office by a public servant as the basis for a recommendation of removal or disciplinary action; or
(b) Stating that after investigation of a public servant it finds no misconduct, non-feasance or neglect in office by him provided that such public servant has requested the submission of such report; or
(c) Proposing recommendations for legislative, executive or administrative action in the public interest based upon stated findings.
2. The court to which such report is submitted shall examine it and the minutes of the grand jury and, except as otherwise provided in subdivision four, shall make an order accepting and filing such report as a public record only if the court is satisfied that it complies with the provisions of subdivision one and that:
(a) The report is based upon facts revealed in the course of an investigation authorized by section 190.55 and is supported by the preponderance of the credible and legally admissible evidence; and
(b) When the report is submitted pursuant to paragraph (a) of subdivision one, that each person named therein was afforded an opportunity to testify before the grand jury prior to the filing of such report, and when the report is submitted pursuant to paragraph (b) or
(c) of subdivision one, it is not critical of an identified or identifiable person.
3. The order accepting a report pursuant to paragraph (a) of subdivision one, and the report itself, must be sealed by the court and may not be filed as a public record, or be subject to subpoena or otherwise be made public until at least thirty-one days after a copy of the order and the report are served upon each public servant named therein, or if an appeal is taken pursuant to section 190.90, until the affirmance of the order accepting the report, or until reversal of the order sealing the report, or until dismissal of the appeal of the named public servant by the appellate division, whichever occurs later. Such public servant may file with the clerk of the court an answer to such report, not later than twenty days after service of the order and report
upon him. Such an answer shall plainly and concisely state the facts and law constituting the defense of the public servant to the charges in said report, and, except for those parts of the answer which the court may determine to be scandalously or prejudicially and unnecessarily inserted therein, shall become an appendix to the report. Upon the expiration of the time set forth in this subdivision, the district attorney shall deliver a true copy of such report, and the appendix if any, for appropriate action, to each public servant or body having removal or disciplinary authority over each public servant named therein.
4. Upon the submission of a report pursuant to subdivision one, if the court finds that the filing of such report as a public record, may prejudice fair consideration of a pending criminal matter, it must order such report sealed and such report may not be subject to subpoena or public inspection during the pendency of such criminal matter, except upon order of the court.
5. Whenever the court to which a report is submitted pursuant to paragraph (a) of subdivision one is not satisfied that the report complies with the provisions of subdivision two, it may direct that additional testimony be taken before the same grand jury, or it must make an order sealing such report, and the report may not be filed as a public record, or be subject to subpoena or otherwise be made public.
Last night I e-mailed five questions to each of the nine members of the Batavia City Council related to the reported leak of information from a confidential personnel closed session. Five of the council members cooperated by answering the questions directly. Two others did respond, and three have yet to respond (in addition to the questions, I've telephoned each council member who has not answered three times and twice left messages).
Below are the questions and responses.
1. Did you call any member of the public, including but not limited to, the person who wrote the letter in question, after the closed session (or did this person call you and then you revealed the substance of the closed session to the caller)?
Charlie Mallow: "The only contact I have made was this weekend was to send an apology note that the information was leaked." 'No' answers from Frank Ferrando, Tim Buckley, Marianne Clattenburg and Kathy Briggs.
2. Did you call any member of the media following the meeting and discuss, either on the record or off, the content of the closed session?
'No' answers from Mallow, Ferrando, Buckley, Clattenburg, Briggs.
3. Did you provide Joanne Beck or any other member of the media, or any member of the public, a copy of the letter in question?
'No' answers from Mallow, Ferrando, Buckley, Clattenburg, Briggs.
4. In the spirit of Frank Ferrando's statement during tonight's meeting: Are you willing to release Joanne Beck and/or the editors of the Daily News from any promise of confidentiality and let her release your name if you are the council member who leaked the letter or otherwise discussed the matter off-the-record or on background or as an unnamed source?
'Yes' answers from Mallow, Ferrando, Buckley, Clattenburg, Briggs.
Ferrando also included: "I am willing to have Joanne release my name if indeed I am the person who leaked this information. I release any possible promise."
5. Do you agree or disagree that the council should not meet in closed session again until this matter is resolved to each member's satisfaction?
Mallow, Buckley, Clattenburg and Briggs also said either "I agree" or "No further meetings."
Ferrando wrote:
I believe we should take the recommendation of our attorney George Van Ness and include in our Council rules the confidentiality of Executive Session. Until then, I am reluctant to meet in an executive session where privacy, particularly involving individuals, is not respected. In my estimation, someone on our Council was looking to assassinate the character of a person without allowing the individual the Constitutional rights everyone is guaranteed.
City governments are public entities and the rights of ALL of our citizens, under the constitution, must be clearly noted and protected. Whoever did this is, in my opinion, a coward for not stepping forward and owning up to his or her actions. As public officials we take an oath to uphold the Constitution of the U.S. and the Charter of the City. If someone deviates from that sacred trust, they should have the courage to step forward and explain why it was so important to have done so and accept the consequence of such action if deemed by the public to be unacceptable. That's the way our democratic system works and why our system of governance is so special. For a publicly elected representative to hide behind the confidentiality of a person in the media is also appalling because it casts suspicion on the innocent. That is why I am so intent. as are my colleagues, on finding out who this was because until then it casts doubt and suspicion on all members of Council. In any case Howard, you have my answers to the questions posed.
Councilman Bill Cox sent an written statement, which I posted previously. I sent another e-mail to Mr. Cox and asked if he would respond directly to the questions. He wrote back: "The city attorney advised us not to answer any questions about the executive session." By reply, I pointed out none of the quesitons dealt with what happened in closed session, but what happened after closed session. I have not received a response.
Councilman Sam Barone wrote: "Howard, I will not be responding to these questions. Sam."
I have yet to hear at all from Council members Bob Bialkowski and Rose Mary Christian.
Last night I e-mailed a series of questions related to the apparent leak of personnel information from a Batavia City Council closed session to local media. I'll have a separate post on the responses shortly, but Councilman Bill Cox sent along the following statement, which we're posting in full:
"The purpose of the executive session in question was to discuss a personnel matter. The specific subject matter and person it involved should be and remain confidential until such time it is deemed advisable to release a statement. That discussion among council members is still ongoing and a second executive session has to be held to complete it. The employee in question has not even had an opportunity to speak to council. It is inappropriate to have any of this information disseminated when the facts have not been evaluated, discussed in total, or any findings made. It is also unfair to any employee to do so without both sides having a chance to discuss the matter. After that process has been completed then we need legal advice on what gets published.
To provide legal guidance to our council, city management, and the public, I e-mailed a letter to NYCOM, the organization all the cities, towns, and villages belong to for this kind of legal guidance to request what municipal and other NYS laws say about the sharing or disclosing the contents of discussions and documentation at executive sessions. I personally told this to Council President Mallow before the meeting Monday night in hopes of preventing the fiasco that occurred from happening. It obviously had no impact.
It appears some members of council are overreacting and are on an emotional roller coaster. The tragic thing is they are deflecting (intentionally or unintentionally) the real issue and turned it into a second issue. Without a second executive session a determination cannot be accomplished, the employee cannot have an opportunity to reply, and the complainant cannot have his or her complaint heard by council and taken care of.
The real thing going on right now appears to be a witch hunt by some council members who want to require a litmus test of all council members, then a loyalty test, and finally a lynching. Those same council members are the ones who are not doing their job and they are not living up to their oath of office because they are preventing a city matter from being resolved by refusing to go into executive session. They have blown this situation all out of proportion; they have prevented a resolution to a problem; they are allowing a cloud over someone’s reputation to continue and have turned this into a circus.
I would hope this is not a ploy on some council member’s thoughts who are up for re-election to get their names in the paper in hope of getting votes this November. Our voters are smart people. I hope this fall they remember the antics going on at council by certain members, the unwillingness to act as a council on an important matter, and then vote accordingly. This entire fiasco can’t pass the “smell test”; it stinks of politics by those specific members who continue to stir things up.
If this were a business those council people would be told by senior management to get on with business or else. Council has accomplished some very good things in the past 12 months, we need to continue our work.
I take the council position I was elected to seriously will not participate in any of their childish games, litmus tests, or anything else they are trying to sell to the public. We have a lot of important objectives to work on; we have to start our budget process soon, deal with pending neighborhood proposals from NIC, and also get resolution to this problem so we can all concentrate on what we were elected to do which is better government at lower cost."
Bill Cox
Councilman – First Ward
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