notify

Tomorrow voters throughout Genesee County will be asked to cast ballots for school board candidates in our area's eight school districts, although in many cases they will know little about the policy positions of those candidates because of school district restrictions on board member speech.

There are five school districts in Genesee County that bar school board members from publicly sharing their opinions on any school district issues -- Alexander, Byron-Bergen, Le Roy, Oakfield-Alabama, and Pavilion.

As The Batavian found over the past two weeks, these restrictions can even have a chilling effect on candidates who have not yet won a seat on a school board.

The first hint that these policies existed arose on April 23 when members of the Alexander Central School District Board declined to answer questions about policy issues in the district, citing a rule that required all statements to come from the district's superintendent, Catherine Huber, Ed.D.

That prompted an investigation by The Batavian into board member speech policies of all eight school districts in the county. We expected the Alexander policy to be an anomaly. But it isn't.

Five districts clearly prohibit school board members from making any public statements outside of a school board meeting.

School Board Candidate Questions
The Batavian sent five questions to each of the 17 school board candidates who are asking for your votes tomorrow. Only four returned responses.

Alexander Central School:

• Sara Fernaays (Did not respond)

Batavia City Schools:

• Pat Burk (Did not respond)
• Zach Korzelius (Did not respond)
• Shawna Murphy (Did not respond)

Byron-Bergen Central School:

• Amy Mathisen (Click here for response)
• Deb List (Did not respond)
• Bill Forsyth (Did not respond)

Elba Central School:

• Candy Bezon (Declined to respond)

Le Roy Central School

• William MacKenzie (Did not respond)
• Lloyd Miller (Did not respond)
• Lawrence Bonacquisti (Did not respond)

Oakfield-Alabama Central School:

• Tim Edgerton (Click here for response)
• Lorna Klotzbach (Click here for response)
• Douglas Esten (Did not respond)

Pavilion

• John Banister (Did not respond)
• Christopher Jeffres (Did not respond)

Pembroke:

• John Cima (Click here for response)

According to legal experts contacted by The Batavian, these policies likely violate the First Amendment rights of those school board members.

Robert Freedman, director of the state's Committee on Open Government, said he's run across these school district prohibitions before and he doesn't believe they would withstand a court challenge.

"Certainly, school board members should not be able to speak on behalf of the school board unless authorized," Freedman said. "But a school board member, like any other citizen of the United States, has the right, and should be encouraged, to speak on matters of public concern."

School board attorney defends speech restrictions
Jennifer Schwartzott, the attorney for the Alexander Central School District, defended her district's policy and said: "It has nothing to do with the First Amendment." She said state and federal law, along with regulations, commissioner’s decisions, and NYS case law support the position that only the superintendent can speak publicly.

NOTE:  Jennifer Schwartzott has left a comment on this story and communicated with us via email indicating she does not believe this story accurately represents her views. Please see her comment and our response below.

Schwartzott also represents Byron-Byron Central School District.

Asked for legal citations to support her claim, Schwartzott responded, "I am not going to provide you with free legal advice or do your research for you. The extensive statutory provisions of the Education Law and the corresponding regulations are available online if you wish to review them."

At her suggestion, we looked at articles 31, 35, and 37 of the state's Education Code and couldn't find a single sentence to quote that supports her assertion that state law prohibits school board members from expressing their personal opinions on matters of public interest.

Here's what Schwartzott said about the state law: "The Education Law dictates that boards of education must appoint Superintendents, and the Superintendents shall be 'the chief executive officer[s] of the school district[s],' and 'speak on all matters' on the districts’ behalves."

The question, however, isn't whether board members can individually speak on the district's behalf but whether they can publicly share their own point of view on issues of importance to the district.

New York's education law also says the "superintendent shall be under the direction of the board of education." 

At her suggestion, we also searched for case law that supports Schwartzott's assertion that board member speech can be restricted and could find none.

We did find a case that confirms elected officials enjoy First Amendment protection for speech related to their elected duties. 

Republican Party of Minn. v. White, for example, states, “The role that elected officials play in our society makes it all the more imperative that they be allowed freely to express themselves on matters of current public importance.” 

We also found reference to a case in Arizona where a school board VP was demoted after criticizing the superintendent. A court ruled that the board had a right to pick somebody with opinions better aligned with its own views on policy matters but the former VP was allowed to retain his seat on the board.

We also couldn't find regulations nor commissioner's decisions that support Schwartzott's assertion. We spent hours searching through commissioner's decisions using various search terms and could not find any decisions that indicated school districts could restrict board member speech.

David C. Bloomfield, professor of Education Law at Brooklyn College and The CUNY Grad Center, whom we contacted with the help the Education Law Association, said he knew of no law or case law that prohibited school board members from answering the questions of reporters, or any other member of the public, or otherwise publicly sharing their own personal views on matters of public interest related to his or her school district.

“That’s protected First Amendment speech," Bloomfield said. “Individual board members cannot be prohibited from expressing their opinions publicly on district policies. They are not required to express their opinions but they may express their opinions as a First Amendment matter."

School Taxes
School board members make many decisions each year that affect the lives of local residents, including determining how much we pay in taxes. Here is a sampling of what percentage school districts take in local taxes.

• Alexander CSD in the Town of Alexander: 49 percent.
• City Schools, in the City of Batavia: 47 percent
• Byron-Bergen CSD in the Town of Bergen: 48 percent.
• Byron-Bergen CSD in the Town of Byron: 53 percent.
• Elba CSD in the Town of Elba: 50 percent.
• Le Roy CSD in the Town of Le Roy: 58 percent.
• Oakfield-Alabama CSD in the Town of Oakfield: 50 percent.
• Oakfield-Alabama CSD in the Town of Alabama: 53 percent.
• Pavilion CSD in the Town of Pavilion: 49 percent.
• Pembroke CSD in the Town of Pembroke: 52 percent.

He added, “A school board member can speak about their understanding of school district policies but should be clear they don’t individually speak for the school district. That is properly the responsibility of the board president or superintendent.”

Batavia, Elba, and Pembroke all have more permissive policies than the five districts that have essentially placed a gag rule on school board members.

Candidate questions
To test school board member's understanding of their district's policies on board member speech, we sent five questions to each of the 17 candidates for school board seats in tomorrow's elections. We sent the questions last Monday with a deadline of 5 p.m. Thursday to respond.

We received responses from only five candidates.

Four of those candidates answered the questions (see sidebar).

One candidate, and a current school board member, from Elba, declined to answer the questions even though Elba's policy appears to allow school board members to express individual opinions.

"Thanks for reaching out," said Candy Bezon from Elba CSD. "I think it's great that you're doing that. Being a current Board member, I wish to decline to comment at this time as our current policy is that any media communication should be directed to our Superintendent, Keith Palmer or Board President, Mike Augello. Thank you and I hope you're having a great day."

Palmer shared the district's written policy, which says in part, "The Board President is designated as the spokesperson for the Board when the Board is making a statement on an issue. No other member of the Board individually will speak for, or in the name of, the Board unless by explicit direction of the Board. Board members should emphasize to the media when asked to speak as a board member that they can only speak as a private citizen."

For the 12 candidates who did not respond to the questionnaire, we sent a follow-up request for comment Friday morning (we also sent a reminder email Thursday morning, ahead of the deadline) and inquired as to why they did not respond to the candidate's questions. Not one of the dozen who ignored the candidate's questions acknowledged the follow-up questions.

We actually communicated with one candidate seeking votes, Sara Fernaays, who is unopposed for school board in Alexander, through Facebook messages. She also did not respond. The prior week, The Batavian attempted to interview her after a school board meeting and she declined an interview saying she feared trouble with the school district if she spoke with a reporter.

Policies in Batavia and Pembroke
In our research to uncover specific school board policies for all eight school districts in Genesee County, we first contacted Pat Burk, president of the board for city schools.

Burk said the way he understood New York law, school board members could share their personal opinions but should be clear they are not speaking for the board. They also must be careful not to discuss confidential information, such as information regarding specific students.

There are state and federal laws that protect certain student information (but not all student information) from disclosure.

"They (board members) are allowed to give their opinion but it is only a personal opinion, it is not reflective of the Board," Burk said in an email. "Most Board Members should, of course, say something on an individual issue to the extent of, 'While I feel___________, this is a matter for the entire Board and together we support _____________.  I stand by the Board's decision.'

"So with that in mind," he added, "many choose not to speak individually as it really doesn't carry any weight other than it is a personal opinion. I always tend to be pretty open about my personal opinions on school matters as long as they can be discussed, but I am very certain that the person I am speaking to realizes that it is a personal opinion and not the decision of the Board."

We were surprised, then, when Burk, as well as the other two school board candidates (Zach Korzelius and Shawna Murphy) in tomorrow's city schools election, did not respond to our questionnaire. Nor did any of the three acknowledge our follow-up email.

When they failed to respond, we followed up Superintendent Christopher Dailey, who also said school board members were free to express their own opinions on matters related to the school district so long as they protected confidentiality, though it is best to refer questions to a designated spokesperson.

"For District policies and issues that our BOE votes on, the Board practice is to have a spokesperson to share the result of the decision of the Board, if asked by the media," Dailey said.

The other school district in Genesee County that does not restrict board member speech is Pembroke.

Superintendent Matthew Caledron engaged in a transparent and lengthy email exchange with The Batavian about the issue.

Calderon said he believes board members in Pembroke would abide by the policy that questions from a reporter be funneled through the superintiendent; they are not prohibited from sharing their personal opinions on matters before the board.

"I am the official spokesperson, and at Board meetings, it is the Board President," Calderon said. "Individual Board members cannot speak on behalf of the Board or District, and if an individual board members wished to share their personal views with a reporter (or anybody else), while they have the constitutional right to do so, they would probably opt not to do so because most matters are best left to the superintendent or Board President to discuss."

In Calderon's first email response to The Batavian, he pointed us to policy guidelines from the New York School Boards Association that recommends school boards have a designated spokesperson and that individual board members only speak publicly when they make it clear they are expressing their own personal opinion.

From Calderon's email quoting NYSBA policy guidelines:

... when making statements to stakeholders, the public or the media, school board members have a duty to distinguish personal opinion from the established policy or articulated views of the board.  Only the board as a whole, or its designee, has authority to speak for the board.  Therefore, whenever communicating about issues related to the district, each board member should clearly state that he or she is communicating a personal opinion and is not speaking for the board.

One of the four candidates to answer our candidate's questions is John Cima, school board president, and the only candidate on Pembroke's ballot.

What's interesting about Pembroke's more permissive policy is the law firm Osborn, Reed & Burk LLP represents Pembroke, according to the district's minutes for its 2017-18 organizational meeting. Jennifer Schwartzott, the attorney for Alexander and Byron-Bergen, who has defended the speech restrictions in those districts, is a partner in that Rochester-based law firm.

School districts that restrict speech
Here is an overview of the responses we got when we surveyed school district's on their policies:

Alexander: Their policy was uncovered through prior coverage, which sparked this investigation.

Byron-Bergen: Superintendent Mickey Edwards said "I am the official spokesperson for the District per my contract and Board Policy. 'All statements of the Board will be released through the Office of the Superintendent...' An individual Board member should not make public comment on District matters."

Le Roy: Superintendent Merritt Holley said: "Our Board Policy states #3110, 'All statements of the Board will be released through the Office of the Superintendent and/or District Clerk.' For Le Roy CSD, this policy would direct all statements or questions from the Board to come through my office for publication."

Oakfield-Alabama: Board President Kimberly Staniszewski responded to our inquiry and stated: "All communication is delivered to the media by our school Superintendent or his/her designee. No board member is permitted to speak to the media unless authorized to do so by the Superintendent. I have attached Oakfield-Alabama media policy #3110." The attached copy of policy #3110 is about news releases and is moot on the question of whether board members are entitled to their own publicly shared opinions. Nor does it explicitly direct board members to refer questions to the superintendent. We requested clarification from Staniszewski and did not get a response.

Pavilion: Board President Marirose Ethington responded by quoting the district's policy manual: "As the official spokesperson, the Superintendent or his/her designee shall issue all news releases concerning the District. All statements of the Board will be released through the Office of the Superintendent and/or the District Clerk. Identifying a media spokesperson who will be briefed on all details. This spokesperson shall be the Superintendent or his/her designee. Only this spokesperson shall talk to and maintain a timely flow of information to the media."

Policies elsewhere
The Batavian performed a deep search of online resources to find any legal support for speech-restriction policies and could find none. Where we did find school boards and school board associations that address the issue, the common theme is: School boards should have an official spokesperson and emphasize that school board members are free to answer questions for public review but should emphasize they are speaking for themselves only.

In Ohio, for example, the Ohio School Board Association says: "Dealing with the news media can be intimidating, but responding to journalists is an important responsibility of school board members and administrators."

Stacy Bogard, a public relations specialist advising the Michigan School Boards Association wrote in a column, "you’ll want to do whatever you can to ensure that the media receives openness, honesty, accessibility and trustworthiness from every member of your board and administration."

Even the National School Board Association says that part of a school board member's job is talking with the media.

There have been a couple of attempts we found around the nation of school board members pushing to prohibit other school board members from talking with reporters and in those articles, attorneys and school board associations tend to agree such policies are unconstitutional, such as in New Jersey.

Janet Bamford, a spokesperson for the New Jersey School Boards Association, confirmed in a statement to the Herald on Friday that board members do indeed have that right and do not forfeit their First Amendment rights when serving on a school board.

"Typically boards, as a best practice matter, will designate someone to be the spokesperson for the district, usually the board president and the superintendent," Bamford wrote.

"However, school board members retain their First Amendment rights to comment on anything; however, they must make certain that it is known that they are only speaking for themselves, and not on behalf of the Board of Education."

In Houston, it was school board members who complained that district policies violated their free speech guarantees.

Local government reaction
Over the past two weeks, as we discussed these policies with elected officials in local government, they expressed surprise that such policies existed in local school districts, especially when school districts take such a large chunk of tax revenue from local property owners (see sidebar).

We asked Bob Bauch, chairman of the Genesee County Legislature about it, and he was just as shocked as everybody else and has a hard time believing it's actually true.

“I just can’t imagine a basis for that, if, in fact, it’s true -- that you could possibly tell an elected official they cannot talk to the press, particularly during an election campaign when they’re up for office,” Bausch said.

The way Jennifer Schwartzott, the attorney for Alexander and Byron-Bergen, sees it, school board members speaking at sparsely attended school board meetings should be sufficient for the public to understand their thinking on issues of public interest.

"The Education Law also confirms that in their individual capacities school board members do not have any greater power than other community members," Schwartzott said. "Their power to exercise their board duties arises when they are collectively assembled as a board, as is the case with most boards in municipal and even corporate settings. Community members who are interested in what the local board members have to say can attend board meetings when the members discuss issues, share their opinions, and make decisions."

NOTE:  Jennifer Schwartzott has left a comment on this story and communicated with us via email indicating she does not believe this story accurately represents her views. Please see her comment and our response below.

At school board meetings, members of the public, of course, are generally prohibited from entering into a dialogue with board members during board discussions to better probe each member's thinking on issues.

Bausch said he understands the need of reporters to ask questions after a meeting and thinks it is simply part of the process of informing the public.

“If you believe in a free press and public elections, I don’t see how you could possibly say you can’t talk to the press," Bausch said. "I mean, I could say something at Ways and Means that I’m going to vote a certain way and I and the other legislators could all agree and then vote.

"That doesn’t necessarily explain to you in any way what my thinking is on why I voted the way I did. It happens all the time, you could say, ‘I understand your vote but could you explain it to me?’ That’s your job if you’re going to represent yourself as a news person or a reporter or a member of the public.”

An apparent house fire is reported at 7354 N. Bergen Road, Bergen.

A retired city firefighter on scene says the fire appears to be in the basement. No flames showing but heavy black smoke.

Bergen fire dispatched along with Byron, South Byron, and Le Roy.

UPDATE 5:57 p.m.: The location is between West Sweden Road and Wood Road.

UPDATE 6:28 p.m.: The fire is under control. The family was away from the residence and took the family dog with them. A pet cat inside the residence died at the scene due to apparent smoke inhalation. Tanker is returning, in service.

UPDATE 7:48 p.m.: A Red Cross response is canceled. The family will stay with neighbors.

UPDATE 7:57 p.m.: Red Cross is continuing to the scene. They have other services to offer the homeowners.

UPDATE 8:12 p.m.: The actions of retired City Fire Captain Pat O'Donnell probably helped save this residence from complete destruction. He closed up windows and doors prior to firefighters arriving on the scene and was able to provide crews with the precise location of the fire once they arrived. "Closing up the house is very important," said Bergen Chief Chuck Dodson. "Out here where we have no water supply, we depend on tankers, we really need all the advantages we can get. Anytime we can get a fire closed up, limit the oxygen, limit the size of the fire, we’re going to be more successful."

UPDATE 8:21 p.m.: Bergen assignment back in service.

This is a form of interior ventilation I had not seen before. The flow of water pressure creates a kind of vacuum in the interior to help suck smoke out of the building.

The horses across the street were a little spooked by all of the activity.

There are too many Republican votes in the State Senate that are holding back important reforms that will move New York forward and Joan Elizabeth Seamans would like to replace one of them.

She's got her eye on the District 61 seat currently occupied by Michael Ranzenhofer.

"It is time that we (Democrats) get another vote in that Senate so we can have sensible laws and things that benefit our community," Seamans told a group of activist women gathered for a political workshop at the Dibble Family Center in Batavia.

"We have high taxes. It's a Republican problem and I'm going to tell you why. As long as we keep having corporate welfare and sending money downstate to luxury developers and not investing in our people we have a problem."

Seamans said she is one of nine children from her family and that they grew up poor. At 13, she had to start earning her own money to buy clothes for school. She has been in business for herself her whole life and has served in various political and civic groups.

The issues she raised today included early voting, the opioid epidemic, health care (she favors single payer), criminal justice reform, and bail reform.

She said New York needs sensible gun laws and criticized Ranzenhofer for voting against bipartisan legislation that would bar people convicted of domestic violence from possessing guns.

"This is is what sensible gun reform is," she said, "yet my opponent voted against this legislation. His no vote is obscene and demonstrates a voting record that is not only out of touch but it is anti-woman."

The biggest reform Albany must tackle, she said, is campaign finance, particularly the LLC loophole, which enables large donors to establish multiple limited liability corporations to make donations to political candidates at the $60,000 limit for each.

She said a "luxury developer" downstate has donated $100,000 to Ranzenhofer.

"That corporation has received hundreds of millions of dollars in tax breaks," she said, and then added, "This is why we need campaign finance reform, because we have corporations supporting candidates who give tax breaks to the wealthiest down state when we when we need those resources back here in Western New York."

(name redacted upon request; defendant granted youthful offender status, 18, of East Main Street, Le Roy, is charged with criminal possession of a controlled substance, 7th, criminally using drug paraphernalia 2ndp and unlawful possession of marijuana. David C. Renteria, 18, of Bernd Road, Pavilion, is charged with criminal possession of a controlled substance, 7th, and criminally using drug paraphernalia, 2nd. Eric J. Bratcher, 29, of Pringle Avenue, Batavia, is charged with criminal possession of a controlled substance, 7th, and criminally using drug paraphernalia. On Wednesday, Batavia PD conducted a traffic stop on a vehicle on Pringle Avenue. Members of the Local Drug Task Force participated in the traffic stop and found the occupants allegedly possessed crack cocaine, oxycodone, marijuana, and drug paraphernalia. xxxx was also issued traffic citations.

Laura Ann Fronczak, 35, of Lake Street Road, Le Roy, is charged with driving while ability impaired by drugs, window tint violation, and unlawful possession of marijuana. Fronczak was stopped at 2:26 p.m. Wednesday on Route 33, Stafford, by Deputy Ryan DeLong.

There is a man at UMMC tonight who may live because a family residing on South Street Road in Pavilion acted fast to pull him from the wreckage of his truck after he apparently suffered a heart attack, performed CPR, and called 9-1-1.

"I looked out my kitchen window," Eileen Ostrander said. "I ask my son and my granddaughter, 'is it raining that hard or is there a fire?' We went the kitchen door and then we heard the tires spinning. It was still in gear."

They didn't realize at first that somebody might need their assistance.

"It took a second to realize what was happening," said her son, Joe Condidorio. "You know, a lot of people on four-wheelers, tractors, so we took a few steps and we looked at each other and we realized what was going on and we just sprinted toward the truck."

Ostrander said she used to be a track star but this time her son beat her to the truck.

The truck was wedged into a grove of pine trees on the other side of a field across the road from their house.

When they got to the blue pickup truck, it was still in gear, the man's foot was full-throttle on the gas, smoke was spewing from the back tires and the driver was slumped over the wheel.

Condidorio undid his seat belt, turned off the engine and slapped him gently on his face to see if he would respond. His daughter, Isabella, called 9-1-1.

"He was unresponsive," Condidorio said.

Ostrander, who has worked for HomeCare & Hospice and Crossroads House, felt for a pulse. There was none.

Condidorio pulled the man from the vehicle and into the field. Ostrander started CPR.

Often times, dispatchers must talk a person through CPR procedures but Ostrander knew what to do.

"Actually, when I had my children it was the best thing I ever could have done was to take the CPR course," Ostrander said. "Everyone should."

By the time medics arrived, the man's pulse had returned and an EKG showed he had suffered a heart attack. At the time he was transported by Mercy EMS to UMMC, he had a regular heartbeat.

Condidorio said what his mom did was amazing and the family pulled together in a team effort.

"She probably couldn’t have gotten him where I got him to," he said. "She took over from there, so it was a great team, and with my daughter calling 9-1-1, too."

(Initial Report)

A serious-injury accident is reported in the area of 9663 South Street Road, Pavilion, near the town line with Le Roy.

A person was ejected from the vehicle; CPR in progress.

Pavilion fire and Mercy EMS dispatched. Mercy Flight on in-air standby.

UPDATE(S) (By Billie) 8:34: p.m.: A landing zone for the helicopter is being set up.

UPDATE 9:11 p.m.: Residents in the area heard an engine revving; upon inspection, they found a truck wedged in a grove of pine trees, its driver passed out and unresponsive with his foot on the gas pedal, wheels spinning in place. His body had no pulse. A nearby resident arrived on scene, turned off the engine and pulled the victim out of the vehicle and onto the ground. That rescuer's mother, who is a nurse, was also there and performed CPR. The victim was subsequently taken via ground ambulance by Mercy medics to UMMC.

(Follow Up)

It's been 22 years since Guadalupe Hernandez was arrested on a burglary charge in the Town of Byron but just this past week an appeals court ruled his three-to-six-year sentence handed down in 2016 was "too harsh."

The sentence was reduced to one year.

Hernandez, 41, was first arrested in 1996. He failed to appear for his arraignment on the felony charge and was re-arrested in 2011. In November, he entered a guilty plea with a sentence cap of five years in prison. He then disappeared again -- in both cases, he reportedly left the area -- and wasn't re-arrested until 2016.

The Appellate Division, Fourth Judicial Department, agreed with the argument by Hernandez's attorney that the sentence was unduly harsh considering the nature of the crime.

"My understanding is that it may have been in part because of the nature of the burglary," District Attorney Lawrence Friedman said. "Apparently, there was a fight going on outside of a residence and, I believe, the defendant chased someone else into the residence and continued it, or did something, but entered with the intent to commit a crime.

"So it's not what you probably think of as your typical burglary. It wasn't someone breaking into someone's home to steal something. So that certainly may have been one of the factors weighed on appellate division finding this to be harsh."

The court rejected the defense contention that Hernandez wasn't properly warned that if he failed to appear in court he would lose his sentence cap, stating that since Hernandez didn't object in court he had failed to preserve that contention for court review.

Friedman said overturning sentences as too harsh is rare, primarily because most sentences are part of a plea agreement and the defendant clearly agreed to these terms.

Some years ago, Friedman's office started requiring defendants who enter a plea agreement to waive their right to appeal the sentence as a condition of the plea deal. Hernandez was convicted before that practice was established.

      Deputy Ryan Young

By the time Deputy Ryan Young arrived at the Log Cabin Restaurant in Indian Falls at 11 p.m. on April 11, he knew a customer had caused a disturbance in the restaurant and that the customer had fired at least two shots from a firearm.

As Young and other deputies arrived in the parking lot that Wednesday night, they heard another shot being fired.

Keith Kent, a 61-year-old logging company owner from Albion, spotted by deputies in the parking lot carrying a handgun, did not respond to verbal commands to drop his weapon.

At a press conference today about the shooting, First Assistant District Attorney Melissa Cianfrini said, "He began to advance in the direction of Deputy Young, raising and ultimately pointing his revolver at Deputy Young. Deputy Young fired several rounds and Mr. Kent was shot."

Kent was hit in his neck and grazed by a bullet across his back. He was pronounced dead at the scene.

Following a month-long investigation by State Police -- that District Attorney Lawrence Friedman characterized as "thorough" -- a Grand Jury reviewed the evidence and returned what is known as a "no bill," which means the Grand Jury found no reason to charge Young with a crime.

Friedman said the Grand Jury ruled the shooting was justified.

While Friedman and Cianfrini are prohibited by law from discussing anything that happened during the Grand Jury hearing, they are free to discuss what the State Police investigation uncovered.

The narrative of events starts with Kent trying to talk with a woman at the bar of the Log Cabin.

"He was talking with the woman at the bar and she was not receptive, I guess you might say, to what he was saying to her," Friedman said. "He was asked to leave her alone and ultimately was asked to leave the bar and was removed from the bar under protest."

After he went outside, either patrons or employees or both continued to observe him as he walked to his truck.

By this time, a person at the Log Cabin had already called 9-1-1 and remained on the phone with an emergency dispatcher providing updates as "the situation quickly escalated," as Cianfrini put it.

Investigators were not able to determine if Kent retrieved a revolver from the truck or if he already had it on him when he left the bar. He was a valid permit holder for the revolver, Cianfrini said.

After reaching his truck, he started to walk back to the bar and fired two shots into the air.

"Patrons at the restaurant and employees went down into a basement and began to arm themselves with materials in the basement while hiding," Cianfrini said. "Mr. Kent did re-enter the restaurant and threats were made."

There is no evidence that Kent fired his revolver while inside the restaurant.

He walked back outside.

"He was given multiple directives by sheriff's deputies to drop his weapon," Cianfrini said. "He did not comply with those directives."

Young was armed with his duty AR-15. As Kent pointed his revolver at Young -- who was 50 to 80 feet away from Kent -- the deputy fired 15 shots, which did not empty his magazine, Cianfrini said.

No other deputies fired their weapons during the incident.

"I believe that the reason why other deputies may not have discharged their firearms was because of the concern that there may have been patrons in the restaurant area," Cianfrini said. "They weren't fully aware where the patrons or employees in the restaurant were, and so under their standing orders, they were not in a position where they could safely discharge their firearms."

The narrative of events was established by witness statements, body camera recordings, 9-1-1 recordings, and the available forensic evidence.

"What I can tell you about the body-worn camera footage is that this incident took place during the night," Cianfrini said. "It was dark. There was limited lighting. There were no body-worn camera recordings that directly caught the incident."

Friedman said, however, the recordings were useful to the investigation, especially the audio portions of the recordings.

Asked if Kent made any statements before being shot, Friedman said he doesn't believe he did.

Friedman expressed confidence that the shooting was justified.

"I would say, in addition, that throughout this very thorough investigation, interviewing of everyone who was there, there was never the slightest hint that would indicate that this was anything other than justified."

Previously:

• BREAKING: Grand Jury finds Log Cabin shooting death justified
• UPDATE: Deputy shoots and kills armed suspect at Log Cabin Restaurant
• Man shot and killed after pointing handgun at deputy outside Log Cabin Restaurant
• Man shot by deputy at Log Cabin was looking for a fight according to early reports from the scene
• Deputy Ryan Young is identified as officer involved in Wednesday night's shooting at Log Cabin Restaurant
• BPD officer who shot robber in 1977 says 'don't let others second guess you'
• Once all the evidence is in, DA will face decision on whether to have Log Cabin shooting case reviewed by grand jury

The shooting by a deputy that resulted in the death of Keith Kent in the parking lot of the Indian Falls Log Cabin Restaurant the night of April 11 was deemed justified, the District Attorney's Office announced at a press conference this afternoon.

The Genesee County Grand Jury returned "No Bill" for Sheriff's Deputy Ryan W. Young after a thorough investigation by State Police and a complete review of the evidence by the jury, District Attorney Lawrence Friedman said.

Follow Up: All evidence pointed to justified shooting at Log Cabin, DA says after Grand Jury clears deputy

A "very large fire, larger than we had before," according to the East Pembroke fire chief, is reported at Edward Arnold Scrap Processors Inc., 2216 Angling Road, Corfu.

East Pembroke fire along with Corfu, Indian Falls, and Town of Batavia are dispatched in a second alarm.

UPDATE(S)(By Billie) 5:54 p.m.: Oakfield Fire Police are requested to shut down traffic at Angling Road and West Avenue.

UPDATE 5:57 p.m.: A reader sent in this photo above of the huge plume of smoke that is visible from Galloway Road.

UPDATE 5:59 p.m.: Per command, all firefighters responding are told this fire is to be fought defensively.

UPDATE 6:09 p.m.: All available manpower from Town of Batavia Fire Department is requested to stand by in quarters.

UPDATE 6:12 p.m.: Tankers are requested to the scene from Elba, Alexander and Alabama.

UPDATE 6:18 p.m.: Mercy medic #1 is asked to stand by in East Pembroke Fire Hall.

UPDATE 6:28 p.m.: All available manpower, including EMS, from Corfu called to stand by in quarters.

UPDATE 6:48 p.m.: Although smoke spewing from the scene is roughly half what it was, firefighters are having some difficulty fighting the blaze. Storage trailers that are stationed along an access road are preventing firefighting apparatus from reaching the north corner of the site.

UPDATE 10:08 p.m.: East Pembroke is back in service.

UPDATE 10:21 p.m.: Fire photos:

Here's another reader-submitted photo, taken from Stannard Road, Alexander.

Domingo Gomez-Gomez

A 50-year-old Alexander resident who may not be in the country legally is accused of raping a coworker and then, when deputies showed up to investigate the rape report, he is accused of presenting them with forged documents.

Domingo Gomez-Gomez, 50, of Alexander Road, Alexander, is charged with rape in the first degree, possession of a forged instrument, and offering a false instrument for filing with intent to defraud. 

The alleged rape was reported about 1 a.m. on April 28 after Gomez-Gomez forced a female coworker to have sexual intercourse with him. 

When he was questioned by Deputy Investigator Joseph Loftus and Investigator Christopher Parker, Gomez-Gomez allegedly produced numerous false instruments to identify himself. 

He was arraigned Saturday and jailed on $100,000 bail or $200,000 bond.

ICE is investigating whether Gomez-Gomez is in the country legally.

Dylan James Perry, 36, of Kingsbury Avenue, Batavia, is charged with burglary, 3rd, and petit larceny. Perry is accused of entering a business on Route 20 in Darien on Dec. 4 and stealing money. He was located in Manchester, Tenn., and extradited to New York.

Michael Joseph Panepento, 21, of North Street, Le Roy, is charged with assault, 3rd. Panepento is accused of punching another man several times in the head causing substantial swelling, bruising, and a cut, during an argument at a home in the Town of Pavilion at midnight April 28.

Jennifer A. Noll, 38, of Harvester Avenue, Batavia, is charged with soliciting alms in violation of Batavia Municipal Code. Noll is accused of asking people for money near Kwik Fill at 99 Jackson St., Batavia, at 10:22 p.m. April 30.

Darien Leonard Rhodes, 25, of Dellinger Avenue, Batavia, is charged with unlawful possession of marijuana. Rhodes was allegedly found in possession of marijuana at 5:10 p.m. May 1 at a location on Dellinger Avenue.

Steven M. Morales, 42, Lewiston Road, Batavia, is charged with criminal possession of a controlled substance, 7th. Morales was charged following a traffic stop where he was allegedly found in possession of a glass crack pipe with residue. He was stopped at 1:21 p.m. May 3 on Central Avenue by Officer Marc Lawrence.

Erin M. George, 30, of Horseshoe Lake Road, Batavia, is charged with DWI, driving with a BAC of .18 or greater, and speeding. George was stopped at 2:13 a.m. April 27 on Main Street, Batavia, by Officer Mitchell Cowen.

Angela Reanee Bateman, 45, of East Main Street, Batavia, is charged with criminally using drug paraphernalia, 2nd. Bateman was charged following a report into a disturbance on Pringle Avenue at 4:11 a.m. May 1 by Sgt. Eric Bolles.

Miguel E. Alvarez, 23, of Maple Street, Batavia, is charged with petit larceny and unlawful possession of marijuana. Alvarez is accused of stealing the property of another person on Maple Avenue on April 25. He was allegedly found in possession of marijuana at the time of his arrest.

James C. Emerson, 56, of Church Street, East Pembroke, was arrested on a warrant for alleged failure to appear. He was arrested in Wayne County and turned over to Batavia PD. He posted bail and was released.

Ahdeosun Richaud Aiken, 19, of Ellicott Avenue, Batavia, is charged with criminal mischief, 4th. Aiken is accused of damaging property during an argument at 1:45 a.m. May 3 at a location on Hutchins Street, Batavia.

Nicholas Matthew Erway, 21, of East Robinson Road, North Tonawanda, is charged with DWI, driving with a BAC of .18 or greater, stopping on a highway. Erway was allegedly found sleeping behind the wheel of his vehicle at 12:04 a.m. May 6 while it was stopped on Route 77 in Alabama by Deputy Howard Wilson.

June Ann Weinart, 28, of Freeman Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, speeding, moving from lane unsafely, and open container. Weinart was charged following a traffic stop at 3:23 a.m. Saturday on Batavia Stafford Townline Road, Batavia, by Deputy James Stack.

Bruce Kenneth Ames, 51, of Washington Avenue, Batavia, is charged with unlawful possession of marijuana and unnecessary smoke/vapors. Ames was stopped at 8:20 p.m. May 1 on Ellicott Avenue by Deputy Austin Heberlein. He was accused of having unnecessary smoke/vapors coming from his vehicle. Ames was allegedly found in possession of a green leafy substance that he identified as marijuana.

Kevin Wayne Napier, 34, of Kendall, is charged with bail jumping, 3rd, and aggravated unlicensed operation, 3rd. 

Richardo Sampel, 48, of Batavia, is charged with criminal contempt, 1st, and Emily D. Schramm, 32, of Alabama, is charged with criminal contempt, 2nd. Sampel and Schramm were arrested together in Alabama by State Police on an incident reported at 10:17 p.m., April 24. Both were ordered held in jail. No further details released.

Sarah J. Ehrman, 38, of Scio, is charged with criminal possession of a controlled, 7th, and unlawful possession of marijuana. Ehrman was arrested May 3 in the Town of Alexander by State Police. No further details released.

      Willie Dozier

A Rochester man is in custody on charges related to thefts from two local liquor stores in August and November in Batavia.

Willie A. Dozier, 49, of Terrace Park, Rochester, is charged with two counts of burglary, 3rd, and two counts of conspiracy, 5th.

Dozier is accused participating in the left of $500 cash and a credit card from the back office of Mr. Wine & Liquor in the Tops Plaza on Aug. 12.

He is also accused of stealing a box of cash from Plaza Spirits in Batavia on Nov. 16.

In both cases, Dozier appeared to be working with a partner -- hence the conspiracy charges -- but no other arrest was announced yet in the case. Police say the investigation is ongoing.

Dozier was also arrested in Monroe County on charges related to similar crimes there.

He was jailed without bail.

A fire is reported at 6875 Ellicott Street Road, Pavilion.

The fire reportedly started with an ATV in a shop. A house is 20 feet from the shop.

Ellicott Street Road is being closed.

Pavilion fire, Stafford fire, Bethany fire, Le Roy fire, and Alexander's Fast Team dispatched.

UPDATE 10:20 p.m.: The fire started with a four-wheeler in the shop and the first unit on scene reported a fully involved structure fire, according to Pavilion Chief Dewey Murrock. "It was pretty intense heat," Murrock said. "The first truck in, we watered down the house and then watering down the garage." (The siding of the house sustained heat damage.)

In addition to the ATV, two tractors and another piece of farm equipment were lost.  

UPDATE 10:35 p.m.: Route 63 is being reopened.

UPDATE: Photos submitted by Judy Johnson

Press release:

The New York State Department of Health announced today that an international traveler from Europe who has been confirmed to have measles visited multiple venues in New York State potentially exposing others to measles on April 30^th, May 1^st and May 2^nd.

Anyone who visited the following locations may have been exposed:

• Old Country Buffet, 821 County Road 64, Elmira, on April 30^th between 1 and 4 p.m.;
• Ontario Travel Plaza on NYS Thruway (I-90) in Le Roy, on April 30^th between 4 and 6:30 p.m.;
• Sheraton Niagara Falls, 300 3^rd St., Niagara Falls, from 5:30 p.m. on April 30^th to 9:30 a.m. on May 2^nd;
• Niagara Falls Urgent Care, 3117 Military Road, Suite 2, Niagara Falls, on May 1^st between 3 and 6 p.m.;
• Exit 5 on Interstate 390 in Dansville, on May 2^nd between 9:30 a.m. and noon.

These times reflect the period that the infected individual was in these areas and a two-hour period after the individual left the area, as the virus remains alive in the air and on surfaces for up to two hours.

Individuals are considered protected or immune to measles if they were born before 1957, have received two doses of measles, mumps, rubella (MMR) vaccine, have had measles disease, or have a lab test confirming immunity. Individuals who are not immune to measles and were exposed are at risk for developing measles. The risk of developing measles is low for people who have been vaccinated or are immune.

All individuals who were exposed, especially those without immunity or who are not sure if they have been vaccinated, should monitor for symptoms of measles. Symptoms include a fever, rash, cough, conjunctivitis or runny nose.

Symptoms usually appear 10-12 days after exposure but may appear as early as 7 days and as late as 21 days after exposure. Individuals should contact their health care provider if they develop measles symptoms.

To prevent the spread of illness, the Department is advising individuals who may have been exposed and who have symptoms consistent with measles to contact their health care provider, a local clinic, or a local emergency department before going for care. This will help to prevent others at these facilities from being exposed to the illness.

Measles is a highly contagious respiratory disease caused by a virus that is spread by direct contact with nasal or throat secretions of infected people. People first develop a fever, then may have a cough, runny nose and watery eyes, followed by appearance of the rash. People are considered infectious from four days before to four days after the appearance of the rash.

The single best way to prevent measles is to be vaccinated. Individuals should receive two doses of MMR vaccine to be fully protected. If a person is unsure if they are immune they should contact their healthcare provider.

Typically, the first dose of MMR vaccine should be given at 12-15 months of age and the second dose should be given at 4 to 6 years of age (age of school entry), although individuals may also be vaccinated later in life. In New York State, measles immunization is required of children enrolled in schools, daycare, and prekindergarten. Since August 1990, college students have also been required to demonstrate immunity against measles.

Health care providers should report all suspected cases of measles to their local health department. More information about measles can be found at https://www.health.ny.gov/publications/2170.pdf

A reduction in state aid for the Alexander Central School District is contributing to the district's need to raise property taxes by 38 cents per thousand of assessed value for 2018-19 even though overall spending will be reduced from this academic year.

Voters in the district will be asked to approve the proposed budget May 15.

The district is asking to spend $17,704,810 next fiscal year, a reduction in operational spending of $293,367.

State financial aid, which makes up more than half the district's budget, is being reduced by $193,685. Building aid is being reduced as well by $565,851.

The proposed tax levy, the total amount collected through property taxes, is $6,159,675, compared to $6,050,850 this year, an increase of $108,825.

That levy would put the property tax rate at $21.51, or 38 cents more than this year, per thousand of accessed value.

Catherine Huber, Ed.D., superintendent of schools, said the budget is responsible and meets the needs of students.

"We always, of course, focus on developing fiscally responsible budgets," Huber said. "To talk a little bit about a fiscally responsible budget and the things we were able to do with our last budget. With that budget, we were able to maintain staff and programs.

"With that budget we were able to build capacity in our school district by bringing on a school social worker, by bringing on an ESL teacher to build the capacity for when students come to us with varied needs their needs can be met."

With the proposed budget, the district will also be able to build capacity.

"If anybody was at our last board meeting, you heard about the expansion of our agriculture program," Huber said. "It's an exciting expansion for Alexander. We also are proposing the addition of an instrumental music teacher. Did you know that we have 300 students in grades four through 12 -- out of 800 students in the school system -- (who) participate in music?

"We just had a sampling tonight of what the quality of our programming is, so to expand that program is something we can sustain over time and something we're really proud of."

A key proposal in the budget is the addition of a school resource officer. An SRO is a member of law enforcement -- in this case, a deputy from the Sheriff's Office -- who is posted at a school full time throughout the school year.

Sheriff William Sheron attended Wednesday's public hearing and encouraged voters to approve the proposal.

He said in this day and age, an SRO isn't a "nice to have." It is a "must have."

"The officer protects the individuals here, the students, the faculty, the visitors that come in here," Sheron said. "He will interact with all the children. He will also be a mentor with the children in the school."

The SRO program has worked out very well at BOCES and Byron-Bergen Central School, Sheron said.

"The SRO is a resource for children go to when they don’t feel comfortable going to a teacher or an aide," Sheron said. "You create those relationships and those children will come to you. They’ll have faith in you. They’ll have confidence in you and they’ll share things with that officer that they wouldn’t share with anybody else."

Some budget highlights:

• Regular classroom spending increases from $4,829,106 to $4,977,365;
• Special education and vocational education spending is up from $2,868,973 to 2,920,888;
• Athletics increases from $436,585 to $532,316;
• Transportation increases from $776,134 to $818,087;
• Maintenance for building and grounds decreases from $321,575 to $278,058;
• Central administration spending will increase from $167,612 to $190,048;
• School administration will increase from $585,069 to $609,329.

Tim Batzel, the district's finance director, said at Wednesday's hearing that in June the district will make its final payment on a $17.9 million bond that was financed in 1998 primarily for addition of the Middle School. As a result, next year's budget reflects a 66-percent ($530,000) drop in bond payments and a 21-percent drop in interest payments ($23,303).

Lighting upgrades continue to reduce the cost of utilities, Batzel said, and for the second year in a row, the district is benefiting from a 9- to 10-percent reduction in workers' compensation insurance.

After the hearing, during what the board calls "the roundtable," Board Member John Slenker made a statement with an apparent reference to recent school board meetings where multiple parents used public comments to voice complaints and concerns about child safety issues and whether the Code of Conduct is fairly applied. The story was reported by The Batavian.

"I would just like to remind parents that the school board is a very important function," Slenker said. "It is also voluntary. We’re not paid. The people who sit up here take the safety and education of your children very seriously. We have 15 current, future and former children among us. The other part I would like to say, it’s been an absolute honor serving with Reed Pettys and working with Catie. They are some of the best people I have ever met."

Pettys, currently board president, is stepping down following the completion of his term in June.

• Besides the budget, there are four other ballot measures for voters to consider May 15:
• Proposition #2: Authorize the purchase of two school buses at a cost of $305,470.
• Proposition #3: Purchase a new marquee sign for the front of the school at a cost of $29,595.
• Proposition #4 and Proposition #5: Establish capital reserve funds.

There is also one open seat on the school board up for election and only one declared candidate. The candidate is Sara Fernaays. The Batavian attempted to interview Fernaays after Wednesday's meeting. We wanted to ask her thoughts on the budget, the SRO, and other issues and Fernaays declined. She said she feared granting an interview would cause trouble with the school district.

The school district has a policy that prohibits school board members from speaking individually with reporters.

The workload for the County's IT department continues to increase and the need for reliable cybersecurity continues to grow, so Information Technology Director Steve Zimmer told county legislators on Wednesday that he needs more help.

He needs a deputy director immediately and another security analyst to work in the Sheriff's Office in 2019.

It appears he's getting both of his wishes. The committee approved a recommendation that a current vacant position be upgraded to deputy director at an additional cost of $20,000 for the remainder of the year (anticipated salary for the position is more than $70,000 annually).  

Committee members also encouraged Zimmer to start his search to hire a new security specialist in July so the new hire can start on the first day of the next budget yet, Jan. 1.

Zimmer pointed to major cyber attacks and ransomware infiltrations in Atlanta, Baltimore, Lincoln County, Ohio, and at ECMC, which cost the hospital $10 million in remediation.

“We’re spending a considerable amount of time looking at our logs, looking at our firewalls, our anti-virus appliances, trying to make sure we’re doing our due-diligence," Zimmer said. "I’m losing time every day to this stuff."

He said public safety needs at least two full-time people and right now he has one full-time person there and one person who has been taken away from other duties to help.

That means, he says, other IT tasks are being delayed.

Another major headache, Zimmer said, is the situation over at the Department of Social Services, which has long been part of the state DSS network but now the state is pushing much of the infrastructure off on the county.

There are three IT employees there who are not part of Zimmer's department holding together an outdated computer network.

"It is one of two DSS agencies in the state that doesn’t digitize anything," he said. "It’s all paper."

The state delivered 100 "zero-client" computers (meaning all software is on a server, not on the desktop) to DSS but they can't be deloyed because the network won't support them unless it's upgraded to 100 megabits. Currently, it's five megabits.

"(The upgrade is ) never going to happen, so this stuff is going to sit on a pallet shrink wrapped until the cows come home or we get together with state IT and figure out how to upgrade that network or we can get them on our network," Zimmer said. 

Problems like these, he said, he doesn't have time to deal with because of so much time of his time is spent monitoring security threats.

Rather than borrow $4 million with a 20-year payback to finance several energy-saving projects at county buildings, which was meeting some stiff opposition from some members of the County Legislature, a new plan for the county to loan itself the money for the contract with Johnson Controls went over well Wednesday at the Ways and Means Committee meeting.

County Highway Superintendent Tim Hens presented the proposal yesterday and was told to return at the next Ways and Means meeting with a resolution the committee can vote on.

The plan would: use $1.1 million that the county needs to spend anyway on some need capital improvement projects; use $1 million from the building equipment reserve; and borrow $1.8 million from the infrastructure fund.

The county would pay its money saved from the lower energy costs to pay back its infrastructure fund at 2-percent interest. Over the 10-life of the loan, the county would pay itself more than $200,000 in interest that would flow back into the infrastructure fund.

That's a lower interest rate than proposed for the original $4 million loan, which is 3.5 percent, and lower than the 5-percent interest County Treasurer Scott German estimated a municipal bound would cost.

Over the 20-year life of the contract with Johnson Controls, by paying off the entire cost of the contract in the first 10 years, the county will realize the benefit of an additional $800,000 in energy savings in that second 10 years. That money would have been paid toward the loan if the whole $4 million was financed by Bank of America.

Hens also discussed another proposal floated by some members of the legislature two weeks ago, that the county put down $1 million on the loan. That would also save the county money, but not as much as the self-financing option.

"I think it is a good deal for the county under all three scenarios," Hens said. "The self-funding option is by far the most beneficial to the county in terms of savings to the county and return on the investment."

Most of the opposition to the original proposal came from legislators Gary Maha and Andrew Young. Young could not attend Wednesday's meeting and Maha didn't express any objections -- nor strong support -- for the revised plan.

Marianne Clattenburg, Shelly Stein, Bob Bausch and Gordon Dibble all seemed to react favorably. Greg Torrey didn't express an opinion either way.

Legislator John Hilchey was particularly enthusiastic.

"There are very few times that a government can spend money and have it pay for itself," Hilchey said. "You can put a new road in; you can put a new bridge in; you can build a new jail. They don’t pay for themselves. This is an opportunity to make an expenditure that will pay itself back. To me it makes sense."

Bodie Hyde, 12, playing for the Athletics in the Oakfield-Alabama Little League pitched a perfect game tonight. Not only did no batters reach base, Bodi struck out all 18 batters he faced.

The A's beat the Yankees 3-0.

Photo by Melissa Cianfrini.

This year, for the first time, Le Roy High School has fielded a team to compete in trap shooting competitions but if a Downstate assemblywoman has her way, it will be their last.

Assembly Bill 10428 is aimed directly at high school shooting competitions and courses that teach gun safety where students handle weapons. It would prohibit high schools from participating in all such activities.

"This (trap shooting) is what I do so it turned my gut when I heard about it," said Jacob Armitage, a senior at Le Roy, who along with Zachary Boneberg, helped get the team started. "I didn’t like it but some people’s views are different than mine."

The Le Roy team has 10 volunteer coaches, all experienced shooters from Le Roy, and they both practice and compete at Oakta Fish and Game Club on Circular Hill Road in Le Roy. The team is sanctioned by the New York State High School Clay Target League.

Before yesterday's competition, Bill Fox, one of the coaches and local president of SCOPE, told the team members they need to write letters expressing how they feel about the proposed bill so he can distribute them to members of the assembly.

"This is your future," Fox said. "It’s not mine or the other coaches. It’s yours. If you let this happen to you, and it’s been happening over the years, going back 50 years ago or before, they’re just going to keep taking. We can’t allow this to happen."

The bill was introduced by Assemblywoman Linda B. Rosenthal, who represents a district in New York City. The bill would also ban high school archery.

Fox said the kids and their parents need to speak up because Downstate politicians don't care about the interests of rural New Yorkers.

"That’s what they’re ripping apart right now, the Constitution, our Bill of Rights," Fox said. "They think we should live the way they do down in New York City. They just don’t think that anybody should be allowed to carry a firearm at all."

Armitage and Boneberg first proposed the school join the Clay Target League last year and the board was ready to approve it but the team couldn't find a faculty-member coach in time for the season. This year, they had more time to get things together and start the team.

They said they did it because hunting, target shooting, it's who they are.

"It brings us all together," Armitage said. "I don’t play sports, personally. This is what I do. I shoot. I’ve been shooting as long as I can remember. It’s my get-a-way, is the best way to put it."

Boneberg can't compete this year because it conflicts with his commitment to the National Guard but he said he's pleased to come out to the range and see so many kids participating in a team sport they clearly enjoy.

"I thought this was a great thing for the kids," Boneberg said.

The team competes in a conference with six other teams: Alexander, Gouverneur, Marcus Whitman, Midlakes, Taconic Hills, and Webster Schroeder. During the regular season, teams shoot at their home range and scores are tallied by a computer to determine winners. The top teams will be invited to compete in a statewide competition in June.

Other Genesee County teams are Elba and Byron-Bergen, according to the league website.

Thomas Mellon said people who are against high school students participating in firearm sports really don't understand guns or the people who are attracted to the sport and what it can do for them personally and socially.

"It’s just like anything else," Mellon said. "Forget the guns. Forget anything like that. It’s a club. It’s a team, and it brings people together. There are people here, they have nothing else to do. This is what they do. This means a whole lot to them and to us. It’s almost like a family.

"It’s important to us," he added "We feel it promotes character, team building, leadership, and it also teaches us how to properly and safely use guns so there never is an accident.

Mellon has been shooting since he was nine and his father is one of the team's coaches. He emphasized the range is a safe place for everybody there.

"Everyone is starting to believe guns are the problem," Mellon said. "As we're proving here, as you can see, everyone is safe, our muzzles are all down range; we have not had a single safety incident because if you teach someone how to safely and properly use a firearm they are not a danger. Everyone thinks we just need to take them away, but really, you need to teach, everybody needs to know, it’s not a bad thing. It’s not spooky scary."

NOTE: The link to the bill above is actually to the Senate page on the legislation, which allows for public comment.

At yesterday's competition, Genesee County SCOPE presented a check for $662 to the students from Le Roy High School who organized a "Hometown Heroes" project.

The students raised money to buy banners to hang in the Village of Le Roy with pictures and names of Le Roy residents or high school graduates (regardless of hometown) who are serving active duty in the military.

The students researched the project, including determining material and costs and presented the idea to the Village of Le Roy Board, which approved hanging the banners once they're ready.

In the photo are members of the students who participate and SCOPE members. Holding the banner are Courtney and Quinn Kacur. On the banner is a picture of their brother, Reed Kacur.