City council votes to remove Water Board representative

The Niagara Falls City Council voted Wednesday to remove its appointee to the Niagara Falls Water Board, Michael Asklar.

Asklar, an engineer with a background in finance, was appointed by the previous council with the support of 3 current members, Donta Myles, Traci Bax and David Zajac who now voted to remove him with 16 months left to serve.

Asklar received a letter earlier this month from Council Chairperson James Perry detailing council grievances against him, including allegations he has never reported back to the council and that civil service is not being used appropriately and that unqualified people have been hired repeatedly because of who they are related to or how they are politically connected.

The letter also questioned the wisdom of spending on technology and cosmetic improvements at a time when the water board has been in a continual crisis because of increasing costs for chemicals as well as benefits. Water rates have increased 24% in recent years.

The Water Board used an insurance claim to pay for a law firm, Kaufman, Borgeest and Ryan to respond to Perry’s accusations, countering every point made and threatening an “Article 78” proceeding. Article 78 is a section of law that protects public appointees from being removed without cause.

Water Board representatives allege the real agenda is to load the board with union-friendly representatives to make contract negotiations, which are underway, easier for the union and more taxing for ratepayers.

The Steelworkers already torpedoed one proposed health insurance change which would have saved ratepayers more than $140,000 monthly while having no discernible impact on coverage.

The predominant legal mind in the current Niagara Falls administration is Deputy Corporation Counsel Thomas DeBoy. There is no word on whether he will be defending the legal action or the defense will fall to outside counsel like Hodgson Russ but early estimate are legal fees will cost $50,000 to $100,000 of taxpayer dollars. Hodgson Russ has represented the city in the eminent domain suit over the prosed Centennial Park site. Legal fees in that case are a closely held secret, freedom of information act be damned but are estimated at $1.1 million.

DeBoy reportedly advised the council against removing Asklar because, whether his is removed with grounds, or not, it is highly likely attorneys retained by the Water Board will tie the matter up for a long enough with Article 78 to make the removal moot.

The Niagara Gazette reports this morning that James Dean is the new appointee of the council. Dean is a Democratic committee person and was the individual who challenged the election petitions of Demetreus Nix and Glen Choolokian in the race for mayor last year.