Water Board issue not easy
Michael Asklar’s name remains listed as a member of the Niagara Falls Water Board even after being sworn in last week by Mayor Robert Restaino and City Democratic Party Chairperson Colin Ligamarri.
Dean was chosen to replace Water Board Vice Representative Michael Asklar who is listed as treasurer, finance and audit committee chair.
Going back a few weeks, when Town of Niagara resident Richard Sirriani was chosen by Gov. Kathy Hochul to replace Gretchen Leffler the water board website was quickly updated to reflect the change.
As of Monday, the change by the council was not reflected on the Water Board Web site.
Asklar is represented by a Buffalo law firm that argues he was A) Defamed by the council and B) His removal, even from a voluntary position, is a violation of public officers law.
His attorneys, Kaufmann, Borgeest and Ryan of Buffalo, are funded by an insurance policy with premiums paid for by the Water Board in its budget but it is Asklar, defending his turf, not the water board.
The public officers law prohibits the removal of an appointed board member without cause. The council claims cause. KBR, in representing Asklar, denies it.
Dean moved from the Town of Tonawanda to LaSalle within the last 5 years and is an engineering technician with the Army Corps of Engineers. He was a committeeperson in Tonawanda and volunteered in the Falls but aside from a strange fascination with passing election petitions, collecting signatures and making sure others petitions are legit, he seems to have no skin in the game.
Community rumors are Union Leader Jim Briggs is connected with Council Chairman Jim Perry through a longtime friendship but Dean did not meet Briggs until a social gathering in February or March when Perry introduced them.
Perry has issues with Water Board Chairman Nick Forster. Perry used to work there in the human resources department and would sometimes come to work to find new employees had been added without qualification or interview by Forster, who is an appointee of Niagara Falls Mayor Robert Restaino. Forster is also former Niagara County Democratic Party chairperson.
Meanwhile, the decision to remove Asklar was made in a July 10 meeting reported as illegal in the Niagara Gazette because it was attended by a majority of the city council as well as Deputy Corporation Counsel Thomas DeBoy and Water Board Counsel Sean Costello with no public notice and violated open meeting law.
The council counters that it has the right to convene behind closed doors to discuss legal counsel with DeBoy and does not need to convene a public meeting and then enter executive session.
Either way, in matters of open meetings, public information and sunshine laws, Niagara Falls is opaque, not transparent. The current administration, as a habit, releases information on a need-to-know basis and it is likely you don’t need to know. Neither does the Niagara Gazette or the Niagara Express.
That’s why things like the legal billings of Hodgson Russ over eminent domain for centennial park, now estimated in excess of $1.1 million but no one really knows.
As the court saga plays out on the water board, the Express will keep you posted.