Since it was revealed that Cheektowaga Councilmember Charles Markel forfeited his office by being convicted of a crime, there have been a series of fact distorting and spinning articles and letters published by the Buffalo News.    See:

http://www.buffalonews.com/city-region/cheektowaga/cheektowaga-councilman-pleads-guilty-in-fraud-20140414
http://www.buffalonews.com/city-region/cheektowaga/future-of-cheektowaga-councilman-uncertain-after-guilty-plea-20140415
http://www.buffalonews.com/city-region/cheektowaga/councilman-markel-losing-his-seat-after-illegally-taking-unemployment-20140416
http://www.buffalonews.com/opinion/letters-to-the-editor/letter-markel-served-people-of-cheektowaga-well-20140428


Markel has decided to play this out in the court of public opinion, rather than take his chance with a jury of peers.   His post conviction story is that he discovered his own error and repaid the money of his own volition.    That isn't a crime and it's extremely unlikely that it happened that way.    In forty years of practicing law, I have never seen an accidental criminal conviction.   It just doesn't work that way.    If I have a criticism of Frank Sedita it is that he isn't zealous enough in going after politicians.     Frank would never have prosecuted this case if it went down the way Markel now says.   But Frank seems reluctant to punch back.
Since it's always difficult to find the truth in the BNews, I thought I would pull the transcript of Markel's admission to committing the crime and sentencing.   Here it is in all it's naked glory.   Markel is fully informed and cops the plea of his own volition.    Read it yourself and make up your own mind.

We interview the Black Prince, Steve Pigeon, at Saturday's Progressive Democrats breakfast.

An obviously bushed Cheektowaga Democratic Chairman Frank Max shared his thoughts following a successful brunch at the Creekside Banquet Facility.....    Frank reveals his thoughts on this year's elections, the state of the Democratic Party, involving youth in Democratic Party activities, and his experiences with terrorism.

The Progressive Democrats of Western New York held their annual breakfast in Cheektowaga this morning.    WNY Politics discussed the outlook for upcoming political year with Conservative County Chairman, Ralph Lorigo.   

When Buck Quigley (Associate Editor of a fiscally shaky local weekly) and I attended the Jim Kaskie firing press conference in January, we were stunned to learn that Bobby Gioia actually thinks it's OK for someone to simultaneously be CEO of public and private entities which compete with each other.    Can you say conflict of interest boys and girls?     As soon as we made it back to our home base (Founding Fathers Pub), I dialed up the New York State Joint Commission on Public Ethics (JCOPE) and filed a complaint......

You see, as CEO of Erie County Medical Center, a public benefit corporation, Jody Lomeo needed permission to get an outside job raking leaves or bartending at Binky's Saloon on the weekends.    Only in the alternate universe of Buffalo Club World could it pass muster for Jody to be CEO of Kaleida as an extra gig.    So now Lomeo has resigned at ECMC and moved on to the fiscally and physically nonviable train wreck left by Kaskie at Kaleida Health.    Kaleida is a not-for-profit, but Kaskie took home $2.3 million in a good year, so it was extremely profitable for him.    This leaves the CEO job open at ECMC and I am clearly the leading contender to fill the post, due to the fact that everyone likes a sweet little old white haired man.    The only sticking point is that the $700,000 annual salary will need to be elevated to attract world class talent like me. 

Yesterday, Quigley took a much deserved victory lap, and I'm having one too.    But I'm also rubbing it in.   Yesterday, I filed a number of documents with the Erie County Legislature pointing out that the status of ECMC/Kaleida "collaboration" is murky at best and possibly illegal.    Although this has been ignored by local media, the grand deal struck by Judge Curran back in 2008 to merge ECMC and Kaleida into Great Lakes Health has been completely disregarded.    The two entities continue as separate organizations, with Great Lakes as some sort of bizarre and nebulous pulpit for Gioia to pontificate from.    This violates the Berger Commission mandate which is now New York State law:

" Recommended Action

It is recommended that the facilities controlled by the Erie County Medical Center Corporation and Kaleida Health be joined under a single unified governance structure under the control of an entity other than Erie County Medical Center Corporation, Kaleida Health, or any other public benefit corporation.  It is further recommended that this entity consist of a reconstituted single board including representation of Kaleida Health, the Erie County Medical Center Corporation, the University at Buffalo School of Medicine and Biomedical Sciences, and community leaders."   (emphasis added)

Why should anyone care about this arcane nonsense?    Well, under a Judge Joe Makowski court decision, the taxpayers of Erie County are liable for the operating losses of ECMC until the end of time and three days more.   As an official Erie County taxpayer, I might sleep better if I knew what all this means to my pocketbook.

The gloves came off today in the Democratic Primary Race for Congressional District 26.    Emin Eddie Egriu held a press conference at noon outside Buffalo FBI headquarters, calling for a federal investigation of Higgins and his staff:

Does anybody have US Attorney Bill Holchol's email?...........   But wait.........

Oops........Looks like Bill's wife, Kathy, was one of the Republicans who helped Higgins dance around like a trained bear for the amusement of Tony Gioia.   Can anyone say special prosecutor, boys and girls? 

Congressman Brian Higgins brought suit today to throw Emin Eddie Egriu off the ballot in the Democratic Primary on June 24 in Congressional District 26.   Oh sure, Higgins name isn't on the lawsuit, but his name is still all over it.    The Petitioner is Erich S. Weyant, Executive Director of the Erie County Democratic Committee and employee of ECDC Chairman, Jeremy "Wonder Boy" Zellner.    Higgins is one of Zellner's stalwart supporters, especially financially.    Weyant's attorney is Jerry Schad, formerly counsel to the now extinct Democratic majority caucus in the County Legislature where he served as Betty Jean Grant's personal election law attorney.    Schad is now an Erie County Water Authority Commissioner.    You may recall that Mr. Schad was selected as the poorest choice for the job.   

The suit is brim full of insane allegations of petition fraud.    Most are frivolous, unhinged and tending towards the absurd.    Typically they involve incidents where someone put down an incorrect address.    In response to this mistake, a Higgins public employee staffer was dispatched to the bad address, snapped a grainy picture and asserted the claim that signatures were being obtained from non-existent houses.    The matter has been assigned to the Hon. Joseph Glownia and it is unlikely he will give much credence to this steaming mass of crap.    However, the real purpose of this suit is to drain Egriu of funds, distract his campaign efforts and impede his fund raising efforts.   Today Egriu issued a press release: 

In the words of the late Pat Paulson, "Picky, picky, picky."    What Eddie failed to tell you was that nearly all of Higgins' bloated staff has been working around the clock to keep you from having a choice on election day.    Chuck Eaton, Theresa Kennedy, Chris Fahey, and Megan Corbett Rizzutto did prodigious amounts of work on this travesty.   So did Lyndsey Barnes and Walter Koch, but the latter two haven't been confirmed as Higgins staffers yet.    So if you wonder why Congress doesn't get anything done and long to know what "Your Tax Dollars At Work" is buying us, you now have your answers.    Remind me to FOIA Higgins office staff timesheets.    Sure hope all this junk wasn't done on government time.

 An interesting side note is the absence of the New York State Democratic Committee from this effort.   What gives there?

As CD-26 is heavily Democratic, the winner of the Primary Election will likely be elected in November.    Stay tuned to see if you are going to get a meaningful vote.

Dyngus Day revelers intend to pause today to demand proper funding for women's shelters in Buffalo......

For the past 20 years, Erie County has supported women's shelters on the Eastside of Buffalo.   Paradise House has been providing services to women who have been released from jail, prison or drug rehab programs and have no place to go.  They are given the chance to live in a family-style environment, under caring supervision, for a minimum of six months. Paradise House affords a clean, secure, friendly and supportive environment for homeless or otherwise drug-addicted women. When they have transitioned into more independent living in the apartments provided for them, and have their children with them, they and their children continue to receive support and service until they are ready to be on their own.

The programs and support services Paradise House provides are the necessary encouragement and direction for drug-addicted women to recover from their addictions and reestablish their families.  Paradise Opportunities also works with neighborhood, community, city and state representatives to ensure that women and children receive the services they need to live independent, healthy and drug-free lives.

Two other prominent programs are Canaan House and New Life Residential Center.   Together they serve about fifty women.     Read more here Erie County Cares About Women: April Fools!

Recently, the Poloncarz administration determined that these shelters were improperly funded with money targeted to aid the homeless.   Our favorite bureaucrats decided that the shelters needed to seek other income sources.   In the last two years their funding has been slashed from $670/resident/month to $170.    None of these programs is viable at the current funding level.   Erie County Social Services seems content to let them die, merely notifying them that funding would be cut and referring them to the United Way to get assistance in writing grants to somebody for their operating revenues.   These are small not-for-profit organizations skilled in providing client services.   They pay minimal wages and lack the resources to seek grants for a more sustainable future.   For example, the 2012 IRS 990 report for Paradise House indicates that their Executive Director, Rev. Anne P. Paris, is paid $22,000 per year.   This compares somewhat unfavorably with our favorite former Kaleida Health (another not-for-profit) CEO, James Kaskie who was paid $2,300,000 per year while he ran the hospital system into the red.   It's also a lot less than the average Poloncarz patronage staffer.   Reverend Paris would do better with an entry level job at Geico, where she could start at $30,000, with considerably less responsibilities than her current position.      

If the residents of these shelters land in the criminal justice system, the cost to taxpayers is about ten times the cost of their programs.   At 50 times $500 per month, they need $300,000 in bridge funding to get through the next year and assistance in obtaining more sustainable future funding.

More immediately, the gas heat at Paradise House will be shut off on Monday unless $2500 is paid towards the outstanding bill of $4500.    Neither Assemblywoman Peoples-Stokes or Senator Kennedy have indicted a willingness to help.   All eleven county legislators, led by Barbara Miller-Williams, are willing to authorize bridge funds from Erie County.   BMW took DSS to task last Wednesday.......

Cheektowaga Town Attorney Kevin Shenk, today confirmed that Charles Markel is no longer a Councilman.    Looks like WNYPolitics was right again.     The opinion of outside counsel coincides with that of Mr. Shenk, Erie County DA Frank Sedita and yours truly.   Markel vacated his post when he pled guilty and was sentenced last Friday.    Mr. Markel's access to town facilities has been terminated and town property in his possession is being retrieved.    The opinion of Erie County Elections Commissioner Ralph Mohr that the board must remove Markel is incorrect.    Markel, by his conduct removed himself from the board.    Thus ends a sorry episode in Cheektowaga history.    If Markel wishes to challenge his removal he can bring a lawsuit.   Have fun getting around Matter of Holt v Marinelli, which has been previously reported here.

County Executive Poloncarz' operatives appear to be handing out summer jobs on behalf of Mark's personal political campaign.   The following email was forwarded to your reporter yesterday.

Jennifer Hibit is a rabid Poloncarz supporter and one of his many county patronage employees.    Jerome Schad is the Town of Amherst Democratic Chairman, former counsel to the now extinct Democratic majority in the County Legislature and current Erie County Water Authority Commissioner who has been employed on your dime to represent Poloncarz in the past......

From the time stamp on the Hibit email, it seems this was done during working hours.    Is this yet another abuse of public resources to benefit Mr. Poloncarz personal political career?    What do you think?     I don't know about you, but I am well qualified to clean toilets.

The Cheektowaga Town Council had a working session last night at 6 P.M.    Charles Markel was a no show, even though he claims he is still a councilman.    All other councilmembers and the town supervisor were present.    If Markel thinks he is still a councilman, why didn't he show up to answer Western New York Politics' questions????   Why is he only giving interviews to the BNews and Channel 2?    If he has time for interviews, why not do the job he says he still has?    Instead, your intrepid reporter was treated to a record short meeting, with a motion made for executive session and our abrupt ejection from the room.    Look at those sour faces.....        

After a while the town attorney came out to explain....

Kevin Shenk was obviously having a bad day, but that didn't help much.     Following the meeting, interviews with councilmembers didn't yield a lot of information.    The only thing certain is that Markel never said anything to his fellow board members about his criminal career.   They were left to read about his conviction in the newspapers.

On Friday, Cheektowaga Councilman Charles C. "Charlie" Markel copped a plea to a misdemeanor crime involving fraudulent unemployment insurance claims.    Charlie waived a presentencing report and was sentenced immediately to a conditional discharge.    He must lead a lawful life for one year, or he faces further sentencing.    Unfortunately, the moment he was sentenced, he forfeited his seat on the Cheektowaga Town Council, because he admitted to a "willful deceit or a calculated disregard for honest dealings," thus violating his oath of office.   Markel apparently plans to fight his ejection from the Council, but his efforts are doomed.   The leading case on such matters is Matter of Holt v Marinelli and it is offered below:

In Holt, Erie County Legislator George Holt pled guilty to filing a fraudulent tax return and not paying enough taxes.    Markel filed false unemployment claims and received money he had no right to.     Holt forfeited his office, so did Markel.

As an interesting side note, County Executive Mark Poloncarz had previously employed Markel at the Rath Building as a maintenance supervisor.   Political insiders considered Charlie to be Mark's personal woodpile rat in Cheektowaga, undermining the Frank Max organization.    Markel was apparently dumped when Polo got wind of the unemployment fraud investigation.    Wonder if any of the slop from this sorry episode will splash back on the Emperor?

Green Party Gubernatorial candidate Howie Hawkins today challenged Governor Andrew Cuomo to come to Buffalo's Montana Avenue and explain his Buffalo Billion program.    Intrepid WNYPolitics reporter Jeff Bidenko caught up with  Hawkins as he toured the real world which has been created by the Governor's economic program.   Watch the video:

ATTENTION!    ATTENTION!!!!    Buffalo School Board and Congressional petitions are being filed as we speak.    Once again this year as he has done for years, Lou Turchiarelli, circulated and witnessed nominating/designating petitions.   Lou circulated for school board candidates Patricia Pierce and Larry Quinn.    He also passed Congressional paper for Eddie Egriu.    It's time for you political pundits and your drooling followers to point out that Lou is a convicted felon.    Probably best to just dust off your old story from last year.    The standard tactic is to somehow imply that Lou threatens people to coerce them to sign his sheets.   Obviously you have no evidence of this, so clever innuendo is the tactic of choice.    Check this link for some good material to freshen up your old tattered copy.    Target Of Libelous 'Mafia Enforcer' Attack Ads Works Hard, Lives Clean 

So let's get going hate merchants, beat up this poor old guy once again for exercising his constitutionally guaranteed rights.  So what if he paid his debt to society and turned his life around?   Kick him while he's down and make yourself feel like a big man!    Pour it on.    How about a nice anonymous mailed hit piece?    What about a robo call?   Mouth to mouth back stabbing is always good.

Wonder if these weasels would have gotten into the ring with Lou the boxer?

Buffalo attorney Peter Savage III handily defeated the only substantial challenger, Michele Iannello, at a meeting of Democratic committeemen last Saturday, convened to recommend a replacement to fill the vacant Erie County Third Legislative District seat.    Following interminable foot dragging and unnecessary delays by Erie County Democratic Chairman Jeremy J. Zellner, Savage polled 62% of the votes on the first ballot.    Zellner had intentionally delayed calling the meeting for months, wailing about situational "gridlock" and claiming that it would somehow be disastrous to have a vote with no leading candidate in sight.    "Nobody controls this endorsement," he said. "There is going to have to be a consensus to put this together."   See  BNews   When he finally complied with the party rules and convened the committee members, Savage dispatched all challengers with ease.    More details on the meeting have been reported previously.

Amazingly enough, most of Savage's supporters were women, blissfully unaware of the Alan Bedenko mandate to select a female legislator.   It's likely they were led astray by the fact that only Savage and Kenmore Mayor Patrick Mang had any real grasp of the functions, scope and economics of county government.    Or perhaps they had heard vacuous phrases like "helping the community", "forgetting the divisions of the past and working together" and "Democratic values" so many times that they just wanted to run out of the room screaming.   Maybe they were just overwhelmed by Peter's rugged good looks and animal magnetism?

Erie County Democratic Chairman Jeremy "Wonder Boy" Zellner, Democratic Election Commissioner Dennis "The Fixer" Ward and Erie County Executive Mark "Emperor" Poloncarz got their butts kicked Saturday afternoon.   After more than two months of needless delay and obfuscation, attorney Peter Savage was recommended to fill the vacancy in County Legislature District 3 by the committeemen of the district.   This decision followed seemingly endless gamesmanship by the Stooges and dealt them a humiliating defeat.   When the seat became vacant in January, these schemers got together and decided that their best interests would be served by filling the vacancy with Ward's rubber stamp wife, Michele Iannello.    Even though the Democrats suffered a series of catastrophic defeats 2013, the Stooges  could thereby at least claim control of the impotent minority vote in the county legislature.    There are now five Democrats against a Republican/Conservative/Independence majority of six.   Although the Dems are largely powerless, control of the minority requires 3 votes and can be useful to prevent overrides of Poloncarz vetoes.

Unfortunately, everyone knew that Ianello lacked the support on the Democratic Committee to defeat Savage in a head up contest.   Therefore, the Stooges plotted to paint a deadlock scenario, with each appearing to back a different candidate, hoping to somehow sneak a win out of the resulting artificial confusion.    Wonder Boy backed Jennifer Diagostino, the Executive Director of the Coalition for Economic Justice, a not-for-profit 501(c)(3) corporation which is long on rhetoric and short on accomplishments.    Polo picked Amber Small, the head of the Parkside Community Association of Buffalo, another not-for-profit 501(c)(3) corporation, which is supposed to be providing services to the Buffalo Parkside neighborhood.    In the final event, Small wasn't even nominated and Diagostino had to second her own nomination just to get into the balloting.    Clearly, Small and Diagostino were merely dupes used by the Stooges in their scheme.    As tax exempt entities are supposed to refrain from political activity, one has to wonder whether the paid leaders  of such organizations should be seeking elected offices while still on the payroll.

Following a senseless beauty pageant meeting in February, Wonder Boy finally figured out how to call a meeting:

At the event, Wonder Boy suddenly produced another crudely typed contradictory agenda:

Commissioner Ward acquiesced in the popular demand that he absent himself from the meeting, thus avoiding a humiliating floor fight to eject him from the assembly.   Following a rigid script, Wonder Boy insisted on reading the  original meeting notice, despite a motion to dispense with the reading, apparently wishing to dispel rumors that he is illiterate.     The new agenda is clearly absurd on its face, but Wonder Boy rejected all attempts to dispense with unnecessary foot dragging.    There followed a bizarre spectacle, with candidates who weren't even nominated needlessly addressing the bored multitude, followed by unessential nominating speeches.   After almost three months of letters, emails, and phone calls, we all knew the candidates and which one we were supporting.    At least my repeated attempts to streamline the proceeding clearly rattled Wonder Boy and he forgot to call for the multiple seconding speeches.    It was obvious that Zellner lacks the basic level of intelligence necessary to run an efficient meeting.

After an eternity of mincing and dithering, the motion for a secret ballot passed almost unanimously, much to Wonder Boy's surprise.   Actually the motion was for a paper ballot.   State law requires that committee members vote on a weighted basis determined by voting patterns in their respective election districts, thus rendering ballot secrecy nearly impossible.   For instance, my weighted vote is 227.    I cast my ballot for Savage, and anyone who witnessed the results knows exactly how I voted.

Once the motion for a paper ballot carried overwhelmingly, it appeared that Savage supporters would carry the day, as Zellner clearly didn't have the bodies to control the meeting.   In the final result, Savage got 62% of the first ballot vote and walked away a clear winner.    The meeting took 1.5 hours and would have been over in 30 minutes if Wonder Boy had stayed home.    Since the vote of the committeemen is merely a recommendation to the County Legislature Democrats who fill the vacancy under the Erie County Charter, it remains to be seen whether they will appoint Mr. Savage to serve until a new election is held in November.   Stay tuned for more entertaining Democratic Party hijinks.