The agenda for the meeting on Monday, May 8 has “Resolution #1-2023” under old business.

Several dozen people attended the April 10 town board meeting to speak out against the Justice position being eliminated. Letters of support were also entered into the record by the Ellicott Town Police union and District Attorney Jason Schmidt.

The town Justice position affected is the one held by long-time Judge Marilyn Gerace, who has circulated petitions to appear on the November General Election ballot. Sally Jaroszynski is the other Town Justice.

Gerace said in her comments to the board in April that she and Judge Jaroszynski were blindsided by the decision, only learning about the position elimination the day after the vote when they both received a letter from Town Supervisor Janet Bowman.

She criticized the board for the making the decision without providing the public adequate opportunity to comment.

The Jamestown Post-Journal reports that it is expected that Town Supervisor Janet Bowman will make a motion to rescind the resolution Monday night.

Should the Town Board not approve that motion, a permissive referendum on the resolution will be held in June.

A petition effort, led by Ellicott Judge Marilyn Gerace, garnered 325 signatures to force a permissive referendum after the Ellicott Town Board voted unanimously on March 13 to eliminate a Town Justice position.

According to New York State Law Article 7, sections 90-94, the petition signature total needed to be at least 5% of the total votes cast in the last gubernatorial election, which took place in November 2022.

Gerace said she estimated that around 3,500 voted in Ellicott in that election which meant she needed between 100 and 175 signatures. According to the Chautauqua County Board of Elections posted results for 2022, 3,385 residents in Ellicott had voted in November. Either way, the 325 signatures exceeded the threshold required.

Gerace submitted the petitions to the Ellicott Town Clerk on April 5, which started the clock on when the special election would be held. If the town board takes no action, the special election must, by law, be held 60 to 75 days after the petitions were submitted. This places that election between June 5 and June 20.

Gerace did request at Monday’s town board meeting that the board not wait until their May 8 monthly meeting and instead hold a special meeting this month to decide whether to rescind the resolution.

The Ellicott Town Board sent a letter to the media Wednesday responding to comments made at the meeting and stories in recent days.

In it, the board apologized to Judge Marilyn Gerace and Judge Sally Jaroszynski for not giving notice about the resolution prior to it being voted on. The letter said, “The Board holds no animus towards either Judge Gerace or Judge Jaroszynski. The Board recognizes their dedication to the Court and the residents of the Town of Ellicott.”

The letter goes onto say the Town Board has been reviewing all town operations in an “effort to determine and ensure the services provided are being delivered in an efficient and cost-effective manner.” It also said communication between the town board and court has not always been open or effective.

The salary for the Town Justice position that was eliminated is $14,200. The 2023 budget for the town of Ellicott is $2.76 million.

The board did take issue with the accusation that they were in violation of open meetings law, citing that they voted on the resolution to eliminate the Justice position under new business and that it was done in open session.

The Town Board indicated they agree that another meeting needs to be held to discuss the issue of the elimination of a Town Justice position. The letter said while a meeting would be posted in the newspaper and on the town’s website, they also encouraged people who are unable to attend or not comfortable speaking out at a public meeting to forward correspondence to the Town Clerk.

The town’s website can be found at townofellicott.com

According to the minutes posted on the Town of Ellicott website, the board unanimously voted at the March 13 meeting to abolish an elected town justice position effective December 31, 2023. The resolution was not on the agenda and the vote took place at the end of the meeting following a 34 minute executive session on “litigation/personnel” issues.

The town then published a legal notice in the Jamestown Post-Journal on March 14, 2023 that said the “Town Board has determined that it would be in the best interest of the Town of Ellicott to reduce the number of Town Justices to one.”

The town Justice position affected is the one held by long-time Judge Marilyn Gerace, who has circulated petitions to appear on the November General Election ballot. Sally Jaroszynski is the other Town Justice.

According to the Jamestown Post-Journal, Gerace was joined by a couple dozen supporters at the town board meeting Monday night with letters of support being entered into the record by the Ellicott Town Police union and District Attorney Jason Schmidt.

Gerace said in her comments that she and Judge Jaroszynski were blindsided by the decision, only learning about the position elimination the day after the vote when they both received a letter from Town Supervisor Janet Bowman.

She criticized the board for the making the decision without providing the public adequate opportunity to comment.

She added in her statement that a petition has garnered over 300 signatures, which could force the town to put the resolution to a public referendum in a special election if the Town Board doesn’t act to rescind it.

District Attorney Schmidt also called on the town board to rescind the resolution, stating in a letter that Ellicott Town Court is one of the busiest courts in Chautauqua County.

He said that the elimination of the one of two Justice positions “could jeopardize the integrity of our criminal prosecutions by leading to longer delays in the adjudication of individual cases, increasing wait times for all involved, including not just criminal defendants but witnesses and counsel as well, and increasing the Court’s backlog which we have all worked so hard to reduce following the reopening. Without question, these factors could potentially lead to the dismissal of cases on statutory and Constitutional speedy trial grounds through no fault of the police or prosecutors; this, in turn, could undermine public confidence in the legal system and diminish access to justice for our citizens.”

A call and email by WRFA to Supervisor Bowman requesting comment on the matter have not been returned.

Patrick Swanson is sworn in as Chautauqua County District Attorney during a ceremony on Jan. 1, 2017 in Mayville. (Image courtesy of Norman Green, Chautauqua County Democratic Party Chair)

MAYVILLE – Patrick Swanson (D-Fredonia) is now officially the district attorney for Chautauqua County. Swanson, who won a special election in November against Jason Schmidt (R-Fredonia), was sworn in as Chautauqua County DA on Sunday, Jan. 1 at the Mayville Courthouse by former DA and current County Court Judge David Foley. Swanson will finish the remainder of the DA’s term, which concludes at the end of this year.

Also sworn in on Sunday was Michael Sullivan (R-Fredonia), who will serve as Family Court Judge of Chautauqua County, finishing the term of retired judge Judith Claire. Swanson defeated Sally Jaroszynski (D-Falconer) in a special election in November.

FEDERAL OFFICES

PRESIDENT/VICE PRESIDENT OF THE UNITED STATES

• WINNER – Donald Trump/Michael Pence (R, C)
• Hillary Clinton/Tim Kaine (D, WF, WE)
• Gary Johnson/Bill Weld (I, L)
• Jill Stein/Ajumu Baraka (G)

UNITED STATES SENATE – NEW YORK STATE

• WINNER – *Charles Schumer (Brooklyn – D, WF, I, WE)
• Wendy Long (New York – R, C, Ref)
• Alex Merced (Brooklyn – L)
• Robin Laverne Wilson (Brooklyn – G)

HOUSE OF REPRESENTATIVES – NY 23rd CONGRESSIONAL DISTRICT

• WINNER – *Thomas W. Reed II (Corning – R, C, I, Ref)
• John F. Plumb (Lakewood – D, WF)

STATE OFFICES

SUPREME COURT JUSTICE – 8th DISTRICT (CHOOSE TWO)

• WINNER – Daniel J. Furlong (East Aurora – R, C)
• WINNER – Mary L. Slisz (Buffalo – R, C)
• Grace M. Hanlon (Fredonia – D, WF, I)
• Lynn Wessel Keane (Orchard Park – D, I)
• Kenneth D. Schaeffer (New York – WF)

NEW YORK STATE SENATE – 57th SENATE DISTRICT

• WINNER – *Cathy Young (Olean – R, C, I, Ref)
• Lee Hyson (Frewsburg – D, WF, WE)

NEW YORK SATE ASSEMBLY – 150th DISTRICT

• WINNER – *Andrew Goodell (Falconer – R, C, I)
• Jason Perdue (Jamestown – D, WF, Ref)

LOCAL OFFICES

CHAUTAUQUA COUNTY DISTRICT ATTORNEY (Special Election)

• WINNER – **Patrick Swanson (Fredonia – D, WF, I, WE)
• Jason L. Schmidt (Fredonia – R, C, Ref)

CHAUTAUQUA COUNTY FAMILY COURT JUDGE (Special Election)

• WINNER – Michael J. Sullivan (Fedonia – R, C, G, I)
• Sally Jaroszynski (Falconer – D, WF, WE, Ref)

Countywide Public Referendum

• VOTED DOWN – Chautauqua County Proposition Number 1: A Local Law Amending the Chautauqua County Charter,”Which Changes the Term Of Office Of Elected County Legislators From Two (2) Years To Four (4) Years?”

KEY: D – Democrat; R – Republican; I – Independence; L – Libertarian; C – Conservative; G – Green; WF – Working Families; WE – Women’s Equality; Ref – Reform.

*Notes Incumbent
**Office Holder via Appointment

• WRFA ELECTION 2016 STORIES
• LOWV MEET THE CANDIDATES: NY 23rd CONGRESSIONAL DISTRICT
• LOWV MEET THE CANDIDATES: NY 150th ASSEMBLY DISTRICT
• LOWV MEET THE CANDIDATES: CHAUTAUQUA COUNTY DISTRICT ATTORNEY
• LOWV MEET THE CANDIDATES: FAMILY COURT JUDGE

Donald Trump following the news that he had won the 2016 Election and will become the 45th President of the United States (Damon Winter/The New York Times)

The 2016 Election is in the books and it’s turned out to be a major victory for Republicans across the country as well as in the Southern Tier.

In the race for U.S. president, upstart Donald Trump pulled off one of the biggest surprises in election history by defeating former U.S. Senator and Secretary of State Hillary Clinton.

Trump won enough support in key battleground states to tilt the total number of electoral votes his way, and by early Wednesday morning he had secured more than 270 votes – which is the minimum amount needed to win the presidency.  While Trump garnered more electoral votes, both candidates had about an equal share of popular votes with each approaching 60,000,000. The total number of votes cast won’t be known for a couple more weeks, after an official canvas of the votes as taken place and all electoral votes are counted.

REED WINS REELECTION TO FOURTH TERM

Rep. Tom Reed (R-Corning)

Chautauqua County’s representative in Congress, Rep. Tom Reed (R-Corning, NY 23), was able to secure a fourth term in office after defeating Democratic Challenger, Naval Captain John Plumb (D-Lakewood).  Reed picked up just under 150,000 votes in the district, which spans the Southern Tier of New York from Chautauqua County east to Tioga County. Plumb picked up just over 108,000. The margin of victory for Reed was 58 percent to 42 percent.

“We are humbled by the outpouring of support from volunteers and voters,” Reed said following the win. “I care deeply about this place we call home. I am proud to have earned your trust. I am excited to continuing working for our families.”

“We will put our record up against anyone’s because we have always fought to make sure New York got its fair share,” continued Reed. “Thank you for standing with us.”

• LISTEN TO REED ELECTION NIGHT PRESS CONFERENCE CALL

In his concession speech, Plumb also thanked those who supported his campaign.

John Plumb

“This has been a long uphill battle, and I’m very proud to say that I’ve woken up every day of this campaign to fight on our behalf. Unfortunately, the votes have been counted and today did not go in our favor,” Plumb said during his concession speech in Jamestown.

“I’m proud to say that we ran the race I wanted to run. The race we all want our politicians to run. We ran our race with integrity and honor, and with a focus on the communities we seek to serve. Those are the values I ran our campaign with, the values that run deep in the Southern Tier, Western New York, and the Finger Lakes. Those are the principles we should always strive for no matter what challenges we face. Thank you all for supporting me throughout this journey,” Plumb added.

In Chautauqua County Reed picked up an unofficial total of 27,400 votes to Plumb’s 19,900 (also 58 percent to 42 percent), with between 3200 and 4000 absentee ballots left to be counted.

Reed was just one of 238 Republican who were elected or won reelection to the House on Tuesday, given the party a 40-member advantage over the Democrats.

Meanwhile in the Senate, U.S. Senator Charles Schumer (D-Brooklyn) easily won reelection over Republican Challenger Wendy Long by a margin of 70.4 percent to 27.5.

Despite predictions from some national media outlets that the Democrats would take over Congress’s upper legislative chamber, the GOP was able to maintain its control and will likely have 52 members come January, to the Democrats 48 members.

YOUNG, GOODELL CRUISE TO REELECTION

Senator Cathy Young and Assemblyman Andy Goodell

The area’s two representatives in Albany also won reelection.

In the State Senate race, Cathy Young (R-Olean, 57th District) easily defeated challenger Lee Hyson (D-Frewsburg). Young received 87,000 votes from across the 57th district – which comprises all of Chautauqua, Cattaraugus and Allegany Counties, along with the southern portion of Livingston County. Hyson, meanwhile, only managed to pick up just under 18,000 votes, giving Young an 83 to 17 percent margin of victory.

Nearly half of all of Young’s votes came from Chautauqua County, where she picked up an estimated 40,000. Hyson picked up just over 8,000.

While some races are still to close to call, state GOP officials are claiming victory in maintaining control of the state senate, meaning Young will continue to serve as chair of the powerful Senate Finance Committee, as well as serve as one of the top ranking Republicans in state politics.

Over in the Assembly race, Assemblyman Andy Goodell (R-Jamestown) won his fourth term in office, easily defeating challenger Jason Perdue (D-Jamestown) – 35,000 to 12,200 (74 to 26 percent).

SWANSON, SULLIVAN WIN IN SPECIAL COUNTY ELECTION

Chautauqua County Acting District Attorney Patrick Swanson (D-Fredonia) won in the race to fill out the remainder of the DA’s term – which expires at the end of 2017. Swanson defeated Jason Schmidt (R-Fredonia) 25,207 to 21,447. Swanson was appointed to the DA’s office at the start of 2016 after former DA David Foley left the post to assume the role of Chautauqua County Court Judge.

In the special election for Chautauqua County Family Court Judge, Michael Sullivan (R-Fredonia) defeated Sally Jaroszynski (D-Falconer) by a margin of 61 to 37 percent. The election took place to fill out the remainder of the term of former judge Judith Claire, who retired from the post earlier this year.

COUNTY LEGISLATURE TERM LENGTH REMAINS AT TWO YEARS

Voters in Chautauqua County voted down a proposition to amend the county charter and increase the term length for legislators from two years to four years. The proposition was defeated 26,783 to 16,287 – a margin of 62 to 38 percent.

STATE SUPREME COURT RACE TOO CLOSE TO CALL

And in the election to appoint two new Justices to the New York Supreme Court 8th District (which includes Chuatauqua County), the Buffalo News is reporting Wednesday that Republicans Mary L. Slisz and Daniel J. Furlong narrowly led a four-way race late Tuesday, but the outcome may depend on the districts in Erie County where ballots had not yet been tabulated.

Slisz, a Buffalo lawyer, and Furlong, confidential law clerk for retiring Justice Joseph R. Glownia, built pluralities in the seven Western New York counties outside Erie County. Both also ran for seats on the court in 2014.

Unofficial totals late Tuesday showed Democrats Lynn Wessel Keane, the Orchard Park town justice, and Grace M. Hanlon, former first assistant district attorney in Chautauqua County, ahead in Erie County by sizable margins, but it was not clear whether that would offset the vote for Slisz and Furlong elsewhere.

Chautauqua County Family Court Judge candidates Sally Jaroszynski (D-Falconer) and Michael Sullivan (R-Fredonia)

JAMESTOWN – Two regional attorneys are pointing the finger at a Jamestown attorney for allegedly influencing the rating of a Chautauqua County Family Court judge candidate by the Independent Judicial Election Qualification Commission.

Frewburg Attorney Sherry Bjork and Buffalo attorney Margaret Murphey recently contacted the Jamestown Post-Journal with evidence she claimed proves Jamestown attorney Ken Lasker tainted Sally Jaroszynski’s campaign and worked to influence the commission’s not-qualified rating.

Jaroszynski is a Democrat from Falconer who is running against Fredonia Attorney Michael Sullivan for the Family Court Judge seat.

Murphey – who is speaking on behalf of Jaroszynski – and Bjork reportedly provided the Post-Journal with evidence that shows Lasker was working to keep Jaroszynski from winning the race. However, Lasker’s response is that he recused himself from the committee that handed out the ratings, and as a result he played no role in what the final ratings were.

Jaroszynski received a not-qualified rating from the commission while Sullivan recived a highly qualified rating. Just two years earlier both candidates received highly qualified ratings from the commission.

Jaroszynski currently serves as justice for the Ellicott Town Court. She also served as one of the two Ellicott Town Justices between 2011 and 2015, when former court clerk Jennifer Piazza was found to have taken more than $34,000 in cash.

An audit from the office of State Comptroller Thomas DiNapoli, released in 2015, stated that both town justices “did not segregate the duties of the full-time Court clerk, who controlled all phases of the Court’s cash collection, recording and reporting process with minimal oversight. As a result, the full-time Court clerk was able to manipulate Court records and admitted to embezzling funds. Neither the Justices nor the Court clerks performed monthly accountabilities, and the Board did not consistently conduct, or retain anyone to conduct, the required annual audit of the Justices’ records.”

The current race for Family Court Judge comes after Judith Claire retired from the bench in June.

In 2014 Jaroszynski unsuccessfully ran for the newly created second family court judge seat, losing to judge Jeffrey Piazza in the 2014 November election. Sullivan also lost to Piazza that same year in the Republican primary.

NY State Assembly (150th district) candidates Jason Perdue (D-Jamestown) and incumbent Andrew Goodell (R-Jamestown)

JAMESTOWN – Six Candidates who are running for three countywide offices in Chautauqua County were on hand for a Meet the Candidates forum Tuesday night at Jamestown Community College.

The forum, hosted by the Chautauqua County League of Women Voters and the American Association of University Women, featured State Assemblyman Andrew Goodell (R-Jamestown) and challenger Jason Perdue (D-Jamestown), Acting District Attorney Patrick Swanson (D-Fredonia) and challenger Jason Schmidt (R-Fredonia), and Family Court Judge candidates Sally Jaroszynski (D-Falconer) and Michael Sullivan (R-Fredonia).

Candidate for New York State Senate – incumbent Cathy Young (R-Olean) and Challenger Lee Hyson (D-Frewsburg) – were not in attendance.

Chautauqua County Acting District Attorney Patrick Swanson (D-Fredonia) and candidate Jason Schmidt (R-Fredonia)

All candidates were asked what they felt was the most important issue of the campaign, with each candidate for Family Court Judge and District Attorney agreeing that the drug epidemic and specifically heroin are most important to address.

Meanwhile, Assemblyman Andy Goodell said that job creation is the most urgent problem facing the New York State, while his opponent, Jason Perdue, said that it economic uncertainty and the impact it has on thousands of families.

The candidates were each allowed to respond to nearly a dozen questions from both the moderators as well as from the audience.

Chautauqua County Family Court Judge candidates Sally Jaroszynski (D-Falconer) and Michael Sullivan (R-Fredonia)

WRFA will broadcast the entire Meet the Candidates Forum on Thursday, Oct. 27 from 5 to 7 p.m. during a special two-hour edition of our Community Matters program. At 5 p.m. we will feature the candidates for Family Court Judge and at about 5:30 we’ll focus on the District Attorney Candidates. Then at 6 p.m. we’ll shift our attention to the Candidates for State Assembly.

A second Meet the Candidates forum, which will include the candidates for state senate, will take place at SUNY Fredonia on Thursday night. In addition, a forum featuring the two candidates for Congress – incumbent Tom Reed (R-Corning) and challenger John Plumb (D-Lakewood) – will take place next Tuesday, Nov. 1 at 7 p.m. at Chautauqua Lake Central School. Both forums will be open to the public.

Sally Jaroszynski

FALCONER – Chautauqua County Family Court Candidate Sally Jaroszynski has earned the endorsement of the Western New York, Community Action Program (CAP) Council, UAW Region 9.

Jaroszynski is a from Falconer and is the endorsed Democratic Party, Working Families Party, Women’s Equality Party and Reform Party candidate for Chautauqua County Family Court Judge. She is facing Michael Sullivan (R-Fredonia).

Both the candidates for family court judge, as well as those for District Attorney and State Assembly, will appear at a Meet the Candidates Forum, hosted by the Chautauqua County League of women Voters – on Tuesday, Oct. 25 in the Sarita Weeks conference room of Jamestown Community College. The forum begins at 7 p.m.