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

Sally Jaroszynski

MAYVILLE – The Democratic Nominee for Chautauqua County Family Court Judge has received an unfavorable rating for a local judicial commission – despite the fact that she received a favorable rating just two years earlier.

The Jamestown Post-Journal is reporting today that the Independent Judicial Election Qualification Commission has given Family Court Judge candidate Sally Jaroszynski an unqualified rating.  In 2014, when Jaroszynski ran for a newly created family court seat, she received a qualified rating.

The ratings from the commission are only given upon request from a candidate. When given a rating, the commission has the option of rating a candidate as highly qualified, qualified or not qualified.

FAILED TO DETECT EMBEZZLEMENT BY FORMER COURT CLERK

Jaroszynski is a local attorney who’s practiced law in family court for 25 years and also 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.”

It’s not known if the audit from the state comptroller’s office played a role in the commission’s unqualified rating.

Jaroszynki is running against Fredonia area attorney Michael Sullivan and Sherry Bjork – who will square off in a Republican party primary next week.

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.

The Post-Journal is reporting that the court has granted 40 year-old Jennifer Piazza an evaluation for a drug treatment program out of Jamestown City Court.

Piazza is being defended by public defender Ned Barone, who said Piazza is a non-violent, first-time offender who has a history of drug use and needs help.

Piazza was fired from her position in 2015 after being accused of pocketing $34,443 over the course of four years from the Ellicott Town Court while serving as its clerk. The theft was first noticed following an audit by the State Comptroller’s office. She also served as part-time clerk for the Gerry town court, where she is also accused of taking about $8,000.

Piazza is currently facing two indictments out of the towns of Ellicott and Gerry, each charging her with third-degree grand larceny – two class D felonies.

According to the Post-journal, if Piazza is eligible for the treatment program, she must plead guilty to the charges on both indictments. If she successfully completes the program, she can withdraw her pleas and plead guilty to two misdemeanors instead. She would also be required to pay restitution and would be placed on probation for six year.

According to the office of Tom DiNapoli, the comptroller’s audit found that the court finances were short by more than $34,000 during the time period between 2011 and 2015. The report also said the shortage occurred because the town justices did not establish appropriate internal controls over the Court’s financial processes, and neither the Justices nor the Town Board provided proper oversight.

As a result, the audit found that the town’s former court clerk, Jennifer Piazza, was in a position to allegedly embezzle $34,443 in court funds. Piazza was in control of all phases of the court’s cash collection, recording and reporting process. She was fired from her position earlier this year once the initial findings by the Comptroller’s office were passed to the Ellicott Town officials.

In August, Piazza was indicted by a Chautauqua County Grand Jury and pleaded not guilty the following month to third-degree grand larceny. According to the Jamestown Post-Journal, Jury selection for her trial begins Feb. 9.

The Post-Journal says 40 year-old Jennifer Piazza has pleaded not guilty to third degree grand larceny after an investigation by the state comptrollers office found that she allegedly took the money between January 2011 and October 2014 while working as the town’s court clerk. She was indicted by a Chautauqua County Grand Jury earlier this year and has since been removed the post.

Piazza will next appear in court on Oct. 19 for a pre-trial conference.

According to a published report, former JPD Detective Eric Corey made the plea in Town of Ellicott Court last Wednesday. He could face up to a year in jail for the Class A-misdemeanor charge. According to Chautauqua County District Attorney David Foley, the court has ordered a pre-sentencing investigation to be conducted by the Department of Probation and a sentence recommendation will come afterward.

In September 2012, Corey resigned from the Jamestown Police Department following an internal investigation that revealed that prescription painkillers had been removed from the police department’s evidence room on several occasions.