Local IP Petitions Stand Firm! (updated)

What did I say people? Didn’t I tell you all that we, on the County IP Executive Board, would make endorsements and they would stand the test of court? Didn’t I? Well they did and now all you people who doubted me can eat crow!

From Justice Faroletta to the Independence Party State Committee and Chairman Frank McKay…. CASE DISMISSED!

This is my take on what happened beginning with a little history for those who don’t know.

Last year the Erie County Independence Party was supposed to reorganize its leadership and it was the responsibility of former Chairman Tony Orsini to call a meeting to do so. Tony knew he lost control by who was elected in the county and town primaries, so instead of calling the meeting he decided to sit and wait it out, while hoping no-one would catch on to his scheme and the legal time frame would pass, thus keeping him Chairman.

After waiting three months the members of the IP new committee decided enough was enough and called the reorganization meeting themselves. Orsini was ousted as County Chairman and Sandy Rosenswie was elected in. That’s when the shit hit the fan for the Independence Party here in Erie County.

Orsini, ousted and humiliated, ran to NYS IP Chairman Frank Mckay, cashed in some political favors, and asked for help holding onto influence within our county. Frank turned around and appointed Orsini as an Executive Board member to the State IP Committee, even though Orsini was never elected to the committee himself. Then McKay filed lawsuits against the new leadership of the Erie County IP, claiming that the reorganization meeting we held was illegal.

There were three issues for the judge to decide in the lawsuit. First, was the reorg proper and legal, thus making Sandy Rosenswie the new Chairman. The judge said yes it was legal and yes Sandy is the duly elected Chairwoman.

Second, can the new leadership take charge and decide who would lead the party in various cities and townships such as Lackawanna. Another party member decided he wanted that spot and basically declared himself chairman without our county leaderships permission. The judge decided that the new IP leadership has the authority and the rogue member was ousted from his position.

Third, does the new leadership of the County IP have the authority to make endorsements of members of other parties to run on our line locally? This was the huge issue and the judge still hadn’t ruled on the case as of the day we all went to court for the second lawsuit.

Fast forward to three weeks ago. The new IP leadership met and made endorsements of many different candidates from the four main parties in Erie County (DP, RP, CP, IP). Right after the paperwork was filed at the Erie County Board of Elections, Frank McKay and his NYS Independence Party leadership filed another lawsuit. They wanted another judge to rule on that one remaining issue by bringing another lawsuit with the same issues that Justice Faroletta was still contemplating. 

However, the judge it went in front of, Justice Sadita, found out about the previous lawsuit. After chastising Frank McKay’s lawyer for trying to pull a fast one, he sent the issue over to Judge Faroletta that very day and she was waiting in court for us all to arrive. ( not a good sign for McKay’s side)

This time the lawyer for McKay tried to get himself out of trouble with the judge by claiming that first, the County IP had been taken over by the County Demon-crats and second, this lawsuit is an election lawsuit and therefor not the same as the first suit.

The judge saw through his first argument as soon as Vincent Sorrentino, former Demon-cratic County Chairman and current Hamburg Town Demon-cratic Chairman, went up to McKays lawyer and started helping him with his case right in front of the judge! LOL!!! ( You should have seen her face when it happened. The word “priceless” comes to mind)

Their second argument seemed to hold water, but after our lawyer pointed out that the NYS IP has absolutely no rules prohibiting the County IP from filing endorsements, and the legal arguments about former lawsuits and case law doesn’t apply to us, the judge reserved her decision until close of business on Thursday of last week.

The opinion by the judge is this. She is dismissing the States second lawsuit stating that the law prohibits the State Chairman from objecting or filing lawsuits against endorsements made within his party. She then ruled on the last part of the first lawsuit and filed an injunction against the County IP from filing further endorsements. All current endorsements made by the local county IP before the close of business last Thursday will stand, but the local county IP is not to file further endorsements of non-party members this year because an injunction isn’t retroactive. An injunction can only begin the day it is signed by the judge.

Therefor all endorsements made prior to the injunction should stand unless a legal challenge is mounted to the Wilson Pekulas individually within the time frame provided by law. That time frame has passed and only two objections have been filed with the BOE. One was against Steven Walters and I am not sure of who the second was against.

The problem for the objection against Steven Walters Wilson-Pakula is that the Hoak’s, (Sally Hoak was the objector from our party), failed to follow all the legal procedures. They never served our County Chairwoman or the Secretary who signed the document as required by law and they can’t just pick those who they don’t like on the paperwork. they must object to all the people listed on the Wilson-Pakula in question. They failed to do that.

As a result we expect their challenge to be dismissed and the time frame for them to correct the mistake has passed as of Tuesday. Since we, the Erie County IP Executive Board, have finished all the endorsements that we intended to do weeks ago, and the injunction isn’t retroactive against those endorsements, we win.

The judges decision is not the best decision for either side since arguments are being made of legalities. One of the biggest issues on appeal are the legal service inadequacies and timeliness issues. I think things are looking very grim for the NYS Independence Party trying to keep Orsini in some kind of decision making position here locally. This is also a big blow to Tom Golisano, who happens to be financing all these lawsuits for McKay and the State IP. Chris Collins also had his hands involved, trying to stop the local IP because he wants to take out Mark Poloncarz from the County Comptroller position, who we endorsed, and put Lynne Dixon into Bob Reynolds County Legislators seat.

By challenging us they also risk losing endorsements of all the big Republicans we did, specifically to make the County Republicans fight with each other. Fact is, if Collins would have kept his mouth shut, closed his pocket book and worked with me and a few others when we came to him for some help with some important issues earlier in the year, he would have gotten anything he wanted. Now he has a big uphill fight, all because his Chief of Staff is a hard headed asshole.

The NYS IP and their lawyers are appealing the decision and so are we. No judge is going to take 150 candidates off the ballot at the last minute and we expect at least one BOE Commissioner to uphold our petitions and Wilson-Pakula’s. Never-the-less, the IP members running for Hamburg Town Council aren’t effected by any of this legal garbage.