Deputy supervisor debate needs to end

Council Members Dan Ward's and Deborah Bruch Bucki's refusal to participate in board meetings presided over by Deputy Supervisor Roy Wixson defies their oath to uphold state laws. The five-month snit over the Wixson appointment as deputy supervisor is an embarrassment. Perhaps taxpayers deserve a rebate.

The last five supervisors, including Ward, simply announced their deputy appointments, generating no controversy. Town Attorney Tom Jones has publicly explained, ad nauseam, the state law granting appointment authority to the supervisor alone; however, dysfunction continues to trump the rule of law. New York State Town Law 42 creates the deputy position and gives both appointment and removal authority to the supervisor alone.

This law doesn't give a town board confirmation power over the supervisor's choice and clearly states; "any person" may be appointed. "During the absence or inability to act of the supervisor or while the office of the supervisor is vacant the deputy supervisor shall preside, when present, at the meetings of the town board except that he shall have no vote."

Despite persistent cries of foul play, our Amherst Town Code doesn't govern the appointment and doesn't require board confirmation of the supervisor's choice. Establishing such a local law requires a mandatory referendum under New York Municipal Home Rule Law 23(f), because this type of local law would "abolish, transfer or curtail any power of an elected officer."

To end this fiasco, Ward, Bucki and (William) Kindel should simply educate the town's legal staff and the voting public by citing the date this referendum was passed and citing the hidden code they rely upon to support allegations of an illegal appointment, which now allows council members to shirk established responsibility for meeting duties. If the mysterious code can't be produced, please end the playground spat, attend meetings and honor the trust placed by the electorate and required by oath.

Colleen Bogdan Summershade Court

Amherst