Mohan supports Ward's motion to seek investigation into Town's deputy position
by JESSICA L. FINCH Associate Editor

The debate at May 14's Amherst Town Board's work session on the rights of the deputy supervisor continued into Monday's regular meeting.

Council Member Dan Ward questioned the legality of Roy Wixson's service as deputy, as well as any benefits he was unlawfully receiving. His resolution asked for an investigation into the position by the state attorney general and/or the state comptroller's offices.

In a vote that surprised board members, Supervisor Satish Mohan supported the resolution. In response to his decision Council Member Shelly Schratz said, "Because he knows nothing is wrong."

Mohan simply said during the meeting that it should be looked into.

After a lengthy discussion on what the Town Code implies about the position, the board members did not settle on an answer and instead resolved to send the matter for review. The Amherst Ethics Committee is also being asked to review it.

Personnel Director Robert Mc- Carthy was asked to respond to the allegations of improper benefit payments being made to Wixson. He said he has discussed the issue with Erie County, confirming it is a non-Civil Service, appointed position.

"You have my assurance that everything is in order," McCarthy said, adding that no medical insurance had ever been paid to Wixson.

Ward and Council member Deborah Bruch Bucki had refused to take part in the May 14 work session conducted by Wixson in Mohan's absence. They continue to question the legality of the position being filled by a non-board member.

Council member Bill Kindel also questioned the action, saying Wixson should not have led the meeting because Mohan was not ill nor out of the region - two reasons stated in Town Code for the deputy to step in.

Mohan presented minutes from Town Board meetings from 1990-1992 when then supervisor, Ward appointed Lynn Millane as deputy.

"(Millane) was never officially appointed, three times you did that," Mohan said to Ward.

In other Town Board action, Bucki presented a resolution addressing the recent $80,000 IRS issue in the Comptroller's Office.

In April, Comptroller Frank Belliotti was contacted by the IRS that it was going to withdraw money from the town's accounts for unpaid taxes and late fees, from 2003-2005. Since then, board members and employees have explained their side about what happened and who they believe was at fault.

Bucki withdrew the resolution after the first two resolves within the resolution failed. She was attempting to request an explanation from Darlene Carroll, supervising accountant, and Mohan about the situation and their involvement. She also wanted to create a process for future filings.

+ The board passed a resolution requesting the IT Committee research a wireless Internet program for the Town of Amherst.

"Major cities are involved in this type of endeavor," Ward said, adding Amherst should take a lead position in WiFitechnology.

+ The board approved the appointment of Attorney Richard Lippes to represent the Town Board in the lawsuit with the Amherst Police Club.