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Most council members answer straightforward questions about leak of personnel information

By Howard B. Owens

Last night I e-mailed five questions to each of the nine members of the Batavia City Council related to the reported leak of information from a confidential personnel closed session. Five of the council members cooperated by answering the questions directly. Two others did respond, and three have yet to respond (in addition to the questions, I've telephoned each council member who has not answered three times and twice left messages).

Below are the questions and responses.

1. Did you call any member of the public, including but not limited to, the person who wrote the letter in question, after the closed session (or did this person call you and then you revealed the substance of the closed session to the caller)?

Charlie Mallow: "The only contact I have made was this weekend was to send an apology note that the information was leaked." 'No' answers from Frank Ferrando, Tim Buckley, Marianne Clattenburg and Kathy Briggs.

2. Did you call any member of the media following the meeting and discuss, either on the record or off, the content of the closed session?

'No' answers from Mallow, Ferrando, Buckley, Clattenburg, Briggs.

3. Did you provide Joanne Beck or any other member of the media, or any member of the public, a copy of the letter in question?

'No' answers from Mallow, Ferrando, Buckley, Clattenburg, Briggs.

4. In the spirit of Frank Ferrando's statement during tonight's meeting: Are you willing to release Joanne Beck and/or the editors of the Daily News from any promise of confidentiality and let her release your name if you are the council member who leaked the letter or otherwise discussed the matter off-the-record or on background or as an unnamed source?

'Yes' answers from Mallow, Ferrando, Buckley, Clattenburg, Briggs.

Ferrando also included: "I am willing to have Joanne release my name if indeed I am the person who leaked this information.  I release any possible promise."

5. Do you agree or disagree that the council should not meet in closed session again until this matter is resolved to each member's satisfaction?

Mallow, Buckley, Clattenburg and Briggs also said either "I agree" or "No further meetings."

Ferrando wrote:

I believe we should take the recommendation of our attorney George Van Ness and include in our Council rules the confidentiality of Executive Session. Until then, I am reluctant to meet  in an executive session where privacy, particularly involving individuals, is not respected.  In my estimation, someone on our Council was looking to assassinate the character of a person without allowing the individual the Constitutional rights everyone is guaranteed.

City governments are public entities and the rights of ALL of our citizens, under the constitution, must be clearly noted and protected. Whoever did this is, in my opinion, a coward for not stepping forward and owning up to his or her actions.  As  public officials we take an oath to uphold the Constitution of the U.S. and the Charter of the City.  If someone deviates from that sacred trust, they should have the courage to step forward and explain why it was so important to have done so and accept the consequence of such action if deemed by the public to be unacceptable. That's the way our democratic system works and why our system of governance is so special.  For a publicly elected representative to hide behind the confidentiality of a person in the media is also appalling because it casts suspicion on the innocent. That is why I am so intent. as are my colleagues, on finding out who this was because until then it casts doubt and suspicion on all members of Council. In any case Howard, you have my answers to the questions posed.

Councilman Bill Cox sent an written statement, which I posted previously. I sent another e-mail to Mr. Cox and asked if he would respond directly to the questions. He wrote back: "The city attorney advised us not to answer any questions about the executive session." By reply, I pointed out none of the quesitons dealt with what happened in closed session, but what happened after closed session. I have not received a response.

Councilman Sam Barone wrote: "Howard, I will not be responding to these questions.   Sam."

I have yet to hear at all from Council members Bob Bialkowski and Rose Mary Christian.

John Roach

I understand Bob Bialkowski not responding, he was not at the executive session, being away on vacation.

Rose Mary made it clear before it was not her and in fact is one of the people the letter writer called after the leak.

But it says a lot about the other two who refused.

Sep 30, 2009, 11:29am Permalink
Karen Miconi

John, when, if at all, depending on the circomstances, will the public find out, exactly what Jason is accused of? I finally read the article in the daily from days ago about this. They give a list of violations, but nothing specific. Is there going to be an investigation into the complaint? I would hope so, and soon.
Just asking

Sep 30, 2009, 12:40pm Permalink
John Roach

Karen,
Who knows?

From what we know and the way some of them have been talking, it seems someone objected to Jason’s choice of words during a private conversation with them.

That person then wrote a letter to a councilman, who latter brought to the whole council.

When council got it, Jason was not there, so they decided to wait until the next meeting to go over it with him,

But before that could happen, one council member (and it seems clear now it was a “councilman”), leaked to the complaint that nothing was done. That person then called at least 4 council members within 1 hour of the meeting.

Then, somebody sent a copy of the letter to the Daily News, setting this off.

At least 5, and maybe 6, refuse to discuses this in private now, knowing that within minutes of the meeting ending, it will be leaked again.

This can be resolved at the next meeting in one of two ways: (1) if the letter writer has the courage to come forward and make their complaint in public, but don’t count on it. It’s always easier to complain when nobody can find out who you are. (2) The leaker comes forward and explains why they leaked it. Again, don’t count on it, as that would take personal courage.

Sep 30, 2009, 2:41pm Permalink
Bea McManis

Posted by Karen Miconi on September 30, 2009 - 12:40pm
I finally read the article in the daily from days ago about this. They give a list of violations, but nothing specific. Is there going to be an investigation into the complaint? I would hope so, and soon.
Just asking

From the moment this was brought up on here you demanded 'transparency' and wanted everything discussed in public, even though it was mentioned time and time again that the LETTER writer asked for confidentiality.
Now, you admit, that you didn't even read the entire account until just recently?
How could you make your comments without even knowing the circumstances?
Everyone tried to tell you that it wasn't the council, as a whole, trying to hide something, but that they and the media were protecting the person who wrote the letter.
Yet, you kept accusing the council of hiding something under the rug.
Once again, how could you make accusations without even knowing the particulars.

Sep 30, 2009, 4:25pm Permalink
C D

I'm going to point the obvious out. Enough people are freaking out about this.

Whoever leaked to the Daily will only stay anonymous for so long, whether they come forward or not. In the meantime, just breathe. Save your breath.

On a slightly different note, Karen is always accusing the Council or some other entity/person of hiding something, covering something up, and so on. She never has any facts or proof and rarely ever reads or knows enough about a particular topic to give any kind of worthwhile opinion. Her capitalisation and grammar is horrendous. Nearly all of her opinions are like reading a Dan Brown-esque novel forced through cough syrup where the government or some other organisation is always covering something up and out to screw us all. In the few times where she's made some pretty outrageous claims and a handful of people have called her out, she backs down.

Now, I'm not saying she's a horrible person. None of the above is or intended to be an insult. Karen is an avid fisherwoman and good person. I just wouldn't read too far into her thoughts on the Council.

Sep 30, 2009, 5:20pm Permalink
Karen Miconi

Bea, Chris, My intuition is right on. I have a knack for reading people. In the long run what I feel is going to happen, usually does. Ive never backed down from any of you. I am a great debater, or so Ive been told. I cut to the chase I guess Bea. Please dont blame me for commenting just like everyone else. If you look back on other threads, others have been just as corse as I have. You just choose to single me out. Maybe Ill never know why some of you, give me all the" Negative" attention, but I believe in myself and my feelings about others. I forsee things, and whats going on now, with the city, I felt, was coming long ago. I got the feeling of dishonesty, and selfishness, when starting to read up on the specifics of the history of city council, and the city managers. I have also had conversations with engineers who worked for the city in the past.
Im sorry if my corseness offends you Bea.
Oh, and unless your following me with a camera, or in my home, can you assume how I live, What I read, Who I talk to, And what I hear from adults, whom I see out in our city every day, what info drives my comments. You dont have to read the daily news to see whats going on in Batavia. Oh and Chris thanks for the compliments and insults. I guess you have perfect grammer and spelling right. What did I ever do to you personally?? You, Like Me are just commenting your opinion on me, as rude as you refer to me,( and you dont even know me), Chris, you are doing the same , that you accuse me of,, Ironic.... (forgive my spelling, its Horendis, I call it a style of writing) LOL

Sep 30, 2009, 9:29pm Permalink
Karen Miconi

One what John?
I have been absorbing info from the internet, the citizens, the batavian, the daily news online, old city employees, televised council meetings, City of Batavia site, town of Batavia site, Chamber of Commerse. Why is that so bad?

Sep 30, 2009, 8:01pm Permalink
Bea McManis

Karen,
I don't consider your posts coarse. You have a unique writing style.
All I commented on was the fact that you painted the entire city council with the same brush and stated that they were sweeping something under the rug.
I had a hard time following that logic since the circumstances didn't follow that path.
Spelling and grammar are not required when posting (at least I don't think the grammar police are watching). We all slip up at times.
For the most part, I enjoy reading your posts. If I comment, it is only to clarify a point or two.
Have a wonderful evening.

Sep 30, 2009, 8:14pm Permalink
Karen Miconi

Thank You Bea. I have always had respect for you, for John, and Howard as well. My style of writing cuts like a knife and is abrasive, I know. This Batavian is addicting, but also I have learned alot about myself, politics, government, Batavia, and its people in general. Ive asked Howard to remove me, if he thinks it best... He's like a drug dealer with the news, and keeps me coming back every day, to check his posts(>:
You too have a wonderful evening Bea. I will be stopping by for an application to the towers for mom tommorrow. She is getting up there in age and is having a hard time with the big house, her health, and my dad who is suffering from Alzhimers(stage 4). Life is something else.. Good Night

Sep 30, 2009, 9:34pm Permalink
Daniel Jones

Karen-You know what to do now, make a difference in the government.

Go down to the DMV or the board of elections and fill out a voter registration form.

Sep 30, 2009, 9:33pm Permalink
Karen Miconi

Wouldn't that be something. I do have to go downtown tommorrow... Who knows, If the mood strikes me, you, and The Batavian will be the first to know)O>: We'll see,
Thanks Dan

Sep 30, 2009, 9:39pm Permalink
Karen Miconi

Oh there she is, Hi Beth!! Wouldn't that be something. I"ll even take a pic and post it of my voters registration card. LOL( Ill probably have to, to proove it to you all)(%:

Sep 30, 2009, 9:55pm Permalink
Vicki Newton

The only downside is that you can't vote in primaries if you are not affiliated with the party your candidate is in. I am an independent, and I find this frustrating. My thought is that I just want to be able to support the best candidate whatever party they are associated with. Don't let this deter you though- make your voice heard. The public needs to be represented by voters with your kind of passion! Best of Luck!

Sep 30, 2009, 10:19pm Permalink
Charlie Mallow

Karen, best news I heard all day.

By the way, you like to argue, always say nice things about Obama and support health care reform. Sorry to be the one to tell you but, you are a Democrat. :-)

Sep 30, 2009, 10:50pm Permalink
Karen Miconi

Im going to Howard. Im going to the DMV to register. I know the girls down there, and their gonna crack up. Thanks for the info Vicki. So fill me in guys. I cant vote for a dem or rep if Im independant? Charlie am I a Dem?? Can somebody Splain?
Oh and Howard, where has Peter been? I dont mind him being a friend on my profile, but GOD I cant stand that pic of Obama he has. Its the first thing I see when going on my site. Is there a way of organizing your friends list?

Oct 1, 2009, 8:56am Permalink
Vicki Newton

Karen,
Sorry for the confusion- you may vote in a general election for anyone you choose, regardless of your party affiliation. What I meant to point out is that you may not vote in a specific party's Primary (where you decide who that particular party puts up in the general election) if you are not affiliated with that party. For ex: if you register as an independent (like me) or blank (like Howard) you would not have been able to vote in say the Democratic Primary to decide whether Hillary Clinton or Barack Obama get to go to the actual Presidential election.

It is only a nuisance, and not a real issue, just wanted to point it out, as I tried to vote in a Primary when I first registered at 18 and was turned away, because I was not affiliated with that particular party.

Hope that clears it up.

Oct 1, 2009, 9:07am Permalink
John Roach

Karen,
Once you registered, and its time to vote, you can vote for anyone you want, it's all up to you. You can be a Dem and vote for an "R", or be an independant and vote for a "D".

How you register, especially as an adult, usually states where you stand on the political spectrum: left, right, middle, or just don’t know.

The election office is upstairs at the County Bld.

Oct 1, 2009, 9:12am Permalink
Bea McManis

Can't wait to see that picture!
Maybe, since she is coming to our complex to see if it is a fit for her mother, she can look me up and we can celebrate her new found registration with a cup of coffee.
Way to go, Karen.

Oct 1, 2009, 9:43am Permalink
Karen Miconi

Wheres the office at the towers Bea? I need to move on this with my mom quick. Dad had another episode last night, and mom was very distraught. Mike and I are going to move in to the house, and Im going to take care of him in his final days. I hope Im strong enough to do it. Ive been told how aweful Alzhiemers is, but now Im going to have to face it with dad.
I recently secured a job with the nys veterans home, and have to get fingerprinted today, and register to vote. I dont know if I will be able to take the position at the va, and swing helping my parents too Ugg. Ive been doing alot of praying. Bob, I just prayed for you too!!(:

Oct 1, 2009, 10:07am Permalink
Bea McManis

Park in the guest parking. When you get to the sliding doors, dial 000 and the office will let you in. The office is just across from the sliding glass doors to the left.

Oct 1, 2009, 10:33am Permalink

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