We don't know yet who leaked a complaint letter to the Daily News, but two council members say that Councilman Bob Bialkowski is the person who brought the original letter to the council.

Bialkowski also reportedly told a council member that he would divulge the contents of the letter if City Manager Jason Molino received a pay raise.

Council President Charlie Mallow and Councilwoman Kathy Briggs both confirmed that letter first came to the council through Bialkowski.

"That's highly unusual," Mallow said. "Complaints usually come through the council president or the city attorney. We treat all complaints we get equally. But that's not normal."

We've left a message for Bialkowski on his home phone. Yesterday, The Batavian left two messages for Bialkowski asking him to respond to our survey of council members. Bialkowski has not responded to our email, answered the questions or returned phone calls.

Councilman Bill Cox said he had no knowledge of Bialkowski bringing the letter to the council. He thought it came through Councilwoman Marianne Clattenburg, whom he thought had the letter two or three weeks before it was discussed in closed session.

Briggs said that prior to the vote on Molino's raise, another council member called her and said that Bialkowski was threatening to make the contents of the letter public if the council approved Molino's raise, and Briggs said, "What letter?"

She said at that point, she hadn't received the letter and referred to it as "the first letter" that went to only "select council members" from Bialkowski.

Briggs said she believes Bialkwoski brought forward two letters from the same person, and it is the second one that the council reviewed in closed session.

Mallow said he wasn't aware of a "first letter." Cox wasn't aware of there being more than one letter.

Following the closed session where the letter was discussed, four council members -- Briggs, Mallow, Rose Mary Christian and Clattenberg -- received phone calls from the letter's author discussing the substance of, in some detail, though with inaccuracies, the things individual council members said during the closed discussion.

Both Mallow and Briggs said that it's clear that a council member discussed the meeting afterwards with somebody not at the meeting, which made it possible for the letter writer to learn what was discussed behind closed doors.

Bialkowski was not at that Sept. 14 meeting, which was the same night the council voted on Molino's pay raise.

Cox voted against the pay raise, and after the meeting, first characterized his "no" vote as related to a personnel issue he would not discuss publicly. Later he issued a statement that criticized the timing of the raise.

This afternoon, in a phone conversation with The Batavian, Cox agreed that there would be nothing wrong with a council member who was present at a closed session calling a member of the council who missed the meeting and discussing what was said in executive session.

We then asked Cox if he called Bialkowski after the closed door meeting and Cox said he would rather not comment on that question.

While Bialkowski missed the vote on Molino's raise this year, he was present a year ago, June 23, 2008, and voted "yes" on that year's raise for Molino. Bialkowski has been a member of the council since Jan. 1, 2008.

Molino was on vacation the night of the council voted on his raise, which is the same night the council first discussed the complaint letter. Sources say the council delayed further discussion of the complaint until Molino could be present to reply to the charges. Before the council could meet again, the letter was leaked to the Daily News and now at least five council members are unwilling to enter into an executive session without confidence that statements made in a closed session will remain confidential.

UPDATE: Councilman Frank Ferrando just returned our call. He said it was his understanding the letter was brought forward by Bialkowski, but he never heard of Bialkowski threatening to release the letter if Molino received a raise.

Previously:

• Mallow: Council member who leaked document should resign
• Today's Poll: Should the council member(s) who leaked personnel information from a closed session resign?
• 'Council antics' don't pass 'smell test,' asserts Councilman Cox
• Most council members answer straightforward questions about leak of personnel information
• The power of Grand Juries in New York to investigate government actions

Engine 12 and Ladder Truck 15 are on scene at 15 Bank St., Batavia.

I didn't catch the original dispatch, but there have been fire alarms from this building before.

UPDATE 3:50 p.m.: Engine 12 back in station.

An Oakfield man who had sex with a 15-year-old girl and videotaped multiple sexual acts with the girl was sentenced to seven years in state prison and 15 years of supervised release following his time in lock up.

Corey W. Klase, 24, was previously plead guilty to charges of sexual performance with a child and rape in the third degree. He was originally indicted on 12 counts.

Klase was arrested in January after deputies searched his home and found a video that depicts Klase engaging in multiple sexual acts the girl.

Arrested a few days after Klase was his girlfriend, Jessica R. Henry, 23, of Oakfield. She was accused of directing the girl in the videos. She was sentenced in July to six months in jail and 10 years probation.

A black bear has been seen on Vallance Road in LeRoy.

The first sighting was reported two weeks ago by a concerned LeRoy citizen but others say the bear has been in the area for at least a month.

"We first saw him in the field where there was corn being chopped, from there he went down Vallance Road," said the citizen who reported the incident.

Residents also noted that at a neighbor's house, the bear knocked over some garbage cans and had been attracted to, and damaged, both of their bird feeders. The citizen tells of other reports around town that the bear has been spotted near the Thruway exit.

Pat Flaherty, a Vallance Road resident, said, "The first time the bear came here was during the night when it knocked down bales of hay in our yard that were being used for archery."  She said that happened about a week ago.

"It completely took down a big birdhouse on a pole and had broken down a clothesline that (we found) lying on the ground," she said.

On Aug. 22, a LeRoy resident shot this photo of the bear in his yard enjoying yet another bird feeder. The incident was reported to DEC that same day. Below is a picture taken early in the morning on Sept. 28 of bear prints across the same resident's driveway.

According to the New York State Department of Environmental Conservation, 80 percent of bear sightings are related to bird feeders. The DEC says, "Although many people find it difficult to believe, an animal as large and powerful as black bear is readily attracted to bird feeders as a source of food."

It is important to break them of this habit because the bear will associate the areas with bird feeders as a good place to get food. Removing the feeders is the only sure way to avoid attracting bears. The DEC claims that "bears that learn to approach one house will approach other houses."

Other options include bringing the feeder in at night and removing excess seed. Without available food, the bear shouldn’t return to the area.

In the event of a black bear sighting, it is advised that you contact the DEC at 585-226-6335.

A fire alarm has been activated at Oakfield-Alabama High School.

City of Batavia Fire Department has been dispatched to Batavia High School because a fire alarm has gone off.

UPDATE 8:52 a.m.: Engine 12 on location. Building evacuated.

UPDATE: 9:09 a.m.: False alarm. Microwave, burnt food.

In California, I was familiar with Grand Juries investigating various government activities, sometimes uncovering wrong doing or mismanagement.

Grand Juries have the power to subpoena and compel testimony, with witnesses facing possible perjury charges if caught in a lie.

In the aftermath of the probable leak of personnel documents by a member of the Batavia City Council to the Daily News, the question came up: Who has the power to investigate something like this?

I sent an e-mail to District Attorney Lawrence Friedman and asked him about the authority of Grand Juries in New York.  Here's his answer:

I have copied and pasted below two sections from the NYS Criminal Procedure Law, with relevant provisions in bold print.  While the alleged conduct might constitute "misconduct in public office by a public servant," the Grand Jury certainly does not investigate every claim of "misconduct... by a public servant."  In fact, in my nearly 28 years in the District Attorney's Office, I can only recall one such Grand Jury investigation.  I think that this is based in large part on the belief that such matters can usually be dealt with more effectively through internal means, rather than involving a Grand Jury.

The code sections come after the jump below.

NOTE: The purpose of this post is not to call for a Grand Jury investigation. That is a major step and could have significant consequences. But I asked the question, got an answer and thought I should make the information available.

§  190.55  Grand  jury;  matters  to  be  heard and examined; duties and authority of district attorney.
   1.  A grand jury may hear and examine evidence concerning the  alleged commission  of any offense prosecutable in the courts of the county, and concerning any misconduct, nonfeasance or neglect in public office by  a public servant, whether criminal or otherwise.
   2.    District attorneys are required or authorized to submit evidence to grand juries under the following circumstances:
   (a)   A district  attorney  must  submit  to  a  grand  jury  evidence concerning a felony allegedly committed by a defendant who, on the basi of  a  felony complaint filed with a local criminal court of the county,  has been held for the action of a grand  jury  of  such  county,  except where  indictment  has  been waived by the defendant pursuant to article one hundred ninety-five.
   (b)   A district  attorney  must  submit  to  a  grand  jury  evidence concerning a misdemeanor allegedly committed by a defendant who has been charged  therewith  by  a local criminal court accusatory instrument, in any case  where  a  superior  court  of  the  county  has,  pursuant  to subdivision  one of section 170.25, ordered that such misdemeanor charge be prosecuted by indictment in a superior court.
   (c)  A district attorney may submit to  a  grand  jury  any  available evidence concerning an offense prosecutable in the courts of the county, or  concerning  misconduct, nonfeasance or neglect in public office by a public servant, whether criminal or otherwise

§ 190.85 Grand jury; grand jury reports.
   1. The grand jury may submit to the court by which it was impaneled, a report:
   (a)    Concerning misconduct, non-feasance or neglect in public office by a public servant as the basis for  a  recommendation  of  removal  or disciplinary action; or
   (b)   Stating that after investigation of a public servant it finds no misconduct, non-feasance or neglect in office by him provided that  such public servant has requested the submission of such report; or
   (c)      Proposing   recommendations  for  legislative,  executive  or administrative action in the public interest based upon stated findings.
   2.  The court to which such report is submitted shall examine  it  and the  minutes  of  the  grand  jury  and, except as otherwise provided in subdivision four, shall make an order accepting and filing  such  report as  a public record only if the court is satisfied that it complies with the provisions of subdivision one and that:
   (a)  The report is based upon facts  revealed  in  the  course  of  an investigation  authorized  by  section  190.55  and  is supported by the preponderance of the credible and legally admissible evidence; and
   (b)   When the report  is  submitted  pursuant  to  paragraph  (a)  of subdivision  one,  that  each  person  named  therein  was  afforded  an opportunity to testify before the grand jury prior to the filing of such report, and when the report is submitted pursuant to  paragraph  (b)  or
 (c)  of  subdivision  one,  it  is  not  critical  of  an  identified or identifiable person.
   3.   The order  accepting  a  report  pursuant  to  paragraph  (a)  of subdivision  one, and the report itself, must be sealed by the court and may not be filed as a public  record,  or  be  subject  to  subpoena  or otherwise  be made public until at least thirty-one days after a copy of the order and the report are  served  upon  each  public  servant  named therein,  or if an appeal is taken pursuant to section 190.90, until the affirmance of the order accepting the report, or until reversal  of  the order  sealing the report, or until dismissal of the appeal of the named public servant by the appellate division, whichever occurs later.   Such public  servant  may  file with the clerk of the court an answer to such report, not later than twenty days after service of the order and report
upon him.  Such an answer shall plainly and concisely  state  the  facts and law constituting the defense of the public servant to the charges in said  report,  and, except for those parts of the answer which the court may determine to be  scandalously  or  prejudicially  and  unnecessarily inserted  therein,  shall  become  an appendix to the report.   Upon the expiration of the time set  forth  in  this  subdivision,  the  district attorney  shall  deliver a true copy of such report, and the appendix if any, for appropriate action, to  each  public  servant  or  body  having removal  or  disciplinary  authority  over  each  public  servant  named therein.
   4.  Upon the submission of a report pursuant to  subdivision  one,  if the  court  finds that the filing of such report as a public record, may prejudice fair consideration of a pending criminal matter, it must order such report sealed and such report may not be  subject  to  subpoena  or public  inspection  during  the pendency of such criminal matter, except upon order of the court.
   5.  Whenever the court to which a  report  is  submitted  pursuant  to paragraph  (a)  of  subdivision  one  is  not  satisfied that the report complies with the provisions of subdivision  two,  it  may  direct  that additional  testimony  be  taken  before the same grand jury, or it must make an order sealing such report, and the report may not be filed as  a public record, or be subject to subpoena or otherwise be made public.

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.

Last night I e-mailed a series of questions related to the apparent leak of personnel information from a Batavia City Council closed session to local media. I'll have a separate post on the responses shortly, but Councilman Bill Cox sent along the following statement, which we're posting in full:

"The purpose of the executive session in question was to discuss a personnel matter. The specific subject matter and person it involved should be and remain confidential until such time it is deemed advisable to release a statement. That discussion among council members is still ongoing and a second executive session has to be held to complete it. The employee in question has not even had an opportunity to speak to council. It is inappropriate to have any of this information disseminated when the facts have not been evaluated, discussed in total, or any findings made. It is also unfair to any employee to do so without both sides having a chance to discuss the matter. After that process has been completed then we need legal advice on what gets published.

To provide legal guidance to our council, city management, and the public, I e-mailed a letter to NYCOM, the organization all the cities, towns, and villages belong to for this kind of legal guidance to request what municipal and other NYS laws say about the sharing or disclosing the contents of discussions and documentation at executive sessions. I personally told this to Council President Mallow before the meeting Monday night in hopes of preventing the fiasco that occurred from happening. It obviously had no impact. 

It appears some members of council are overreacting and are on an emotional roller coaster. The tragic thing is they are deflecting (intentionally or unintentionally) the real issue and turned it into a second issue. Without a second executive session a determination cannot be accomplished, the employee cannot have an opportunity to reply, and the complainant cannot have his or her complaint heard by council and taken care of.

The real thing going on right now appears to be a witch hunt by some council members who want to require a litmus test of all council members, then a loyalty test, and finally a lynching. Those same council members are the ones who are not doing their job and they are not living up to their oath of office because they are preventing a city matter from being resolved by refusing to go into executive session. They have blown this situation all out of proportion; they have prevented a resolution to a problem; they are allowing a cloud over someone’s reputation to continue and have turned this into a circus.

I would hope this is not a ploy on some council member’s thoughts who are up for re-election to get their names in the paper in hope of getting votes this November. Our voters are smart people. I hope this fall they remember the antics going on at council by certain members, the unwillingness to act as a council on an important matter, and then vote accordingly. This entire fiasco can’t pass the “smell test”; it stinks of politics by those specific members who continue to stir things up.

If this were a business those council people would be told by senior management to get on with business or else. Council has accomplished some very good things in the past 12 months, we need to continue our work.

I take the council position I was elected to seriously will not participate in any of their childish games, litmus tests, or anything else they are trying to sell to the public. We have a lot of important objectives to work on; we have to start our budget process soon, deal with pending neighborhood proposals from NIC, and also get resolution to this problem so we can all concentrate on what we were elected to do which is better government at lower cost."

Bill Cox
Councilman – First Ward

Turkey vultures are normally seen gliding high overhead, soaring on thermal currents, those columns of rising warm air that enable them to cover miles while conserving energy at the same time. Last Wednesday I took these photos along the edge of an evergreen forest. Seven were roosting in a dead hardwood with several more situated in a splintered pine.

While a few birds flew back and forth between the edge of the pines and the dead tree, for the most part they were unalarmed, staying put for several photos.    

Above photo depicts one turkey vulture spreading its wings while another preens its feathers. There is much speculation as to the reason for this practice. Some believe the wings are used as solar panels to generate body warmth while others tend to think they are utilizing the suns ultraviolet rays to kill bacteria picked up from diseased carcasses.

They are ominous-looking creatures, and with their featherless heads, turkey vultures may not be much in terms of appearance, yet they perform a valuable service by cleaning up carrion. Even from high overhead, the turkey vulture employs its keen sense of smell to locate food, one of the few birds of prey able to do so. 

Right now, the cost of garbage collection in City of Batavia is just part of each property owner's tax bill.

It doesn't matter if dwelling is four units with four families, or one unit, the fee you pay is based on assessed value. There's no direct correlation between the amount of refuse produced from your property.

Councilman Sam Barone said last night the current system is unfair.

“Presently, it's based on the value of your home, for example," Barone said, "and there are some agencies that don’t pay at all, non-profit organizations, for example do not pay for trash service.”

Barone brought forward a now familiar proposal -- one that hasn't gotten far before -- to break out the cost of garbage collection as a separate fee on tax bills, and modify the fee-based system so its charged on a per-unit basis, including non-profits.

Councilwoman Rose Mary Christian immediately objected to the idea, saying, "You’re going to see a lot of garbage all over the city."

Councilman Frank Ferrando then backed Barone's proposal.

“We should investigate this because this should really bring down costs to taxpayers,” Ferrando said. “What we're doing is we're looking at the cost, a fairer way of distributing the costs. We should look into it."

At which point, Christian said, “There’s no doubt we should look into it.  We discussed it at the last budget meeting and agreed that we should discuss it sometime this year because it would definitely bring down the cost to taxpayers, so somehow, some way if we can do it, yes.”

Council President Charlie Mallow said he didn't favor putting a fee on garbage collection for non-profits. "Non-profits do a lot of good for the city," Mallow said.

The decision: City staff will investigate what other municipalities in the state are doing and bring a report back to council.

A Sheriff's Deputy was forced to destroy an aggressive Rottweiler this afternoon after the dog bit him on the hand.

Deputy Cory Mower responded  to a report of an aggressive dog running at large in the area of 8300 block of Bank Street Road in the Town of Batavia.

When Mower located the dog and approached him, the dog attacked him, biting his left hand, according to Deputy Chief Gordon Dibble.

Mower was heard on the scanner during the incident telling dispatch, "I tried to make friends with him."

After animal control arrived on scene, Mower transported himself to UMMC, where he was treated and released.

The 1:30 p.m. call was the second complaint the Sheriff's Office received today of a Rottweiler running loose in that neighborhood. In the morning, a deputy searched the area but did not find the dog. (The deputy did locate the dog, but was not able to capture it and it ran away. See comments below.)

The Rottweiler reportedly had current rabies tags, but the owner has not yet been identified and the incident remains under investigation.

Interim Fire Chief Ralph Hyde has a simple request: Let him use the newest of the retired city ambulances as an additional emergency response vehicle.

It would carry specialized rescue equipment that doesn't currently fit on the fire trucks and provide an air-conditioned space for overheated firefighters to rest when on scene of fires.

Hyde said with all the equipment stored in one mobile vehicle, instead of lockers in the fire station, the equipment could be deployed to emergency scenes when needed much more rapidly.

Councilman Bill Cox questioned, however, the wisdom of not selling the most valuable of the old ambulances at a time when the city still has $1.3 million in debt.

His suggestion set off a discussion last night that revealed that four of the council members present favored letting Hyde repurpose the ambulance, and four favoring selling it.

Councilman Bob Bialkowski suggested that the city look at selling the ambulance -- which has 50,000 miles on it -- and using that money to buy a new, potentially more suitable, all-wheel-drive vehicle for the fire department.

All members agreed the city should at least explore that idea.

In the past year, the city has applied for five state and federal grants.

Three of the grants -- totaling nearly $2 million in funding -- have been awarded. The city invested a little more than $12,000 on the grant application process.

"That's quite a return on investment," City Manager Jason Molino told the City Council during Monday's conference meeting.

The city has been awarded $411,000 for the Bank Street Project, $1.5 million from RestoreNY for the Masse Gateway Project and $25,000 for records retention.

With two grant applications unresolved, the city is looking forward for more grant opportunities.

Brownfield Opportunity Area: This grant is designed to help governments focus on revitalization strategies, not actual rehabilitation, for under utilized and dormant sites. It's intended to help with development stages between planning and actual redevelopment, such as site assessments and environmental reviews. The program reimburses up to 90 percent of costs and is supposed to foster a private-public partnership in redevelopment. Property owner participation is required. Molino said the ideal area to target is what the city has identified as the Ellicott Microenterprise District as part of the Central Corridor Project. The district extends down Ellicott Street from Evans to Swan. "It takes several uses (commercial, retail, residential) and puts them together, which is what they're looking for," Molino said.

Small Cities Community Development Block Grant: There are two types of grants available in this program. One grant is available for a small city to replace outdated sewer and water systems in low- to moderate-income areas. The other allows for assistance to property owners of low- to moderate-income housing. Molino is suggesting that the city go after a housing rehab grant, but unlike the Jackson Street project of 10 years ago, where the grant program provided loans, the city will pursue a straight grant option. In whatever designated area selected (or citywide), homeowners of low- to moderate-incomes could get grants, or landlords who rent to low- or moderate-income tenants could receive a grant. Up to $400,000 is available for this program. Molino anticipates that individual grant awards to property owners would be in the $10,000 to $15,000 range each. The city could apply to the housing rehab program every year, Molino said. it is competitive though, with only one out of three grant applications accepted. 

Records Management Grant: This year, the city received $25,000 for new shelving and software to convert key data records and city council minutes to electronic storage. This year, Molino said the city should apply for a grant to upgrade water metering and billing systems.

Upstate Blueprint Fund: This is a new state program intended to help communities attract business, improve commerce and revitalize downtown business areas. The program can fund grants and loans for businesses and municipalities. The program funds only 20 percent of a project and would require private business investment.

A van fire has been reported at 7500 York Road in Pavilion. The caller reports her van was being worked on. There is a lot of smoke, but no visible flames.

A dryer fire has been reported at 23 Lake St., Le Roy.  The Le Roy Fire Department has been dispatched.

UPDATE: First responder reports that the fire appears to be out.

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Following an impassioned discussion about a confidential personnel document that was leaked to the local media, apparently by a fellow member of the Batavia City Council, Council President Charlie Mallow said whomever leaked the document violated the trust of citizens and fellow council members and should resign immediately.

There is no way, Mallow said, that the council members can hold another executive session with any degree of confidence that what is discussed in closed session will remain confidential.

Mallow doesn't plan to call any further closed sessions on any matter during the remainder of his term as council president, which is about two months.

"If you cannot protect one of your citizens, protect your staff and follow your word, you don’t belong here," Mallow said. "I would expect them to resign. Absolutely. I don’t know how the citizens of the city wouldn’t expect someone to resign. If you have no integrity and you are not out there to protect the interests of our citizens, what are you doing here? You don’t belong here."

He then added, "That’s how the majority of the council feels. This is a betrayal. It’s a dirty betrayal."

And on the specific issue, Mallow said, the council is now stymied on dealing with it because nobody wants to go into executive session and risk having their statements leaked to the media.

"If there’s potential for further litigation on that matter, I can’t discuss it," Mallow said, "and that's a shame, because it needs to be discussed. It’s important. There’s an important matter there that needs to be discussed."

Mallow said one of his great disappointments is that a citizen who brought forward a complaint to the city with the intention that it be kept confidential was betrayed.

"They wanted the problem solved, not to make a spectacle of things," Mallow said. "They wanted a problem solved and they went to their government to do that and we didn’t. We failed them."

It was Councilman Frank Ferrando who brought the issue of the leak up at the close of Monday night's conference meeting. Ferrando called the leak a betrayal.

"There’s no reason to go behind closed doors if in fact everything can be shared," Ferrando said. "Let’s do it here, because I don’t want someone else telling someone what I said. I’ll say it myself. ...

"I will not go into executive session unless it’s stated clearly in council rules that what happens in executive session stays in executive session."

At one point, Ferrando turned to Daily News reporter Joanne Beck and said, “I want to say to Joanne Beck right now, if I’m the person who disclosed that letter, put it in the paper, I want people to know, because I know it wasn’t me."

Councilwoman Kathy Briggs also released Beck from any confidentiality agreement saying, "I know it wasn't me."

Beck reported the leak, and Mallow's criticism of it, Sept. 25. She disclosed that the Daily News received a copy of a letter accusing City Manager Jason Molino of "unprofessional and unethical behavior." The newspaper did not reveal the name of the letter's author, which Mallow praised as an example of good ethics. Beck did not disclose any other details of the letter or what prompted the complaint. Mallow characterized the accusations leak as a "witch hunt" but would not comment further at that time (regarding correction in this graph, see Charlie's comment below).

Mallow's commentary: Piecing things together, it appears that a member of the City Council called the author of the letter following the closed session and disclosed in some detail what was discussed in the session. That letter writer then contacted at least four council members and discussed the substance of what that person was told. It does not appear that Council member disclosed to Beck any of the closed session conversation. The Council member who called the letter writer may or may not be the same Council member who leaked the letter to the Daily News. I think they are two different people. At least, that's my best speculation as to the sequence of events based on available information.

Audio:

• Frank Ferrando
• Charlie Mallow 1
• Charlie Mallow 2
• City Attorney George Van Nest

NOTE: The two files above were recorded with my computer. The sound quality is just good enough so you can hear what Frank, and George are saying. Charlie was recorded with my iPhone and there is a bit of background noise on the first clip, though Charlie is quite audible. I include Van Nest even though I don't quote him above because his comments are interesting, especially since he notes that council has, as I've said before, discretion on whether to enter executive session on many topics. The council is rarely required by law to go into closed session. It's merely an option.

Town of Batavia FD is on scene at College Village building G (Spruce Hall) for a fire alarm. Response appears to be Rescue, Heavy Rescue, and at least one Chief. The cause of the alarm is not known to me at this time. More info when available.

Update (9:50 PM): This may end up being a non-story as they've already left. Response was Rescue 20, Rescue 24 and appeared to also include two chiefs. The dual-Rescue response has been fairly unusual in the past and that combined with everything arriving in a group led me to believe there might be something confirmed active, but appears to have simply been for the lighting abilities of those rigs. I don't have access to a scanner, so until I hear details from someone all I know is that the FD has been called.