Gaughan files suit to compel leg. vote

BUFFALO, N.Y. 9WIVB) - Release: Kevin Gaughan  filed suit in New York State Supreme Court to compel the Erie County Board of Elections to let citizens decide whether to downsize the Erie County Legislature. He will discuss the nature and purpose of the action at 12:30 pm this afternoon, at Old County Hall, 90 Franklin Street, Buffalo, NY.

 

"Our volunteers, along with every Erie County resident who desires a better future, have worked too hard for this vote to let political quibbling take away the opportunity," Gaughan said. "And while I dislike using the courts to affect public policy, my unease with bringing suit is exceeded by my disappointment in the elections board's actions."

 

Last week, the Board of Elections cited a hyper-technical legal deficiency in the physical delivery of the proposition to them by the legislature as grounds for canceling the November vote. Gaughan's action compels the elections board to show why the peoples' will to hold the referendum should not be honored. Gaughan has asked both County Executive Chris Collins and the county legislature to join in his action. (See text of correspondence below.)

 

Working with County Legislator Tom Loughran, in 2008 Gaughan drafted a legislature downsizing local law, and lobbied for its adoption. In 2009, he published a study on county legislatures throughout the nation, which revealed that the Erie County legislature's excessive size and cost is among the largest and highest in the nation. Last year, Let People Decide volunteers distributed information born of this research throughout Erie County, to create citizen support for reform.

 

Gaughan is leading a citizens' movement to downsize village, town, county, and state government. His efforts have resulted in voters in five towns and one village adopting downsizing measures. This year, residents in the villages of Williamsville, Sloan, and Farnham rejected government dissolution. Gaughan plans on advancing his idea to downsize the state legislature in the coming weeks.

Kevin Gaughan sent the following letter to Erie County Executive Chris Collins and Legislators Tom Loughran and Ed Rath.

Dear Gentlemen:

 

On behalf of the taxpayers of Erie County, today I filed a petition in New York State Supreme Court to compel the Erie County Board of Elections (BOE) to place before voters on November 2, 2010 a proposition to downsize the county legislature. My legal action takes the form of an Article 78 proceeding that requires the BOE to show cause as to why the will of the people should not be served.

 

I have great distaste for utilizing the courts to affect public policy. But my unease for bringing suit is exceeded by my disappointment in the BOE's actions, and my commitment to letting voters decide this matter.

 

As you know, for several years I've been engaged in a citizens' movement to let people decide the size and cost of government (www.LetPeopleDecide.org). Utilizing the power of petition, our efforts have caused more government downsizing referenda than any other in New York State.

 

In collaboration with Legislator Tom Loughran - who led the effort among legislature members - in 2008 I drafted a legislature downsizing local law, and attempted to advance its adoption. As legislators Loughran and Ed Rath led efforts to gain support within the legislature, I conducted research on county legislature size and cost throughout the nation. My research revealed that the Erie County legislature's excessive size and cost is among the largest and highest in the nation.

 

For several months, our Let People Decide volunteers distributed information born of my research throughout Erie County to create citizen support for reform. While visiting tens of thousands of residents in their homes, I found considerable support for county

legislature downsizing. And I'm sure that in your constituent work, each of you has found the same level of support.

 

It is this virtually universal yearning for change that compels me to seek reversal of the BOE's action. That the BOE took this step on a hyper-technical basis - the assertion of improper delivery of the text of the proposition - only heightens my determination to right this wrong.

 

My counsel and I have reviewed the BOE's decision, statutes on which it is based, and case law cited in support of their position. I disagree with both the BOE's application and reading of applicable law, and feel that my action has considerable prospects for success.

 

As each of you were quoted in published reports in The Buffalo News that you would participate in any action seeking to overturn the BOE's decision, I respectfully request that you join my lawsuit as co-plaintiffs. Because the BOE chose to wait so long before taking their action, time is of the essence if we are to restore the proposition to the General Election Day ballot on November 2, 2010.

 

I'm grateful for your consideration, and look forward to speaking with you concerning this important matter at your earliest