Former mayor Michelle Roman’s December appointment of dozens of commissioners of deeds has been declared illegal by new Corporation Counsel David Blackley.
In a Monday letter to the Union-Sun & Journal and WLVL-AM radio, Blackley stated that he has written to 42 individuals advising them to “cease and desist” their role as commissioners of deeds. Holders of the office are empowered to certify the nominating petitions of candidates for public offices, among other duties.
Blackley’s declaration is based on a spring 2023 ruling from state Supreme Court invalidating Roman’s appointment of Gaily Tylec of North Tonawanda as a commissioner of deeds. Justice Edward A. Pace found that mayoral appointment of commissioners of deeds is a violation of state Executive Law Section 139. The law says commissioners of deeds are to be appointed by city councils.
While the nominating petitions carried by Tylec were upheld by Pace, because Tylec was unaware of the violation, Niagara County Attorney Claude Joerg picked up on Pace’s underlying ruling and put the City of Lockport on notice that the mayor and Common Council must follow the state law in future appointments of commissioners of deeds. Joerg said he sent a letter to then-Corporation Counsel Laura Miskell-Benedict stating such on the day of Pace’s ruling.
Joerg said his letter never got a response from Miskell-Benedict and when Roman’s appointment lists were sent to the Niagara County Clerk’s office for certification, Joerg advised the clerk’s office to refuse them and the clerk’s office did just that.
On Dec. 13, by a 6-0 vote, the Common Council approved a resolution “ratifying” 20 of Roman’s picks for commissioners of deeds. The resolution sponsored by then-at large alderman Lisa Swanson Gellerson, cited an “inconsistency” in state law and the city charter, and a 1966 opinion by the New York State Attorney General that found when the state and local laws on commissioner appointments are in conflict, the conflict should be resolved in favor of the city charter.
“Whereas, the Mayor continues to have the unilateral ability to appoint the Commissioner of Deeds pursuant to the City Charter,” the resolution stated in part, “now therefore be it resolved, that the Common Council agrees that the mayor has said powers of appointment pursuant to the Charter and it ratifies said appointments insofar as they have any ability. to approve of the same.”
In declaring 42 of Roman’s appointments illegal, Blackley pointed out that the state Executive Law also says commissioners of deeds are to be appointed in November of even numbered years.
“I know everyone wants to call ‘politics’ but the commissioner of deeds figures pretty heavily when you go to petition and things like that. It’s a part of the political process and the county wouldn’t accept them. They told us they weren’t accepting them,” Blackley told the Union-Sun & Journal in a follow-up interview. “This is just a compliance issue.”