CHEEKTOWAGA, N.Y. — An attorney representing union highway department employees in the Town of Cheektowaga will be going before the town board Tuesday evening.
He will speak about what he says is the use of those taxpayer-paid workers on a private property project.
Like any attorney presenting his case, Paul Weiss has exhibited as he points out, "You can see this truck - our truck - the town truck getting ready."
But the pictures, which Weiss says a member of the public gave to the union, will be shown to Cheektowaga Town Board members and the public through the regular Tuesday evening board meeting. Weiss, who represents the Town of Cheektowaga Employees Association, says the images are of Cheektowaga Municipal Truck 50 with its boom and bucket being used back in 2020 at a private professional medical practice on Borden Road. Then he notes, "Just May 26 of 2022 it was done again. So we did a further investigation and our investigation determined that it's been done every year since 2018."
Weiss adds, "Actually it's very patriotic but the trouble is - it shouldn't be done for a private individual. What you have is a light was put on the flagpole on the top and it lights up at night. You can't do that with public personnel." Weiss also says the issue was reported to the town's Employee Relations Department but so far there has been no real response.
Weiss contends that private project actually violates state mandates. Weiss says, "There are specific provisions under the constitution that says - that you can't do that."
We checked the New York State Constitution. Article 8 Section 1 states "No county, city, town, village or school district shall give or loan any money or property to or in aid of any individual, or private corporation or association, or private undertaking," And a Municipal Law Journal adds this interpretation "A town is not authorized to use its highway department employees to perform non-municipal work on private property for the benefit of the property owner even when the town will benefit from such work."
So 2 On Your Side went to the Town Highway Department Tuesday afternoon and was initially told Superintendent Mark Wegner and Deputy Superintendent Charles Markel were not in. Moments later Superintendent Wegner called back. He declined an on-camera interview Tuesday and then said he may do an interview on Wednesday after our story aired.
Wegner went on to claim the employees union is upset they have not had a contract worked out over the past two years and they are in turn defending an employee charged with a DWI.
But when asked specifically about the use of town vehicles and staffers for any private property work including this flagpole repair, Wegner said he would help any town resident who needed help if town trucks were on public streets and that this particular assignment went on for years. He says the town provides such help during a disaster affecting town residents and he did not see a distinct difference in this case involving this private property.
He also defended Markel who he hired in 2018 for $85,000 thousand dollars after Markel gave up his town council seat and after Markel admitted he applied for unemployment benefits without listing his 20 - thousand dollar town council salary. Wegner told 2 on Your Side at the time that the job for his Deputy Superintendent was not posted and that "I could go to the zoo and get a gorilla and put him in that position." He added, "He is qualified for the position and he's gettin' it." Wegner says he tried to apologize to taxpayers and the public for saying that a gorilla could do the job.
The union maintains this is not about politics or labor negotiations but to protect their employees and taxpayers.