By Nick Mattera
A conflict of interest has forced town attorney Mark Gabriele to halt any legal involvement the Town of Lewiston has in respect to Chemical Waste Management, according to a letter presented at Monday’s Town Board worksession.
Gabriele, who practices privately at the law firm Harris Beach PLLC., said that out of an abundance of caution he must recuse himself as counsel on any matter relating to CWM, due to the connections between Harris Beach and the Balmer Road waste disposal facility.
“In performing a standard due diligence review, I was advised that the firm has represented Waste Management in other matters in New York state unrelated to the current Lewiston matter,” Gabriele wrote.
Despite Gabriele’s claim, in 2008, Harris Beach conducted analysis on behalf of CWM for its portion of the comments on the state Draft Hazardous Waste Siting Plan. The siting plan was signed off on by Michael D. Mahar, CWM’s district manager and had the stationary of the Harris Beach law firm located in the appendix.
Gabriele said he has never personally represented CWM in any matter, but said he is erring on the side of caution.
At a February board meeting, Dennis Duling, a board member with Residents for Responsible Government, outlined the group’s concerns over Gabriele’s appointment as town counsel.
“Gabriele has a clear conflict with respect to any representation he provides the town concerning any matter that could relate to CWM,” Duling said at the time.
Duling also had concerns with the appointment of Mike Dowd as town counsel, citing his involvement with the Town of Porter and its Host Community Agreement with CWM.
Dowd said he has already addressed the matter with the Town Board and has decided to take a similar route as Gabriele.
“I don’t see that I have an ethical conflict because I have never done work for CWM,” Dowd said. “I have indicated to the town that in my opinion it would be inappropriate of me to represent them on matters surrounding CWM because I have represented the Town of Porter concerning related matters.”
Dowd said the town would have to hire an outside attorney to represent them in any case involving CWM.
Gabriele did not return calls for comment.
