Niagara Gazette

October 1, 2008

NIAGARA FALLS: Still waiting for a city attorney

Filling of city’s top legal post remains on hold

By Mark Scheer<br><a href="mailto:scheerm@gnnewspaper.com">E-mail Mark</a>

The selection of a new city corporation counsel remains on hold.

City Council members convened for a special meeting on Mayor Paul Dyster’s proposed 2009 budget on Wednesday but did not take action on the filling of the city attorney’s position.

Following his presentation of the budget to the council, Dyster said he is not yet prepared to submit a resolution on his choice for the post. Dyster said his administration is still working with the preferred candidate on the terms of an employment agreement.

City Council Chairman Sam Fruscione and Councilman Steve Fournier said they are now expecting to vote on a new corporation counsel at their next scheduled meeting, Oct. 14.

Dyster’s candidate of choice is expected to be Robert Restaino, the former City Court Judge who was removed from the bench by the State Commission on Judicial Conduct after he jailed 46 people who were inside his courtroom when he became irate over his inability to locate the source of a ringing cell phone.

Thomas O’Donnell has served as acting corporation counsel since Dyster took office, Jan. 1. A national recruitment search to fill the position apparently yielded no qualified applicants or candidates willing to accept the job.

Fruscione has said that the mayor’s preferred candidate has the full support of the City Council.