Published: January 13, 2009 01:16 am      

TOWNS: Shoemaker takes leave from law firm

Edwin J. Shoemaker, who has been the town attorney in Somerset for more than 40 years, has taken personal leave from his law firm in the wake of tax liens the IRS has filed against the Lockport lawyer.

Shoemaker advised the firm Monday. “Effective immediately,” he wrote. “I am taking a personal leave of absence from the firm Andrews, Pusateri, Brandt, Shoemaker & Roberson, P.C. for an indefinite period of time.”

According to the Niagara County Clerk’s office, there is a federal tax lien of $86,000 and a state tax lien of $9,100 in 2008. There are also federal tax liens of $13,662 in 2003. A tax lien of $29,445 in 2000 is recorded against Edwin J. and Jeanne W. Shoemaker of 5653 Wendy Circle. It is not recorded that the liens are satisfied.

The money the town owes to Robert Roberson and Thomas Brandt will be paid to the firm, according to Somerset Supervisor Richard Meyers. The money the town owes to Shoemaker will go to the IRS, he said.

The town board plans a reorganization meeting at 7:30 p.m. today, and the fate of the firm’s involvement with Somerset may be decided.

Meyers and first-year councilman Daniel Engert argued for changes in 2008, and succeeded in cutting legal fees substantially.

While Shoemaker is listed as the town attorney, Roberson intends to represent the firm at today’s meeting. Roberson has been a member of the firm since 1973 and attended all but one of the meetings in the past year.

“There is a long list of reasons to look elsewhere for legal services,” Meyers said. The supervisor said he reviewed bills from the legal fees challenging the AES payment in lieu of taxes and determined that the town paid 50 percent more than the county and 30 percent more than school district.

Barker Central used a Syracuse firm and Niagara County used a Buffalo firm. “We should have been the cheapest,” Meyers said. “We paid 2-to-1 more. We have to take a hard look to see if this firm has done justice to the town.”

A new town attorney will not be named today, but Engert plans a request for proposals. “I want it to be open and very professional, with no preferences,” Engert said. “I’d like to have it out in community as soon as possible. I don’t see the firm being in our future.”

It is not clear when the town’s retainer with the firm expires. There is normally an annual contract, but it was not approved last January. There were revisions made during the year. The terms have been amended and some legal extras are now included into a monthly fee.

“We cut fees dramatically,” Meyers said. The supervisor estimated the firm was paid $600,000 in 2006 and about $60,000 in 2008.

Roberson called the developments an “unpleasant intervention.”

Shoemaker is also listed as the town attorney for Cambria, but Supervisor Wright Ellis noted that the firm of Andrews, Pusateri, Brandt, Shoemaker and Roberson is under contract and the checks are made out to the firm. The supervisor intends to retain the firm.

Brandt and Roberson did legal work for Cambria in 2008. “I think that probably either Brandt or Roberson will lead,” said Ellis, who learned of Shoemaker’s leave of absence on Monday. “The tax thing is unfortunate, but does have not anything to do with the firm.” Brandt also is the legal representative for the Town of Royalton, where Supervisor Richard J. Lang says he is satisfied with the town’s legal representation.

Today’s board discussion may or not be in executive session. Engert and Meyers would prefer an open meeting, and Councilman Doug Chaffee expects a closed session on the topic.

Meyers contacted Robert Freeman, executive director of the state Department of State’s Committee on Open Government, who indicated there might be an option.

“I will not vote to go executive session,” Meyers said. Engert said, “I would consult with my attorney,” and laughed at the unintended irony.

Chaffee, the senior member of the council, has supported Shoemaker. “He’s done a fine job for us,” said Chaffee, who hopes to gather more information.

Contact reporter Bill Wolcott at 439-9222, ext. 6246.