Published: April 30, 2008 01:19 am            

NIAGARA COUNTY: Engert ethics investigation on hold

The Niagara County Ethics Commission wants to hear more testimony before rendering a decision on allegations that a Town of Somerset councilman violated the county’s code of conduct by soliciting campaign contributions while on duty at the county jail.

Following a hearing on Tuesday in Lockport, commission members agreed to adjourn their review of the case until next week to allow the accused — Somerset councilman and sheriff’s department employee Daniel Engert — additional time to present more witnesses. The commission is scheduled to reconvene at 6:30 p.m. Monday at the county courthouse.

Engert, a captain in the sheriff’s department’s correction division, stands accused of soliciting contributions for his election campaign while on the job. An ethics complaint filed by fellow county employee Thomas R. Drehs, a deployment sergeant at the jail, alleges that Engert used the influence of his supervisory position to drum up support for his own campaign fundraisers.

Three of the five members of the Ethics Commission attended Tuesday’s hearing where Engert and Drehs were allowed to present their respective arguments. Commission hearings are closed to the public and the news media. All three commission members and the commission’s counsel, assistant Niagara County Attorney R. Joseph Foltz, declined comment following the evening session that lasted more than an hour.

Engert also declined comment.

His attorney, David Jay, said only that he’s confident the allegations against his client will ultimately be dismissed.

“We’ve responded in the hearing, and that is where we are going to respond,” Jay said.

In addition to Jay, Engert appeared at the hearing with the president of the Deputy Sheriff’s Association, Nicholas Converso, Sheriff’s Department Captain Kevin Payne and Niagara County Legislator John Syracuse, R-Newfane.

Syracuse said he attended the hearing as a show of support for his friend, Engert, whom he described as a “stand-up guy.” Syracuse said he asked to attend and was invited to do so by Engert’s attorney. He indicated that he did not provide any testimony to the commission during the hearing.

Drehs attended Tuesday’s hearing with his wife and was not represented by an attorney. He offered no details about what took place during the hearing, saying only that he stood by his claims and what he told the commission was the truth.

“We’ll find out next week,” Drehs said. “We are going to meet again. We’ll see.”

In his complaint, Drehs alleges that Engert, a Republican who ran in both the primary election in September and the general election in November, thanked him verbally and in writing for buying a $25 ticket to his campaign fundraiser. Drehs insists that he was encouraged to make the contribution by another jail employee who told him it would be in his “best interest” to do so. As part of his complaint, Drehs submitted a copy of a hand-written note that he says he received from Engert who thanked him for the money and told him it would be used to buy campaign signs.

Under the county’s Code of Ethics, county employees and officers are prohibited from doing campaign work on county property or attempting to coerce co-workers into donating money or time to political parties, fundraisers or candidates.

Drehs has also accused Engert of “nepotism,” saying the captain allowed his brother, Sgt. Darren Engert, to collect overtime even though employees in his position are contractually barred from doing so.

Contact reporter Mark Scheer at 282-2311, ext. 2250

        

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