Published: June 06, 2008 12:12 am            

NIAGARA COUNTY: Ethics board clears Engert of any wrongdoing

A Town of Somerset councilman accused of using his position at the Niagara County Jail to solicit campaign support from a co-worker has been cleared of any wrongdoing by the county’s Board of Ethics.

Somerset Councilman Daniel Engert, a captain in the corrections division of the Niagara County Sheriff’s Department, was the subject of an ethics complaint filed in December by fellow jail employee, deployment Sgt. Thomas Drehs. In his complaint, Drehs charged that Engert violated provisions of the county’s Code of Ethics by encouraging fellow employees to buy tickets for a campaign fundraiser while on the job. He also suggested that Engert allowed his brother, who is also a member of the force, to collect overtime even though he is contractually barred from doing so.

In its decision, the board concluded that the initial request for funds was not made by Engert, but rather by a third party. As a result, the board found no basis in Drehs’ allegation that Engert violated the code of ethics, which prohibits political campaigning on county property. In addition, the board determined that the “generalized allegations of attempts to influence the giving of a political gift” were not substantiated by witnesses who testified on Engert’s behalf during two separate hearings.

Reached by telephone Thursday, Engert said he was pleased by the board’s decision and thankful for the support he received from his colleagues and community members.

“I just want to move forward and put it behind me and get back to the business I’m doing,” Engert said.

The board heard testimony from witnesses during closed-door hearings on April 29 and May 5. The May 5 hearing was attended by three of the five members of the commission who heard testimony from Sheriff’s Department employees — Sgt. Bill Schiavitti and Major John Saxton — who spoke on Engert’s behalf.

Engert was also joined at the proceedings by Sheriff’s Department Capt. Kevin Payne, Niagara County Legislator John Syracuse, R-Newfane, and Town of Somerset Supervisor Richard Meyers. At the time, Engert’s attorney David Jay said only Schiavitti and Saxton provided testimony to the commission and the others attended only as a show of support for Engert.

Drehs did not provide any witnesses of his own.

In his original complaint, Drehs said he received a telephone call from an unidentified co-worker who told him it would be in his “best interest” to purchase a ticket to an upcoming Engert fundraiser. As part of his complaint, Drehs attached a hand-written note that he said Engert gave him to thank him for his $25 contribution. The note said the money would be used to buy “signs and was signed “Dan.”

According to the board, witnesses in the case denied any acts or conduct that “could be reasonably perceived as political influence or pressure.” The board also found that the evidence was “inconclusive” as to the “allegation of physical receipt” by Engert of the donation at the time in question.

On Thursday, Engert described the “fundraiser” as more of a picnic. He said the event was put together by a few of his co-workers and said the money raised was used to cover the cost of food, although he said organizers did donate a portion of leftover proceeds to him.

Engert admitted Thursday that he did indeed receive $25 from Drehs, whom he said came into the jail on his day off to personally deliver the money. Engert said he told Drehs to give the money to Schiavitti — the organizer of the event — and only accepted it after Drehs refused to honor his request. Engert said a supervisor on duty at the time witnessed the exchange and testified as such to the Ethics Board.

“I didn’t know he was coming in,” Engert said. “I didn’t ask for it.”

As for the note, Engert said he did write it and give it to Drehs. He added that he sent similar thank you notes out to other people who attended the function.

“I don’t feel that it is unethical to be appreciative and say thank you,” he said.

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

        

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