Date: May 21, 2009 6:12 AM
Author: Mark Scheer/ Niagara Gazettee

— Ninth District Niagara County Legislator Andrea McNulty, D-North Tonawanda, announced Monday that she intends to remain in office for the remainder of her term, but will not seek re-election this fall amid a flap over her true place of residence.
McNulty, a registered Democrat who caucuses with the Republican-led majority, came under criticism last week after the chairman of the county’s Democratic Party accused her of committing fraud by living outside the district she represents.
Democratic Party Chairman Dan Rivera has charged that McNulty has for months lived with her husband, Randall Klyczek, in a home purchased by Klyczek in the Town of Pendleton. His accusations, if true, would violate a section of the public officer’s law that requires office holders to reside in the communities where they have been elected.
In a statement released to the media Monday afternoon, McNulty continued to maintain that she is a taxpayer in the City of North Tonawanda. She also insisted that her decision to forego re-election has nothing to do with the residency controversy, which came to light late last week.
“There are many personal factors for me and my family that weigh into my decision, not one of which is my residency in North Tonawanda,” McNulty said. 
In her statement, McNulty said she got involved in local politics in an effort to promote change in the community. She said she was disappointed by the “nasty political attacks” and “gotcha politics” surrounding the residency controversy.
“It is because of these mean-spirited, personal and destructive tactics used in politics today that good people with new and fresh ideas do not get involved and run for office,” she said.
She repeated her claims that, while her husband does own a home at 6004 Colony Court in Pendleton, she continues to reside at her own place at 28 N. Jesella Drive in the City of North Tonawanda. 
“I will agree that we currently have a non-traditional family living arrangement,” she said. ”But I, just like my constituents, am a North Tonawanda taxpayer. I pay my taxes, my utility bills and my mortgage.”
McNulty also suggested Rivera’s claims had something to do with her gender.
9 CI dare say that if I was not a female, that the issue of me answering the door in my bathrobe would not have been printed,” she said.
Rivera pointed to that statement — a reference to a section of an affidavit from Pendleton Democrat James Sacco Jr., who swore under oath that McNulty personally told him she lives in the town — as more proof that the Ninth District legislator no longer lives in the Ninth District.
While McNulty said she intends to finish out the remainder of her term, Rivera said members of his committee are continuing to investigate the process under which she could be forced to step down due to the alleged residency violation. He also believes McNulty should reimburse taxpayers for pay she received during the months he claims she lived with her husband in Pendleton.

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