Author: Thomas J. Prohaska/ Buffalo News
Daniel Rivera, chairman of the Niagara County Democratic Party, is trying to keep the heat on County Legislator Andrea L. McNulty over allegations that she has moved out of her district.
McNulty continued to insist she lives in North Tonawanda, even though her husband bought a house in Pendleton last fall and an eyewitness, who also happens to be chairman of Pendleton’s Democratic Party, said she resides there.
Under state law, an officeholder required to live in a particular district forfeits the office by moving out.
McNulty, a registered Democrat who votes with the Legislature’s Republican majority, represents the 9th District in western North Tonawanda. Pendleton is part of the 7th District.
Rivera said Friday he was “examining all our alternatives” for ways to eject McNulty from office.
Democratic Election Commissioner Nancy20L. Smith said the state Board of Elections had told her that County Clerk Wayne F. Jagow would have to issue a letter declaring the office vacant.
But as of Friday, the clerk’s office had received no request to do so. County Attorney Claude A. Joerg said no one had asked him to research the matter, either.
Rivera issued a statement Friday saying, in part, that “McNulty has failed to address the issues relating to her child’s schooling.”
James A. Sacco, who lives near the Pendleton house, said last week that when he chatted with McNulty as she walked past his home May 2, she mentioned that she lived on Colony Court in Pendleton and drove her son to school in North Tonawanda.
“If the child attends North Tonawanda public schools, [McNulty] should be paying the North Tonawanda School District for his attendance,” Rivera charged. “If correct, McNulty is perpetrating a fraud against the North Tonawanda School District as well.”
When The Buffalo News e-mailed that to McNulty, she fired back, “As I have said repeatedly, I own and reside at my home at 28 North Jesella [Drive] in the City of North Tonawanda. My son attends school in the North Tonawanda School District. I do not have to pay any tuition reimbursement for a district in which I live.”
Rivera also disputed McNulty’s assertion Friday in The News that she has never had legal representation fro m Harris Beach, the law firm that employs Henry F. Wojtaszek, chairman of the Niagara County Republican Party.
Rivera produced copies, obtained in the county clerk’s office, of a power of attorney and a mortgage McNulty filed last October on behalf of her brother.
“In both matters, she was either represented or assisted by Harris Beach, contrary to her assertions,” Rivera said.
McNulty wrote in an e-mail to The News: “Harris Beach NEVER represented me in any way. My brother Michael T. McNulty bought a home in the Town of Wheatfield. The closing date that was scheduled for his home was during a time when he was called to duty for the military.
“For the closing of my brother’s home, he gave me power of attorney and asked me to finalize the home purchase. My 9- year-old son and my brother who was called to duty should not have to be exposed to these accusations.”
The News asked McNulty by e-mail if she planned to seek reelection this year. She did not respond to that question.
