Waste Management’s relationship
with two board members from New York town questioned
Sardinia, NY— John N. Blair, Esquire acting
on behalf of two residents of the Town of Sardinia has filed a Petition
in the State of New York Supreme Court, County of Erie to compel
the examination before trial of Carla Fuller and Matthew Mumbach,
two Sardinia Town Board members.
According to Attorney Blair, the Public Integrity
Unit of the New York State Attorney General's Office has confirmed
that a file has been opened to investigate Sardinia Town Board members'
relationships with Waste Management and previous CID landfill owner,
Richard Penfold.
According to the State of New York Attorney General's
office website, The Public Integrity Unit brings civil and criminal
actions to vindicate the public's interest in honest government
and the integrity of governmental officials at the state and local
level. Specifically, the Unit handles complex investigations into
government corruption, fraud and abuse of authority.
According to Mr. Blair, "The investigation
was prompted by a letter to the Attorney General highlighting Ms.
Fuller's appearance in a marketing video promoting Waste Management."
Sardinia Town Board members, Matthew Mumbach and
Carla Fuller were in charge of a committee which changed the Town's
proposed Comprehensive Plan, wrote zoning to accommodate a landfill
expansion and executed a host municipality agreement. The Petition
seeking to depose Mumbach and Fuller alleges that "one or more
residents of the Town has been contacted by the New York State Attorney
General's Public Integrity Unit and a preliminary investigation
is underway regarding the relationship between WMNY (Waste Management
of New York), the Town, and certain of the Town's Board Members."
The Petition further alleges that Mumbach, Fuller
and possibly others have failed to protect the health of the residents
of Sardinia by not enforcing the Host Municipality Agreement (HMA).
The HMA states that WMNY will "operate the landfill in all
respects in compliance with all applicable local, state, and federal
laws and regulations". The Petition continues to allege that
"the landfill is a public nuisance to the residents of the
Town in that it produces noxious odors and toxic gases that are
a serious threat to the health and well being of the Town's citizens."
Neither the Town of Sardinia nor the Town's insurance
company will defend the two officials with respect to the claims
made in the Petition. Waste Management's law firm, Harris Beach,
PLLC of Exchange Street, Buffalo, has decided to represent Mumbach
and Fuller. |