Kimble Taking Janese Case to Attorney General’s Office

Renae Kimble (Top) wants New York State Atty. General Eric Schneiderman (Above) to look into Ted Janese III’s (Below) residency claims.

The effort to have Niagara Falls Water Board Chairman Ted Janese III removed from the board on residency grounds appears headed to a higher court, the office of State Attorney General Eric Schneiderman.

Vice Chairman Renae Kimble has prepared a resolution for the full board’s consideration at Thursday’s (Nov. 20) meeting that requests an independent investigation by the attorney general of Janese’s claims that he lives at 8825 Point Avenue in Niagara Falls despite photographs of the interior of the home that appear to show it is completely vacant.

Under the bylaws of the Water Board, at least three of the five members of the board must be residents of Niagara Falls and Janese is one of the three members who claims city residency. Janese has cast key tie-breaking votes in several board matters in recent weeks, including the appointment of Roger Lance, the husband of a Republican county lawmaker from Wheatfield to a plum $70,000 post as director of administrative services. Janese is a member of the Niagara County GOP Executive Committee.

In the resolution, Kimble alleges Janese “moved from his home at 8825 Point Avenue, Niagara Falls, New York on or about August 14, 2012, when he and his wife purchased and closed on a home located at 1145 Jarrett Drive, Lewiston, News York….”

Kimble further claims that Janese, an attorney and officer of the court, did not notify the board of his change in address, and she wants the Attorney Grievance Committee to investigate Janese for, among other things, engaging “in illegal conduct” that adversely reflects on a lawyer’s honesty and trustworthiness.

Kimble claims that Water Board Counsel John Ottaviano, in writing an opinion upholding Janese’s residency claims, ignored the case law requirement “that a person must be physically present with the intent to remain for a time without any aura of a sham….”

Janese has publicly admitted to recently purchasing a house in Lewiston and that his wife and children live there. But he has stated that he sometimes sleeps on Point Avenue and therefore believes he still meets the state’s definition of residency under election law. He produced a number of public records, according to Ottaviano, supporting his claims of residency.

Asked whether or not Janese would vote on the resolution at Thursday’s meeting given the issue, Kimble said, “I don’t know. But there will be a vote.”

Kimble said she intends to pursue the matter with or without the approval of the resolution by the board and she has hired Buffalo attorney Robert Boreanaz to assist her in the matter.

Several sources have claimed that several top Republican operatives were pushing hard for Lance’s appointment before the vote, including Henry Wojtaszek, a key ally of State Sen. George Maziarz. Both Maziarz and Wojtaszek have denied any involvement.

The bylaws state that a board member who has violated the residency policy would immediately forfeit his position, leaving open to question what would happen to the votes cast by Janese since his alleged move to Lewiston in August.