A Tale of Two Elected Officials
Oct 08, 2015 |
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In Western New York, it may not be what you do, but who does it that counts. Take for instance two elected officials – Steven Richards, the former supervisor of the Town of Niagara, and Mark Wegner, the present Highway Superintendent of the Town of Cheektowaga. Both allegedly did something remarkably similar – used town resources for their personal gain. Richards, a Republican, was prosecuted by the New York State Attorney General Eric T. Schneiderman, a Democrat. Wegner, a Democrat, with close political ties to certain Buffalo and Albany Democrats, was not. Richards owned Richards Automotive and succeeded his father, Calvin, both professionally and politically. Calvin started the family automotive business in 1957 and also once served as town supervisor. As supervisor Steve Richards was paid $35,960 per year. His wife worked as a janitor at Niagara-Wheatfield School. For 19 years, Richards declined all campaign contributions and campaigned using only his own money. First elected in November 1995, Richards has been elected supervisor more times than any person in the town’s 201-year history. He ran without opposition in his last election. In October 2013, Richards was charged with a 28 count indictment, following a two year investigation by the Joint Task Force on Public Integrity, a cooperative effort between Attorney General Schneiderman’s and State Comptroller Thomas DiNapoli's offices to "root out public corruption and maximize the resources of each office." The original 28-count indictment alleged that, from March, 2002, until March, 2012, Richards committed 10 illegal activities involving theft of goods or services from the Town of Niagara. The indictment stated: 1. In 2002, Richards stole, and then possessed for 10 years a shotgun belonging to the Town of Niagara Police Department. 2. In 2002, Richards used Town of Niagara labor and equipment to reconnect a storm sewer line on his business property. 3. In 2007, Richards stole several gallons of paint from the town. 4. In 2007, Richards directed town employees, using town equipment, to get a sign and signpost owned by the town brought to his business to be installed there. 5. In 2010, Richards used town labor and equipment to pick up a catch basin in Lancaster, New York, and deliver it to his business. Richards paid for the basin. 6. In 2010, Richards used town labor and equipment to take a drill from his business to a repair shop and bring it back to Richards’ business. 7. In December 2010 to on or about February, 2011, Richards used town money to pay for a Christmas ad for the defendant’s personal benefit. 8. In 2011, Richards stole gravel (screenings) owned by the town and used town labor and equipment to deliver the gravel to his business. 9. In 2011, Richards stole grease and waste line cleaner owned by the town and used town labor and equipment to clean the drain and waste lines at his business. 10. From late 2011 to early 2012, Richards used a Honda generator owned by the Town of Niagara Police Department, without authorization. In the aggregate, according to the government, the 10 thefts totaled $1240 or $103 on average per year over the 12 years he was accused of taking these town goods and services. Richards told the Reporter when he was indicted, "I am innocent of all these allegations. And I will go to the death defending the Richards name. I have proof of everything. And I can tell you this: I will never say I did something I did not do. I'll never retire under a cloud. I will defend my name - to the death." Schneiderman, however, in a press release announcing the charges, rebutted, saying, "People elected to positions of trust must be held to the highest standard, and those who abuse an office to line their own pockets will face the full legal consequences of their crimes." DiNapoli, a Democrat, added, Richards "treated the Town of Niagara like a private hardware store... and must be held accountable for this wrongdoing." The 28 count indictment technically charged Richards with one count of defrauding the government, two counts of grand larceny in the fourth degree, one count of criminal possession of stolen property in the fourth degree - all class D felonies - as well as 11 counts of petit larceny and 13 counts of official misconduct - all misdemeanors. He faced a maximum of 2 and 1/3 to 7 years in state prison if convicted of the highest charge filed against him. During the next six months, the case moved toward trial. Jury selection in the trial had been set for May 2014. More than 30 witnesses had been subpoenaed to testify for the state. The trial judge Christopher Burns made it clear to Richards' defense team that, in the event of his conviction, it was likely Richards would be sentenced to serve time in prison. At the last minute, Richards, who told the Niagara Falls Reporter that the case cost him more than $60,000, draining him of most of his life savings, decided to take a misdemeanor plea deal. On May 2, 2014 Richards resigned as supervisor. On May 5, 2014, A.G. Schneiderman offered a press release with the headlines: “A.G. Schneiderman Announces Guilty Plea Of Town Of Niagara Supervisor “Steven Richards To Resign Immediately And Make Full Restitution of $1,240.37. The Schneiderman press release read in part: “NIAGARA - Attorney General Eric T. Schneiderman today announced the conviction of Steven C. Richards and his immediate retirement as Town of Niagara Supervisor. …. Sentencing is scheduled for July 14th. "Steven Richards has admitted that he misused his position and used town resources to benefit himself personally, abusing both his office and the trust placed in him by the public," Attorney General Schneiderman said. “With Richards’ retirement and guilty plea, we have ensured that hardworking Niagara families will no longer have to pay for their town supervisor’s personal use of town property and resources." In the end Richards admitted to one “theft” – that he used Town of Niagara workers on town time in Town of Niagara vehicles to pick up and deliver a catch basin (which he paid for) to his business, Richards Motor Service. Richard pleaded guilty to official misconduct, a class A misdemeanor before State Supreme Court Justice Christopher J. Burns in Niagara County Court. In July Richards was sentenced to three years of probation. State Atty. Gen. Eric Schneiderman said Richards will make "full restitution" and Richards did, writing a check payable to the town in the amount of $1,240.37. In the end, Richards, admitting to the sole theft, told the court, "I used my authority as Town of Niagara supervisor to obtain benefits for myself." Now contrast the serious prosecution of Richards with the treatment of Cheektowaga Town Highway Superintendent Mark Wegner. Wegner came under scrutiny when the Cheektowaga Town Board ordered an investigation into his alleged or potential misuse of town goods and services. The Board retained the Buffalo Law Firm of Philips Lytle to conduct an internal investigation on Wegner’s alleged improprieties regarding payroll and other practices. While the report was not made public - the board discussed the results of the investigation –in executive session - the council voted to send the report to the State Attorney General Eric Schneiderman's Office, asking him to conduct an investigation into Wegner’s activities. The results of the report that was forwarded to the attorney general– and from which the Reporter obtained under a freedom of information request - revealed that “from January 1, 2011 through September 14, 2014, the Deputy Highway Superintendent claimed and was paid compensatory time totaling 742.5 hours representing an overpayment of $28, 591.41.” “The investigation revealed that the Highway Superintendent authorized road millings to be gifted to the Lancaster Country Club, where he was then a member… several departments allowed employees to borrow town tools and equipment. The Deputy Highway Superintendent however, extended this liberty to arranging for a town employee to deliver a skid-steer to his residence.” According to the report, Wegner literally gifted himself almost $30,000 in overpayments over a four-year-period, signed off on time not worked by employees under him, used town supplies and equipment worth thousands for his country club and private residences which all told was 50 times higher than Richards’ alleged theft. Richards used $1240 in public goods in services and got a 28 count indictment and plead to a deal with three years probation and his resignation. Wegner on the other hand is apparently in the clear. The attorney general wrote to the town of Cheektowaga on March 31, 2015, “On behalf of Attorney General Eric T. Schneiderman, the Public Integrity Bureau has carefully reviewed your correspondence and determined that your complaint does not warrant action by the office at this time.” Case closed. One man used town employees to pick up a catch basin which he paid for. The other paid himself $28,000 more than he was entitled to and gifted thousands of dollars in town services to his friends for his personal gain- according to a well vetted report by a respected law firm. But there was no interest in investigating this apparent loss of town resources. One was a Democrat, one a Republican. It’s not what you do, it’s who does it in this part of the country, perhaps in all parts of the country - be assured of that.
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