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Published: January 02, 2008 11:43 pm    print this story  

CITY OF TONAWANDA: Judge comes under fire

By Dave Hill/hilld@gnnewspaper.com
The Tonawanda News

In local politics, judgeships don’t exactly garner much attention. And how many residents can name the No. 2 judge in their municipality?

But some people in the City of Tonawanda have taken notice of the man Mayor Ronald Pilozzi recently appointed to serve as acting judge, behind City Court Judge Joseph J. Cassata.

That man is Tonawanda attorney and former city Republican committeeman Mark Saltarelli, who replaced Democrat S. Michael Rua on Tuesday. The six-year, part-time term pays $54,400 annually.

Some city residents have questioned Saltarelli’s character, stemming from a heated election season more than a decade ago — and some other incidents since — when Saltarelli was charged with misdemeanor aggravated harassment and attempted coercion.

Saltarelli is a 27-year member of the Bar Association of Erie County, and is an attorney in good standing, according to the New York State Supreme Court Appellate Division Fourth Department in Rochester, which oversees Erie County.

The charges in 1995 were the result of revelations that Saltarelli allegedly tried to blackmail then Republican committee chairman Bob Gregg into endorsing his candidacy for city attorney by saying he would expose the fact that Gregg and his wife Susan owed $485 in state taxes from 1993.

Moreover, in seeking an endorsement, Saltarelli reportedly told Democratic party officials that he would leave the GOP if he received the Democratic endorsement for the job.

Saltarelli was acquitted of the charges following a non-jury trial in May 1995. In his verdict, then city Judge David G. Jay called Saltarelli’s actions “coward(ly),” “impudent,” “arrogant” and “mean-spirited,” albeit not categorically criminal. Jay also demanded that Saltarelli publicly apologize to the Greggs.

“It’s a very serious criminal accusation against a leading member of the community, and the case raises not only criminal issues but issues of ethics and character,” said Jay, who now serves as Tonawanda’s deputy city attorney. “It is a very troubling case and should be viewed by everyone seriously.”

Saltarelli continued to be involved in Tonawanda politics. He ran unsuccessfully two years ago against 3rd Ward Democrat James Kossow. Because of his appointment, he had to resign from the city’s Republican Committee.

The mayor acknowledged that his selection of Saltarelli was politically-motivated, but Saltarelli does also have the qualifications for the job.

Rua, who is a Democrat, served the city well, Pilozzi said.

“(Rua) is a good guy. I have no bone to pick with him.”

Pilozzi praised Saltarelli’s work in the community. “He’s very committed to and active in the community. He does pro bono work at the senior center every week.”

Saltarelli currently serves on the city’s Community Development Agency and is president of both the Quality Students of the Tonawandas and the board of directors of the Franciscan Center. Moreover, he’s the secretary of the Historical Society of the Tonawandas Board of Trustees, and is past president of the Kiwanis Club of the Tonawandas and the Tonawanda Club.

In his remarks during Saltarelli’s swearing-in ceremony, friend John Crainer said Saltarelli is the “perennial Grand Poobah.”

Despite those credentials, some residents will see Saltarelli as a controversial figure, partly because of the field he’s in and also because of the “full-throttle” approach he takes to anything he works on, Pilozzi said.

“Politics is what it is,” he said. “The people who make big issues out of stuff like this are usually political people to begin with.”

Fourth Ward Councilman Rick Davis said he has received some phone calls and e-mails from residents questioning Saltarelli’s appointment. The council sent Pilozzi a letter in November supporting Rua’s reappointment.

However, the decision is strictly up to the mayor, as per the city charter. “We as a council have no say in this,” Davis said. “Under the charter, the mayor is allowed to make the appointment whether we like it or not.”

Saltarelli’s alleged misdeeds aren’t limited to 12 years ago, some say.

Susan Gregg, who ran against Saltarelli for city clerk in 1993, says she is convinced he was behind the campaign mailing from 4th Ward Common Council candidate David McCormick, in which Davis’ Social Security number was revealed.

She believes that only an attorney would have access to such personal information.

“Leopards don’t change their spots,” she said. “It’s a travesty to the city. He does not have an honest bone in his body.”

Other residents called the Tonawanda News regarding Saltarelli’s appointment. However, their comments could not be used because they would not provide their names.

Saltarelli said he did not want to comment on the allegations publicly because he is a sitting judge and it could be a possible conflict of interest if he were to see any of these people in court.

Contact reporter David J. Hill at 693-1000, ext. 115.

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