OLEAN, N.Y. — The optics of hiring an attorney at the center of a sexual harassment probe are not sitting well with the president of the Olean Common Council.
Council President John Crawford, D-Ward 5, said the hiring the legal firm of Shane & Firkel PC — with partner former Cattaraugus County Attorney Eric Firkel — to represent the city as outside legal counsel may damage the city.
Firkel was accused in two complaints of sexual harassment in February, with the county Legislature voting unaimously to forward the investigation of Firkel to the state attorney general’s office.
On Tuesday, Crawford voiced his opposition to hiring the firm, but told the Times Herald on Thursday he originally, along with Alderman Linda Witte, D-Ward 1, brought the matter up shortly after the firm was hired in March.
Noting the council was not informed of the hiring before it was made, “had I been conferred with, I certainly would have voiced my concerns there, as I did shortly after,” Crawford said.
At that time, “the mayor and I disagreed,” Crawford added, noting the mayor did not feel the allegations warranted dropping the firm. “We may not know the details … but a bipartisan, unanimous Legislature voted to forward it on to the state attorney general’s office — that’s telling enough for me.”
He was out of the country for several council meetings this spring, and “I’ve given the mayor and our city attorney an opportunity to remedy my concerns” before bringing them into public discourse.
Firkel resigned as county attorney to run for county legislature in District 7 on Feb. 25 — the day before a law firm hired by the county to investigate the matter delivered a report to legislators. The report said the investigation was sparked by two complaints of sexual harassment filed against Firkel Feb. 19 and 22, but additional incidents involving Firkel and former county Republican Elections Commissioner Mike Brisky were reviewed during the probe. On May 8, the county Legislature referred the investigation into Firkel and Brisky to the state attorney general’s office.
Crawford said that the city hired the firm after the allegations came to light, and “we need to be concerned with our taxpayers and the optics of being associated with any such allegation that could put the city at risk, potentially.
“This is Basic Strategic Management 101,” Crawford said, comparing it to firms like Nike ending endorsement deals following allegations of abuse by celebrities.
“It’s to protect the interests of your organization,” he said, adding that if the allegations are cleared up, he would have no problem having the firm continue on representing the city.
Crawford said that he and other council members are discussing appropriate action, but he has not proposed a resolution to seek a different attorney at the firm or another firm altogether to represent the city.
If proposed, “I would certainly support that at this time,” he said, adding that “it’s just until that time that the state attorney general’s office investigates it. If everything gets cleared up, then that’s another story.
Mayor Bill Aiello, a Republican, supported his support for the decision to hire the firm in early March to help litigate a lawsuit with the contractor for the North Union Street overhaul.
“It was recommended by the city attorney that they have the expertise to help us with that lawsuit,” Aiello said. “Mike Shane is a well-respected member of the community, he’s been around a long time and he’s a respected legal mind … Eric Firkel is a top-notch attorney.
“We’re satisfied” with the work to date, Aiello said. “There’s never been a doubt in our minds.”
The firm is to be paid $175 an hour for work, Aiello said, but has yet to submit a bill.
As far as the allegations, Aiello said he has seen no evidence to not keep the firm.
“Quite frankly, all we’re doing is reading what’s been reported in the Times Herald,” he said, adding he has not been privy to behind-closed-doors discussions at the county seat. “All we know is what’s there — nothing official has come out of Little Valley.
“If something official comes from Little Valley, we’ll reevaluate it,” the mayor said, adding that “due process comes into play here” because of the nature of the allegations.
“We’ll wait and see what happens,” he added.
Firkel is one of four Republicans seeking the party’s nomination on Tuesday for District 7, which includes the towns of Hinsdale, Humphrey, Ischua, Olean and Portville. The other candidates are incumbents James J. Snyder Jr. and Danny Hale, and challenger Kip Morrow. Snyder voted in favor of forwarding the investigation to the state, while Hale was absent from the meeting.
In a statement released after the Legislature’s May vote, Firkel denied the allegations.
“During my tenure as the county attorney, and at no time prior to or after my resignation, did I harass any county employee or any other person,” he said in the statement. “This investigation has been a political witch hunt from its conception.
“This sham investigation would not be happening if I were not a candidate for the county legislature … This kind of witch hunt is the calling card of (legislators) Jim Snyder, Joe Snyder, Dan Hale and Sue Labuhn. False accusations have been spread and I’ve been threatened by Joe Snyder to get out of the race.”
Like Firkel, Crawford is also seeking election this year to the Legislature, running to represent District 8 as a Democrat. However, Crawford said he was not attempting to score political points by broaching the topic a week before Firkel is to face a primary.
“This is purely coincidental, perhaps in the timing,” Crawford said, adding that while it seemed odd for Firkel to leave a job with a salary of around $125,000 to seek a position with a salary of around $12,000, “He’s not my opponent.”
Firkel had interned in the McKean County, Pa., district attorney’s office several years ago, and was a law partner with Stan Pecora in Bradford, Pa., for some time as well.
