SALAMANCA — The Salamanca Town Board laid the groundwork Wednesday night for how it will proceed in the new year following the death of both its town supervisor and clerk-elect.
During a special meeting at the town hall, the board appointed current Deputy Supervisor Kevin Rider for an additional 30-day term that will begin Jan. 1. The move will allow Rider to continue serving the day-to-day duties of supervisor like paying bills and conducting payroll, and give the board time to appoint a new supervisor. The board also appointed Shelley Bryant to serve as clerk beginning Jan. 1.
Both Bryant and whoever is appointed supervisor will essentially be given one-year terms, as the positions will then be on the ballot this November. Bryant and the new supervisor would be eligible to run to serve the remaining three years of the four-year terms.
“There is a light at the end of the tunnel,” town councilwoman Diana Brodie-Anderson said after the meeting. “It has been very difficult with the loss of our friends and still having to pick up the pieces that were left behind and try to put everything back together.”
Michael and Donna Phillips, who were married for 49 years, were struck by a car and killed Dec. 15 while crossing the street toward the Salamanca Town Hall to reportedly sign paychecks. Michael Phillips, 73, had just been re-elected in November for his third consecutive term as supervisor. Donna Phillips, 69, had just been elected clerk.
The driver, Kevin L. Donaldson Jr., 27, of 10030 Leon Road, Cattaraugus, has been charged with two counts of second-degree vehicular manslaughter, class D felonies, and driving while intoxicated, a misdemeanor.
Michael Brisky and Kevin C. Burleson, the Republican and Democratic election commissioners for Cattaraugus County, respectively, consulted the board at Wednesday’s meeting on the intricacies of replacing the Phillips.
“The law never thought this situation would occur,” Burleson said.
Brisky agreed with the board’s decision to appoint Rider as deputy supervisor for the month of January, noting section 42 of New York state’s town law says a board can appoint a deputy supervisor if the supervisor fails to do so within five days after a deputy supervisor vacancy. Town Justice James Halterman Sr. said while the Phillips had indicated in writing they wanted Rider for deputy supervisor again in 2018, Rider had not yet officially been sworn in before their deaths.
Board members said they already have three or four candidates interested in the supervisor position, and hope to conduct interviews and then make an appointment at their 2018 reorganizational meeting on Jan. 9. The new supervisor would then likely begin Feb. 1 and appoint his or her own deputy supervisor.
“It is kind of quick, but with these situations you’re kind of under fire either way,” Brisky told the board.
Brisky said while there’s “nothing gray” about the supervisor vacancy, the clerk vacancy is “a little bit trickier” because state public officers law says a town clerk must be the one to provide notice of vacancies to the county clerk.
Brisky said some may advise the board to simply wait another month to act, as the law requires an elected public official sign their oath of office within 30 days. Since Donna Phillips is deceased and cannot sign her oath, the clerk position will automatically be deemed vacant Feb. 1.
However, Brisky said he doesn’t think the board has to wait, as outgoing clerk Rosemary Shadden has already notified the county of the vacancy and the Cattaraugus County Board of Elections has already certified this past November’s election results.
“Rosemary has provided the vacancy notice. The Board of Elections certified that there was a winner. You read those together and you have a vacancy,” said Brisky, noting the New York State Board of Elections consulted him on the matter.
Bryant, who was sworn into office along with Rider Wednesday night, currently serves on the town’s Board of Assessment Review. Bryant will be able to choose a deputy clerk after she takes office Jan. 1.
The Phillips were very much on the minds of board members during Wednesday’s meeting, which began with a moment of silence for the couple. A row of condolence cards from other local town boards stood on the justice’s bench right next to the board’s table. A resident in attendance suggested a memorial be created for the Phillips, possibly at the town hall. The board was in favor of the idea and decided it would consult the Phillips’ children.
The board’s reorganizational meeting — and possible appointment of the new supervisor — will be held at 7 p.m. Jan. 9.
(Contact reporter Tom Dinki at tdinki@oleantimesherald.com. Follow him on Twitter, @tomdinki)