Ellicott Council Member Brian Davis pleaded guilty to misdemeanor criminal charges yesterday morning acknowledging he used campaign funds for personal expenses. District Attorney Frank Sedita said Davis stole "skimmed" about $2,000 from his campaign fund to pay for personal expenses. Despite this development, Davis, through his attorney, says he intends to stay in office. Wow.
This guilty plea isn't Davis' first transgression, of course, as previous investigations by the Buffalo News have shown Davis to have claimed a college degree he never earned, have unpaid bills and taxes and have a driver's license that was repeatedly suspended for unpaid insurance.
Davis's decision to plead guilty comes just before a grand jury investigation into his financial dealings was set to begin and approximately a week after he was missing from City Hall when investigators showed up to talk with him. This guilty plea doesn't end Davis's legal troubles either, as there is still an ongoing FBI investigation into his involvement with the One Sunset debacle.
Despite Davis's intention to remain in office, there is a legal question as to whether he can. The Public Officers Law and recent precedent (Holt v. Marinelli) hold that a public office becomes vacant when an elected official pleads guilty to misdemeanor related to his/her job that involves "willful deceit or calculated disregard for honest dealings." According to the District Attorney, the Davis case meets that standard, but Davis's legal future isn't in Sedita's hands. Instead, the City's corporation counsel has to provide an opinion so the matter is now left with Mayor Brown appointee David Rodriguez.
As everyone knows, Brian Davis is a Brown ally and one of four council members friendly to the Mayor. Politics won't matter, according to Brown spokesman Peter Cutler, as he told the News "we consider this to be a legal issue and the legal process will play itself out."
Let's just hope either Brian Davis or the City council arrives at theobvious right conclusion quickly.
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This guilty plea isn't Davis' first transgression, of course, as previous investigations by the Buffalo News have shown Davis to have claimed a college degree he never earned, have unpaid bills and taxes and have a driver's license that was repeatedly suspended for unpaid insurance.
Davis's decision to plead guilty comes just before a grand jury investigation into his financial dealings was set to begin and approximately a week after he was missing from City Hall when investigators showed up to talk with him. This guilty plea doesn't end Davis's legal troubles either, as there is still an ongoing FBI investigation into his involvement with the One Sunset debacle.
Despite Davis's intention to remain in office, there is a legal question as to whether he can. The Public Officers Law and recent precedent (Holt v. Marinelli) hold that a public office becomes vacant when an elected official pleads guilty to misdemeanor related to his/her job that involves "willful deceit or calculated disregard for honest dealings." According to the District Attorney, the Davis case meets that standard, but Davis's legal future isn't in Sedita's hands. Instead, the City's corporation counsel has to provide an opinion so the matter is now left with Mayor Brown appointee David Rodriguez.
As everyone knows, Brian Davis is a Brown ally and one of four council members friendly to the Mayor. Politics won't matter, according to Brown spokesman Peter Cutler, as he told the News "we consider this to be a legal issue and the legal process will play itself out."
Let's just hope either Brian Davis or the City council arrives at the
always heartwarming to see a new generation carrying on buffalo's fine tradition of corruption and ineptitude in elected office.
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