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Dunkirk Now Contracting For Legal Services

Jamestown lawyer Elliott Raimondo, seen in this file photo, responded to comments made last week at Dunkirk council.

DUNKIRK — Dunkirk’s legal representation situation was finally clarified recently.

It turns out that Jamestown lawyer Elliott Raimondo, who was city attorney last year, no longer holds the title on his own. Rather, the city is now contracting legal services through his law firm, Raimondo & Sundquist.

Dunkirk firefighter Devin Freitas gets the credit for forcing a spotlight on the issue at a Common Council meeting. Freitas, who said he was representing the city firefighters union, mentioned Raimondo as part of a statement criticizing the city government.

“Far too many times, I have heard that union contracts are bankrupting the city of Dunkirk,” Freitas said. “Poor management and now theft of funds are what I believe is causing the debt in the city of Dunkirk.

“The legal fees raise a question: there is no budget line for the city attorney, it’s $0. He’s working, he’s here tonight. Has a contract been passed by the council, or does everything go to arbitration so he gets paid? I filed a (Freedom of Information Law request), the FOIL was not entertained. I did not get a denial form back within the time allotted and this is why I ask this today.”

Councilwoman Natalie Luczkowiak confirmed later that Dunkirk no longer has a city attorney, “We have contracted services from a law firm which Raimondo is a member of,” she said.

Luczkowiak commented, “The charter states the council has the authorization for the execution of contracts, which we have not seen this particular one. There’s also a law and procurement policy in the charter which includes professional services. We really do need to, going forward, be more on point in that… We need to see and approve any contract going forward, in order (that) we can monitor that.”

Mayor Kate Wdowiasz, who evidently enacted the contract with Raimondo & Sundquist behind the scenes, did not comment about the situation at the council meeting. However, Raimondo offered some statements to the OBSERVER on Thursday.

Raimondo said he had searched his email but cannot locate Freitas’ FOIL request.

“In the recent past, while my employment with the city has been in flux, I have provided other individuals my compensation information or billing statements when FOIL’d, as these FOILs are sent to me by the City Clerk’s office directly,” he stated, in an email to Freitas’ lawyer shared with the OBSERVER.

Raimondo asked for “evidence of this FOIL being filed and I will comply with such at haste.”

He complained, “I find it insulting that the fire union would try and misrepresent my earnings or conflate/put them in the same paragraph with the former treasurer (Mark Woods) who is currently indicted for stealing money from the city. Should the fire union stick by these statements of Mr. Freitas, insinuating that I would defraud the city, I would encourage you and them to file a complaint with the attorney ethics committee of the 4th Department which I have linked here… or contact the local DA’s Office/ Office of the State Comptroller.”

Raimondo commented to the OBSERVER in a separate email: “At the end of the day, the Dunkirk employee contracts are built for a city with the National Grid (power plant) tax revenue in place. Without this tax base, the legacy contracts will be in constant litigation.

“I have worked hard for years to get to where I am, and I take extreme umbrage with the unions, who themselves are a victim of the declining tax base, insinuating that I am greedy or fleecing my clients.”

Over the weekend, Raimondo sent another email — this one stating that Freitas’ FOIL came in, but after the Common Council meeting he spoke at.

Raimomdo declared, “Mr. Freitas lied and misled the public with respect to accusing the administration of not responding to their requests, as he did to members of his own union and the public.”

The fire union “did this for a cheap knock in the press and to the public,” Raimondo continued. “While I believe that things may be worked out with some of the other unions, the fire union leadership, by its own admission, does not want to deal with the city’s debt but would rather pass that to the taxpayer. In the words of Mr. Freitas, ‘it’s just business’ nor is it ‘their fault’ the city’s in debt.”

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