WEST SENECA, N.Y. (WKBW) — A West Seneca town prosecutor has resigned just days after being appointed, after the Erie County District Attorney's Office stepped in and refused to approve the designation.
Residents are questioning how the hire was vetted and why this was not resolved before the town board voted on the appointment on December 22.
Former West Seneca Town Justice Chelsea MacDonald was appointed to the position of town prosecutor. The Erie County District Attorney’s Office later said it would not approve the designation under state judicial conduct rules, which restrict prosecutors from working in a court where a judge is affiliated with the same law firm. It is unclear if MacDonald resigned prior to the District Attorney's decision.
The sudden reversal spilled into public view Monday night, when a West Seneca Town Board meeting turned tense as residents pressed officials for answers about how the appointment moved forward in the first place.
DA Refused To Approve The Designation
Town prosecutors are appointed by town boards, but they cannot prosecute cases unless they are formally designated by the district attorney. In this case, Erie County District Attorney Michael Keane declined to approve the designation of MacDonald, citing New York State Rules of Judicial Conduct that prohibit certain law-firm relationships in town court.
In a statement to 7 News, the District Attorney’s Office said state rules do not allow a prosecutor to work in a court where a judge is affiliated with the same law firm, a safeguard intended to prevent conflicts of interest or the appearance of impropriety. Without that approval, MacDonald could not legally perform the job.
Town Says Conflict Was Reviewed — And Not Disqualifying
West Seneca Town Supervisor Gary Dickson said the town conducted a hiring process, interviewing three candidates for two open deputy town attorney/prosecutor positions.
Dickson said one potential conflict of interest was identified during the process, but town officials were advised by the town attorney that it was not disqualifying. He said the town believed the situation could be mitigated by ensuring the prosecutor would not appear before the affected judge.
Ultimately, Dickson said, the prosecutor resigned "out of an abundance of caution" to avoid any appearance of impropriety.
Supervisor Points to Past Precedent
Dickson also pointed to what he described as a prior, similar situation in West Seneca involving Judges Paul Michalek and Harrington, who worked at the same law firm. Dickson said that when Michalek served as a prosecutor, he did not appear in court before Harrington, and the town viewed that arrangement as sufficient at the time.
The District Attorney's Office has not said whether it would have approved a prosecutor designation under those earlier circumstances, or whether any cases could be reviewed.
Residents Demand Answers as Meeting Turns Tense
The resignation and conflicting explanations sparked frustration among residents, several of whom spoke out during the board meeting.
"When a District Attorney has to step in and shut an appointment down, this is not politics," one resident said. "This is a failure of judgment, governance and respect for the rules meant to protect public trust."
Residents questioned why the appointment was approved before the District Attorney weighed in, and why the town publicly announced the hire before ensuring it could legally move forward.
"I'd like to echo the first speaker's comments about how concerning it is with the conduct about the prior appointment of the town prosecutor," another resident said.
Potential First Amendment violations
Some also criticized the town's decision to disable comments on its official Facebook page announcing the vacancy, arguing it limited public discussion as questions mounted. Town officials said disabling comments was standard practice to direct inquiries through official channels.
Attorney Steven Cohen said that if the Town of West Seneca is disallowing posts from all people, that's constitutionally fine, because it is not discriminating based on content or viewpoint. Cohen is a constitutional and civil rights attorney from Tiveron Law. He explained that the notice stated the post is "limiting" in terms of who can comment, and that if the town limits commentary to include only those who support the town or only those who do not support the town, that would constitute a Constitutional violation.
Attorney Kristen Elmore-Garcia explained that a government entity choosing which posts to limit commenting on can constitute a violation of the First Amendment. Elmore-Garcia is an attorney and partner at the Law Office of John V. Elmore, P.C.
Dickson disagrees with Cohen and Elmore-Garcia's opinions and said that the town is not intending to "limit" public discussion. He explained that there are different avenues for residents to voice their opinions, including other posts and pages.
What Happens Next
The town says it will move forward with filling the vacant prosecutor position.
Meanwhile, the District Attorney's Office says town prosecutors must meet all ethical and legal requirements before they can be designated to handle cases.
As of now, town officials have not said whether the hiring or internal vetting process will be reviewed.
