The Post-Standard

Wednesday, December 12, 2007

Judge will inspect nonprofit's checkbook, register

By John Stith
Staff writer

Both sides have agreed to allow acting state Supreme Court Judge Mark H. Fandrich to inspect the checkbook and register of a local nonprofit agency to see if the agency gave money to a county department head.

Fandrich said Tuesday that County Attorney Frederick Westphal, representing the county Board of Ethics, and Norman Chirco, representing Therese Wasilenko, president of the National Alliance on Mental Illness, agreed to the review.

The Board of Ethics subpoenaed Wasilenko in September to have her produce the checkbook at a hearing looking into allegations that the Alliance improperly gave money to Cayuga County Mental Health Director David Blair. Wasilenko refused.

Westphal and Auburn lawyer Riccardo Galbato, who was representing Wasilenko at the time, were in court last week to argue whether Wasilenko could be forced to appear before the Ethics Board. Fandrich offered to review the checkbook and register in private.

Fandrich said he has told Westphal and Chirco to return to court Tuesday, and he wants Westphal to explain - in private - what the Ethics Board thinks is in the checkbook.

John Stith can be reached at jstith@syracuse.com or 253-7316.