Jun. 4—LOCKPORT — Mayor Michelle Roman's authority to appoint commissioners of deeds is being challenged by Niagara County after a ruling on a local lawsuit.

On May 12, County Attorney Claude Joerg sent a letter to Laura Miskell Benedict, corporation counsel for the City of Lockport, advising that all appointments of commissioners of deeds by the City of Lockport are "invalid, null and void."

Ruling on a legal challenge filed May 9 against Willard Schulmeister, Jr., a candidate for North Tonawanda city council, state Supreme Court Justice Ed Pace determined that Roman's appointment of North Tonawanda Democrat Gail Tylec as a commissioner of deeds was improper — but excusable, and still valid, since Roman was unaware of state law dictating that commissioners of deeds must be appointed by the legislative branch.

Commissioners of deeds are able to carry nominating petitions, anywhere in the county, for candidates registered with a different political party than the one they're looking to be nominated by. An example is a Democratic commissioner of deeds collecting Democratic signatures for a registered Republican trying to get the Democratic nod.

Joerg said in a brief phone interview Tuesday that while no candidate in the 2023 elections would be affected, going forward, the power to appoint commissioners of deeds should not be in the mayor's hands.

"I sent the letter to provide the information that it was illegal according to a Supreme Court judge," Joerg said.

Pace's written decision found that Executive Law Section 139, which says commissioners of deeds are to be appointed by the common councils outside New York City, "may not be superseded by the actions or traditions of a city council or mayor."

Mayoral appointment of commissioners is more than a tradition in the Lock City, according to deputy corporation counsel Jason Cafarella. The city charter expressly provides the mayor with that authority, he said.

"The City's legal position is that the City Charter is valid, as are the Mayor's powers to appoint Commissioner of Deeds pursuant to the same. The unrelated, and non-binding, decision from an elections law case does not alter the City's position," Cafarella stated in a May 22 written reply to Joerg.

Further, he said, the county attorney doesn't get to supersede mayoral appointments.

"You do not have the legal authority to declare the duly appointed City of Lockport commissioner of Deeds as 'invalid, null and void,'" Cafarella wrote. "I welcome any legal authority which permits you, as an attorney for the County, to usurp the powers of the Mayor of Lockport and revoke current Commissioner of Deeds."

According to North Tonawanda Mayor Austin Tylec, commissioners of deeds in his city are appointed by the common council. Tylec suggested Roman's appointments are valid because Lockport is the county seat. Tylec is the son of Gail Tylec.