Chautauqua County District Attorney Patrick Swanson has faith that those who work in his office will be able to cover the work First Assistant District Attorney Michael Flaherty would normally do after the ADA was ruled “unqualified” to serve in his position by Judge David Foley at a hearing Nov. 30.

“It’s a difficult set of circumstances right now,” said Swanson, who noted Flaherty is not currently earning his salary since the hearing.

Flaherty was ruled unqualified due to a residency requirement in the state that details how county attorneys must reside in the county in which they serve. Some counties have received an exemption from this rule, something Swanson was pursuing for future ADA hires.

His plea was rejected 12-5 by the Chautauqua County Legislature in November.

For those in Swanson’s office who already reside outside the county, like Flaherty and two other attorneys, they are trying to work with the county’s human resources office to “make it right” according to Swanson.

“We have two district attorney office employees that have been taken off the payroll effective yesterday (Thursday),” County Executive George Borrello said. “Human resources is working to ensure that the residency law is being adhered to.”

“We take a position slightly different, and we’re moving from there,” Swanson said.

The DA doesn’t agree that his assistants should have to reside in the county, as long as they do their job well.

Swanson said that pursuing the exemption is an effort to find the “most qualified candidates” for the positions in his office.

“The reality is these things typically don’t get challenged across the state,” Swanson said.

He noted that while the rule is in place statewide for more than half of the 62 counties, he doesn’t believe judges or politicians make a big deal out of some attorneys not residing in the county when they are technically supposed to. He doesn’t see much reason why to bring it up since decisions, like with Flaherty, only serve as counterproductive to county proceedings.

There is no grace period for an attorney to move to the county once they begin work, Swanson noted. Flaherty started working for Swanson’s office in September, but Swanson said the result would have been the same had the hearing been brought against Flaherty earlier. Without exemptions, the residency requirement serves as a day-one commitment.

“We’re doing what we can,” Swanson said. “We have a great staff here.”

Swanson said he is currently working on the appeal process to reverse the Flaherty ruling or get the ADA back working in his office. He didn’t want to share details further, and the situations regarding other ADAs who reside outside of the county — Counsel ADA Christopher Belling and ADA Steve DiLorenzo — were kept confidential.

“Everybody here desires to do their job well, and we’re going to continue to do what we need to do so that happens,” Swanson said.

In response to the Nov. 30 ruling, Chautauqua County Legislator and Public Safety Committee Chairman Terry Niebel delivered comments regarding the importance of the residency requirement and his opinion. He voted against Swanson’s proposed resolution to allow him to seek candidates for up to four ADAs outside the county who would have been allowed to remain residents elsewhere.

“This is a stunning development,” Niebel said. “Chautauqua County has a district attorney, Mr. Swanson, who has knowingly been violating the law. We know this to be true, because last week he asked the legislature to approve a measure to exempt up to four assistant district attorneys from having to reside in Chautauqua County.”

Niebel further explained that Swanson, even if he thinks Public Officers Law in particular is outdated, should not be able to choose which laws he follows as the chief law enforcement officer for the county.

“The three individuals from Erie County were offered jobs here and they accepted,” Niebel said. “Who can blame them? But it is Mr. Swanson, and Mr. Swanson alone, who is responsible for the untenable situation the District Attorney’s office now faces.”

Another opinion comes courtesy of Kristen Lee Yaw, a partner from Hall and Lee Yaw law firm and the treasurer and secretary of the Jamestown Bar Association. Before Swanson’s proposed resolution failed at the county legislature, she wanted to clear up matters in regard to comments he made at a Public Safety Committee meeting earlier that month.

She said that Swanson has not posted a job listing for the DA’s office at the Jamestown Bar Association since December 2016, nearly two years ago. Some arguments from the Republican side of the legislature are that Swanson has not tried hard enough to recruit local candidates for attorney positions.

“It’s a very logical first step,” Lee Yaw said regarding how attorneys looking to hire should go to the local bar associations. “Obviously job openings and opportunities are a big deal to our membership.”

She said Jamestown has many experienced senior and aspiring young members from which to choose from. Lee Yaw said it would be wise if the DA’s Office were to be represented from candidates from throughout the county who are primary residents. She said that a goal of the bar is to preserve jobs for resident attorneys and keep tax dollars driving local jobs.

Lee Yaw also said that not being able to find people to move here is not a strong argument since she acknowledged various other attorneys through private and public practice in the county who have moved back to the county to work here.