Excessive Litigation...
And The Politics of Personal Destruction
‘uring my tenure as county legislator, thas been my policy to ignore negative stacks and stay
focused on representing the 14st. However, I wil no longer allow the relents faze and public
tacks on my charactor, as wel a false narratives about the legstature, by Chemung County Executive
Chris Moss to go unchallenged. The time has come to layout the facts, allot which are a mater of public
record. They show a pattem by Chris Mess of smearing perceived pltial enemies, using allegations of
racism as retaliation, and endless tigation.
Ichas been my prilege to work on abipartisanbsls with many dedicated aublicserantsonthe
legislature. Unfortunatly, ou relationship with the county executive has been needesly strained from
the begining, One of Chris Mos’ fist actions was an attempt to dictate whe the gisatures attorney
would be. When we appropriately hired our own attorney, the executive fred Him (Ref: Star Gazette
2/28/39). The legislature was forced to seek judge's ruling in order to resolve this issue. In 2019 the
executive fled two lawsuits agains the legislature over this tue, The cst to taxpayers forthe months
‘of 2019 litigation was nearly $100,000. His third lawsuit is curently pending, andthe legal corte are
limbing, Adonai 2023 the egiltur was forced to seek a judges ruling gun inorder to enforce
itsrghts under the charter, after the executive blocked the eilature's access tonfrmation rom county
department heads
The attorney challenge was the fist of several attempts by Mr. Moss to circumvent the
democratic process, resulting ina frivolous waste of time and resources. Its unprecedented for the
county executive to marginalize the legislature, or question the motives ofthe 15 women and men who-
‘wore duly elected to represent you. Furthermore in the decades since the county adopted the CountyExecutive form of government, | am unaware of any executive sung te legslature once, let alone three
times. Mr. Moss has shown a flagrant disregard forthe checks and balances inherent ina democracy. To
ate, the lepsature has prevaled inal these legal actions.
Ealy on in my tenure, Me. Moss was present ata legislative committee meeting when I raised
some questions about a mater brought to my attention by a constituent. asked him fhe was ving
‘vehicle from the Sherif’ office and if so, by what authorty the county executive is permitted to acquire
vehicle from the Sherif’ fleet. These were ald questions, and vot
have every right to expect truthful
answers trom thelr elected officials. His response, inthe presence of the lslature, was toaccuse me of
‘racism. To this day, those questions have remained unanswered. This was rat the only time he Would use
this tact
The personnel committee agenda on 2/22/21 included a proposal hires parttime investigator
for the county attorney's office (Ref: county webste-archives) | expressed my reservations about this
further expansion ofthe legal department and made 2 motion to tablet pending further review. Again
Mr. Mos retaliated using race this tme adng gender discrimination. Itisno coincidence thatinaletter
to Chaiman David Manchester date! that very day (2/22/21), Executive Moss stated that | had “s past
history of comments involving women and persons of oor (ref: county webste-Podcasts) nan obvious
_attemot to deflect from the retaatory nature of he allegation. he alleged that he had previously brought
these concerns tothe caitman in 2019, However, Mr. Manchester had no memory or record ofthat
‘alleged conversation, and requested thatthe executive provide documentation. In is response, dated
5/4/21, Mr Moss provided no documentation of the alleged 2019 meeting ~ ramped up the esgusting,
false allegations — and stated that he was “personaly familar with Mr Smith from his previous ole as
EMO directo,” and “previously spoke withthe former County Execute abeut Me. Smith's behavir"(Rel:
county website-Podeasts)esearch into Mr. Moss clams revealed that Chris Moss never brought any concerns about me
‘garding racial or gender bias tothe former count executive. Furthermore, during my 23 year tenure 3¢
EMO director, having supervised many women, there wee no investigations o lawsuits also revealed
that there was an investigation by the county into Mr. Moss’ behavior (Re: Demeoeat and Chronicle
6/5/14). uring his tenure as Sheri following 2 presentation he made atthe sheriffs Annual Award
Banquet, “the union representing Chemung County Jail Correction Officers" fled a complaint of
“workplace harassment” on behalf of two women and 2 person of eolor. The later was a man “who
challenged Moss Inthe 2013 election.” Attendees ofthat event have confirmed tat the presentation
Included a clip from the highly controversial movie “lazing Saddles.” Bryan Maggs, the county attorney
at the time, conducted the investigation int this ncdent. Perhaps this is why the eecatve spent your
tx doles to fle a lawsuit in an attempt to prevent Attorney Maggs from serving asthe legislature's
attomey.Publicofficils are generally protected from personal laity if they are namedina lawsuit while
in office. Tat means that taxpayers foot the bil,
‘Aso while Sherif, Mr. Moss made accusations against then Deputy County Executive Mike
Krusen, who was to be his opponent for count executive. Tis resulted in Mr. Krusen ling a defamation
lawsuit against Sherif Moss (Ret Star Gazette 4/4/38), The Star Garette covered the developmentsin ths
«ase a they unfolded. A jude later rule that, in making these accusation, Mr. Moss was not ating in
his offic capacity as sheif (Ref: tar Gazete 7/19/19). This means he was not protected from personal
abit, and taxpayers should not be footing the bil. Recently it was discovered that Executive Moss
‘pp into county coffers and spent $20,000 of taxpayer funds to settle this awsut that was based on
his persona politely matiated defamation. He was able to get away with his because itd not come
before the legislature for approval‘To date, County Executive Moss has been named in two gender discrimination lawsuits. These
stories were covered by local news outlets WENY (4/13/21) and WETM (1/7/22). It remains o be seen
how much more the executive's management style and slanderous attacks, as wells his appetite for
‘etalation an itgation will ost county taxpayers
Executive Moss would invoke race yt again during the 2021 budget season, when on local news
‘outlet he, neffect, accused thelgsature of racism and now agesm- ater he and the deputy executive
‘were denied the substantial ries proposed in his budget (Ref: WETM 12/14/21). When the execute
took office he touted salary reductions which would save the county over $93,000 The salaries ofthe
‘executive and deputy executive were ct by 25%, and afew other salaried postions by 105 (Ref: Star
‘Gazette 1/7/19) nthe 2022 budget he was looking to restore some of those cuts. The legislature agreed
to increases forthe carer employees who had no choice but to accept the 2019 reductions. Me. Moss
anlected offal and his salar eduction atthe time was voluntary. Given this administrations repeated
se of taxpay
funds for frivolous itigation, It was appropriate thatthe legislature denied any large
Increases inthe executive and deputy executive's salaries and held them to the same 49 COLA Increase
asall other salaried employees.
Legislators are elected by the voters in their respective dstrcts, and ae accountable to them for
the doliarsthatarespentand the policy decisions that are made, We take that fiduciary ole very seriously
itis our responsibility to carefully review the budget and make requisite changes in the best interests of
county taxpayers. ltr lgisativ revisions Mr. Moss vetoed the budget and the lgislatre voted to
‘override the veto, Mr. Moss subsequent fled that third lawsuit alongwith an injunction ~ which was
denied by the court ~ In an effort to prevent the implementation of the revsed budget. When the
legislature passed the required local aw that woud alow payment of the 4% COLA increase toourhard-
"working salaried employees, the executive vetoed that. The legsiature voted to override this veto az wellFollowing the budge votes, with elaction season an the horizon, the county executive unveiled
ie shameful self-serving podcasts “Behind the Politics wth County Executive Cis Moss” He resurrected
his 2/22/21 and 3/4/21 correspondence and used these unsubstantiated claims at “supporting
documents” fr his slanderous attacks. On the very day tht voters received my frst primary mal, both
Executive Moss and egilator Joe Brennan peed these es on soci media, Using ccusations of racial
‘and gender bis Isa familar tactle used by politicians who are otherwise unable to defend their own
positions, or who are attempting to gan power by marginaing those who question Sadly, the polities
‘of personal destruction Is common in Albany and Washingzon. Shame on Chris Moss and Joe Brennan for
bringing that brand of “pls” into our community. A person's record wile in public office i far game,
but these tates should have no lace in our local elecions, and voters should sounly reject them
‘whenever they are employed,
"Ws sad tat Chris Moss views the role ofthe county executive and legislature through the lens of
“pois” rather than public erie t's county embarassment that peopl researching our area soe
this behavior by the county executive on our county webite, including the use ofthe “word spelled
cout in ts entity. And it's misappropriation of county resources forthe county executive to use the
official county website t promote his personal polities
end,
Mr. Moss’ 2/22/23 letter to Chairman Manchester sheds ight on the motivation behind his
rational interest in the work of the “Lopsature Redistricting and Etficency of County Government
‘Operations Advisory Committee.” Its clear that he believed his own postion would be threatened bythe:
‘ork ofthe committee when he stated, “the only two pestions your commit
's looking at replacing
lected officals with legislative appointments are curently occupied by an African American and 3
female.” He has been obstructing the work of this committee and attacking its members ever since.When {ran fr office four years ago, ! stated that I dont ha
the answers, but Ihave many
questions. That is stil rue today, | wll continue exercising due diigene in understanding ctl issues
that come before us fora vote. ve learned from experience that wen you come under repeated attack,
you are asking the right questions. n spite of the personal attacks, wll continue to ask those questions
and make those phone calls in order to best represent the interests of Chemung County and my
consttvents Inthe Town of Southport. Our county executive needs to stp paying politcal games and
{ocuson the critical issues facing Chemung County. nthe words of Franklin D. Roosevelt, “Repetition does
not transform le into a truth.”
Michael. Smith, Chemung County 14% District Legislator