On Friday, April 11, Cheektowaga Councilmember Charles Markel pled guilty to a crime before State Supreme Court Justice Penny Wolfgang. The crime was offering a false instrument for filing in the second degree, which is a class A misdemeanor. One is guilty of this offense when you offer a written statement containing false statements or information, knowing it will be filed or recorded with a public office. In this instance, Markel made false claims for unemployment benefits.
The guilty plea came after reaching a deal with the District Attorney’s Office. Martel made restitution of more than $7,100 dollars to the New York State Department of Labor. Though Judge Wolfgang sentenced him to a conditional discharge, which merely requires him to lead a lawful life going forward, the other consequence is the immediate loss of his public office.
By operation of law, Markel’s council seat became vacant when he pled guilty to the crime. Pursuant to the New York Public Officer’s Law, Section 30 (1)(e), an office becomes vacant upon the conviction of a crime that involves a violation of the holder’s oath of office.
One of the leading cases related to this issue is the Matter of Holt v. Marinelli, an Appellate Division, 4th Department case from 2007. Then, County Legislator George Holt pled guilty to a misdemeanor Tax Law violation for underreporting sales tax revenue from his restaurant. The District Attorney maintained that the plea resulted in an automatic vacatur of his public office. Lynn Marinelli, then-Chairwoman of the Legislature, agreed and announced the seat was vacant. Holt sued and lost, with the Appellate Division noting that his misdemeanor conviction arose out of a “lack of moral integrity” which involved “willful deceit or a calculated disregard for honest dealings.”
The same standard relating to written false statements filed with a public office would likely apply to Markel’s conduct with the State Department of Labor and as such, his office is automatically vacant. It is unknown whether Markel will dispute that conclusion. Cheektowaga Supervisor Mary Holtz could not comment prior to deadline.
The prosecution of Markel was conducted by John C. Doscher and Gary Ertel of the DA’s Special Investigations and Prosecution Bureau. Thomas J. Eoannou was Markel’s defense attorney.
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