Illuzzi letter

Council President Jim Pitts

Monday they go back before Judge Curtin without any compromise in sight. The black council members are hoping the federal Judge will grant them an injunction to thwart the referendum until a trial on its legality can be held.

Black council members are cautiously optimistic that on Monday Curtin will rule in their favor and grant the injunction. They are less sanguine about the results of a trial.

There was, we learned, additionally, a strategy session with the black members and their attorney Ed Cosgrove. Mr. Cosgrove was retained by the Council President, James Pitts, to represent the President and the council’s interests.

One of the ideas explored, we understand, is the issue of weighted voting, an issue that federal Judge Elfvin found substantive for the Erie County legislature.

Sources inform that if Judge Curtin imposed weighted voting on the same principle that Judge Elfvin did we might find that the majority is not the seven white members, but rather the six black council members, just as the majority in the county legislature is the seven Republicans plus Al Debendetti, and the minority is the nine remaining Democrats.

Mr. Cosgrove was hired by President Pitts when the six black members declined the proffered services of city attorney David Hayes, who is also an African American. Mr Hayes was rejected by the black members because he works under corporation counsel, Mike Risman who is under the Mayor's authority. The Mayor is a staunch advocate of the so- called Franczyk plan which eliminates all four city wide council seats.

The African-American council members thought that Mr Hayes’s first obligation would be to his employer - the mayor - who is on record against any compromise between the black and white members of the council. Finally, it is important to note, Mr. Pitts hired Mr. Cosgrove not as a private individual, but in his capacity as Council President. There is apparently a line in the city budget allowing the Council President separate legal resources in the event that he feels the interests of some or all of the Council might run in conflict with that of the Mayor. It is meant as a "checks and balances" element of city government, even in a strong mayoral system.