After nearly eight years in office, Niagara County District Attorney Michael J. Violante is resigning from his position. Violante's resignation comes in the wake of two sexual harassment complaints made by female employees and lawsuits filed against him by a female Assistant District Attorney.
No reason or rationale was given by Violante when he submitted a one-sentence resignation letter to Niagara County Attorney Claude Joerg. Joerg said it’s up to Violante to speak explain.
Attorney Andrew Fleming of Chiacchia and Fleming LLP is representing Assistant District Attorney Elizabeth Donatello in her federal court complaint against Violante. The complaint alleges which alleges that the former District Attorney sexually harassed her, paid her approximately $30,000 less than a male counterpart for the same work.
Fleming said the complaint details a pattern of conduct which he described as “abhorrent” to any sense of fairness or equal rights.
“It’s a pattern of gross behavior and retaliation for bringing it to the county’s attention,” said Fleming. “Elizabeth was basically demoted. She had been a key player in the Special Victims Unit, prosecuting major felonies involving the abuse of children and now she’s handling misdemeanors at a local court level.”
Fleming said even though he hasn’t seen any official statements or interviewed witnesses, he believes he knows why Violante quit.
“We believe that the resignation has come about as a result of other women coming forward to complain about his inappropriateness and his discriminatory behavior,” said Fleming, referring to two additional sexual harassment complaints which the Buffalo News reported had been filed by other women in Violante’s office.
Donatello is seeking money damages for lost wages and emotional harm that she has suffered. Flemming said the way her case proceeds will depend on what can be obtained by statements from the other women reported to have filed complaints. He said his goal is to have them help prove the case against Violante.
Managing Attorney Florina Altshiler of the law firm of Russo and Toner said allegations against a public official like Violante are never taken lightly.
“They certainly hinder morale both in the office and the outside general opinion of the office,” said Altshiler. “These are very serious allegations for somebody to bring forward. They’re even more serious when there’s a number of female subordinates making the same allegations.”
Altshiler has no direct involvement with any of the cases against Violante, but said the next steps for him will be determined by how far the lawsuits progress, what specific allegations are made, and whether they are covered by the county’s insurance policy.
“The county may or may not indemnify him,” explained Altshiler. “He may have to get an attorney to represent him in that law suit. He may go through a year or two of discovery where he may have to testify at a deposition. The case may settle at that point or it may progress to trial and he may have to testify at trial.”
Violante, 70, will receive benefits based on 12 years of service to the county, though Joerg said he served additional time in the 1970s.
"He gets the benefits he's entitled to under New York State retirement and the county also gives some healthcare benefits based on longevity of service," said Joerg.
Half the cost of Violante's health insurance for life will be paid for.
Joerg said he is certain people are in place to succeed Violante for the time being and is confident that will happen.
An election for the position will be held in November. Governor Andrew Cuomo has the authority to appoint an interim District Attorney.
The Niagara County District Attorney's did not provide a comment on the matter.
