Former Cherry Creek Code Enforcement Officer Files Lawsuit Due to Asbestos Conspiracy

Tuesday, July 29th, 2008

Cherry Creek, New York – July 28, 2008 – A former code enforcement officer, Frank Watson, who claims to have been fired for refusing to sign permits for a demolition, has filed a lawsuit against his former employer, the village of Cherry Creek in Chautauqua County. Watson worked for the village part-time until he was fired over an asbestos-related incident.

The trouble began in February, when demolition of the Cherry Creek schoolhouse was initiated. At the time, code enforcement had not issued any permits, and there were questions about whether an asbestos inspection had been carried out prior to demolition.

Watson was asked to sign papers that would have allowed demolition of the building to proceed, but he refused, saying his refusal was on the grounds that proper asbestos abatement procedures were not being followed.

On April 5, 2008, Cherry Creek officials voted to terminate Watson’s employment.

At a meeting held on March 12, the state Department of Labor’s Asbestos Control Division confirmed that notice of asbestos code violations in relation to the Cherry Creek school building had been issued to the village.

Department spokesperson Chris Perham confirmed that “The violations ha[d] stipulations attached that state the village must correct whatever the specific issue was.”

Edward Krasinski, a Labor Department industrial hygienist, said the village hired a non-licensed contractor, and the contractor was using non-certified workers to carry out the work on the old school building. These practices can be very dangerous for workers and the public when the building in question contains asbestos.

It has been long established that exposure to asbestos can cause asbestosis, lung cancer, and mesothelioma. Diagnosis of these diseases can be very difficult, as it may take decades for symptoms to appear. For example, mesothelioma can take 15 to 40 years or more to develop. This severely complicates mesothelioma treatment efforts, as the cancer is usually detected in late stages of development.

Watson claims that after the demolition already began, Cherry Creek’s mayor asked him to sign off on the demolition, but Watson refused because of his concerns about asbestos.

Watson further claimed he was fired for purely political reasons related to his refusal to illegally sign the permit, calling the incident “small-town politics at its worst.”

Cherry Creek Mayor Dean Mount claimed that budget constraints were a more significant contribution to Watson’s being fired, and that the incident “probably” had something to do with Watson being fired, but only “a very small part of it.”

The village subsequently defended its actions in a letter sent to residents, but now Watson has filed a lawsuit, alleging defamation of character by the village in the letter that was sent out.