Just days after Cayuga County Mental Health Director David Blair agreed to step down from his post, acting state Supreme Court Judge Mark H. Fandrich quashed a subpoena issued by the Cayuga County Board of Ethics for the testimony of Terri Wasilenko, president of the county chapter of the National Alliance on Mental Illness, as part of a probe into Blair's conduct.

The subpoena - requesting Wasilenko's testimony along with the NAMI checkbook and check register - is part of the ethics board's ongoing probe into allegations that Blair accepted money from the NAMI for personal use.

Both Wasilenko and Blair deny the charge.

Roger Mills, chairman of the county Legislature, indicated he would enow be willing to drop the issue.

“I think what's going to happen now is the legislators are going to look at the findings and determine whether they want to pursue this or not,” Mills said. “It seems reasonable, since Mr. Blair has announced his retirement, that we won't pursue any more charges against him. It's not my decision to make, but it would be my recommendation.”

In a written decision, Fandrich denied the board's petition on grounds that the board of ethics does not have the legal authority to issue a subpoena.

He stated the board cannot issue subpoenas because there is no law in Cayuga County granting it the authority to receive complaints and investigate them independently to see if any ethics violations have occurred.

Blair declined to comment; Wasilenko could not be reached.

Fandrich's decision is the latest episode in an ongoing saga between the county, Blair and the Community Mental Health Center. The problems go back several years and culminated in October with the state Office of Mental Health withholding about $2,000 worth of aid each day as the result of more than a dozen citations.

The issue seemed to climax last Friday with Blair announcing his retirement.

“There have been discussions for quite a while and there has been a difference of opinion with Mr. Blair and the Cayuga County Legislature with what his responsibilities were,” said County Manager Wayne Allen. “I believe that precipitated a decision by the Legislature to act.

“Mr. Blair had made it known to employees, a county legislator and other individuals that he was interested in retiring,” he continued. “Based upon that the county decided to explore that possibility.”

An agreement will soon be drafted and will have to be approved by the Legislature before it is official, Allen said. He believes the agreement will be put before the Legislature in the next two or three weeks.

Blair will remain on the county payroll until Sept. 30 and will act in a “consultant-type role” until he officially retires, Mills said. That role would include providing advice and counsel as the mental health service is consolidated in an expanded center on North Street as well as moving forward with the plan of corrective action, or POCA.

Mills said Deputy Director Stella Chronis would lead the mental health service as director for the next several months, though he noted she is likely to retire by early summer.

The Legislature is currently engaged in a search for a new deputy director, and should have everything finalized in the next several months, Mills said.

In the end, Mills has a positive outlook on the future of mental health services in the county.

“I think that's everyone's primary concern here,” he said, “that the services are delivered and delivered in a manner that we can all feel proud of.”

Staff writer Alyssa Sunkin can be reached at 253-5311 ext. 239 or alyssa.sunkin@lee.net