Tonawanda Mayor Rick Davis survived an ethics probe. Can he withstand a challenge from his own party?

In the last month and a half, Democratic Mayor Rick Davis and Common Council President Jenna Koch, a fellow Democrat, clashed over whether Koch had the authority to take over as acting mayor with Davis on vacation out of the country.

In the aftermath, Koch filed a complaint with Davis over an email sent by the mayor's administrative assistant, who responded by serving notice he may sue Koch and the city for $100,000 in damages.

This all came to a head when the city's Democratic chairwoman, Gayle Syposs, filed petitions with the county Board of Elections to run in a potential mayoral primary against Davis.

"I'm not happy with what has transpired at all, and I conveyed that to the mayor," said Syposs, a former city clerk and Council member who may hand over her ballot spot to another Democrat.

These are only the latest, dramatic examples of the disputes that often flare up in Tonawanda, where Davis regularly clashes with the Common Council and developers and was the subject of an ethics investigation.

Republicans say with Davis and four Common Council members up for re-election, the Democratic infighting and Davis' polarizing behavior give them a chance to make gains in a city where Democrats have a 40% to 28% enrollment advantage.

"Honestly, it paints a bigger picture of the disarray that has been happening with Mayor Davis as the mayor," said Tom Newman, the Council's sole Republican and the Tonawanda GOP chairman. "Under his regime, it's been an absolute train wreck."

He's a meteorologist, too

Davis, 48, is an Air Force veteran who works as a meteorologist at the Buffalo Niagara International Airport. He works there midnight to 8 a.m. and then heads into City Hall. Things don't slow down at home for Davis, who with his wife has a blended family of 10 children and three grandchildren.

He served two terms on the Common Council before winning election as mayor in 2013 and again in 2017.

"Sometimes, I rub people the wrong way because I don't sugarcoat things," Davis said in an interview.

Those on the receiving end have included commercial property owners, notably Michael Hacikyan, who sought to redevelop the site of a former HSBC branch along the Erie Canal.

Hacikyan accused Davis of cursing at him and tossing him out of his City Hall office during a February 2017 meeting. Davis said Hacikyan swore at him first. The redevelopment project had stalled for years, with each side blaming the other, and Hacikyan vowed never to proceed as long as Davis was mayor.

In 2018, Davis banned his department heads from attending Council meetings unless members submitted specific, written questions in advance. When Koch and other Council members objected, Davis issued a statement accusing them of "sticking their noses where they don't belong," according to the Tonawanda Sun, which reported regularly on the mayor-Council disputes.

"I do have a temper," Davis said. "But I would call it I just don't have time for garbage and nonsense."

Council clash

The most recent example came last month. Davis declined to tell The Buffalo News where he went on vacation, but other officials say he was out of the country.

The City Charter states the Common Council president takes on the role of acting mayor when the mayor has a "temporary absence." City Clerk Jim Kossow emailed on Feb. 5 to city department heads on Koch's behalf saying she was available if needed to address any issues that came up before Davis returned Feb. 12, city records show.

Davis responded by email that it's "illegal" for Koch to serve as both Common Council president and acting mayor and, therefore, he urged city workers to ignore the email. He also disputed he was unavailable.

City Attorney S. Michael Rua said he agreed with Koch's interpretation, a position he also stated in 2019, and advances in technology don't overrule the charter's language. But this didn't sway Davis, who said in a second email, "Quite frankly, I don't care what anyone else's opinion is."

The mayor's administrative assistant, Charles M. Gilbert, then sent a Feb. 12 email saying because Davis was returning to New York that evening, any assumption of the mayor's duties was "null and void." 

At the Feb. 16 Common Council meeting, Koch said she filed a complaint with Davis over Gilbert's "legally incorrect" email and she urged Davis to publicly apologize. 

"I have begged for years for Mr. Davis to cease sending members of this council disrespectful emails but they continue," she said then.

Gilbert, who owns an electrical contracting business, has filed a notice preserving his right to sue Koch and the city, arguing her statements caused emotional distress, injured his reputation and potentially cost him lost business opportunities, according to a copy obtained by The Buffalo News.

Koch and Todd J. Potter Jr., Gilbert's lawyer, declined to  comment.

Ethics Board investigation

Last fall, WKBW-TV reported the city's Ethics Board had reviewed eight complaints filed against Davis in 2018, including that he used a city credit card to pay for personal expenses and he improperly helped his brother win a city contract.

Davis denied wrongdoing and the Ethics Board did not find evidence of unethical behavior. The Erie County District Attorney's Office reviewed the matter but closed the case in November without bringing criminal charges, a spokeswoman said.

"I have a target on my back, and I understand that. It is what it is," said Davis, who has asked his brother to no longer bid on city work and no longer uses a city credit card.

The 2017 mayoral campaign was a nasty one, with Republican candidate Tim Toth's campaign fliers personally attacking Davis and his ex-wife and Davis responding by calling Toth a "low-life coward."

This year could see a rare primary challenge of a two-term incumbent who previously earned his party's endorsement for re-election.

But Syposs said she and Common Council Democrats are increasingly frustrated by Davis' actions and the notice of claim filed by his assistant was the last straw. Syposs said she asked Davis in a phone call to fire Gilbert, but Davis declined.

"Party's important for me," Syposs said. "But the proper running of our city, the professional running of our city, is more important."

By Monday, Syposs must decide if she will remain on the ballot and, if not, Democrats have until Thursday to pick a replacement or let the matter go. Davis declined to comment on the petition filing until after Thursday's deadline.

The GOP mayoral candidate is John White, soon-to-retire owner of White's Turf Crew and an active community volunteer.

The city's financial challenges have grown in recent years, with rising costs leading to higher property taxes, though Davis said Tonawanda has weathered the pandemic better than many municipalities.

Davis pointed to ongoing development along the waterfront, $30 million in grants he's helped to obtain and recent movement in the longstanding efforts to revive the prominent Spaulding Fibre and Little League Drive sites in the city.

"I believe we've made a lot of progress in the eight years I've been mayor," Davis said, adding that, if re-elected, he wouldn't run again. "I would like to see these projects through to completion."