The Office of General Counsel provides and/or administers all legal services for the Niagara Frontier Transportation Authority (“NFTA”) and Niagara Frontier Transit Metro, Inc. (“NFTM”) on civil and administrative matters. The NFTA is a multi-modal entity (Aviation, Surface, and Property) providing efficient and professional transportation services that enhance the quality of life in the Buffalo Niagara region. NFTM is a subsidiary of the NFTA and includes bus and rail transportation services within Erie and Niagara Counties. 

These legal services include representation of the NFTA and NFTM in negligence claims, negotiations with state and federal agencies, arbitrations involving collective bargaining agreements or employee grievances, professional negligence, tort and contract claims, condemnation and relocation proceedings, negotiation of collective bargaining agreements, preparation of leases, releases, use and operating contracts, settlements, and memoranda of understanding. 

The Office of General Counsel provides advice, opinions and counsel to the Board of Commissioners, the Executive Director, business center managers and staff on matters concerning labor and employment relations, environmental compliance and litigation, landlord-tenant and real property transactions, procurement and contracting issues, suretyship, risk management and insurance, municipal bonds and finance, secured transactions, commercial relationships and corporate and legislative concerns. 

Under the direction of the General Counsel, staff attorneys appear in state and federal trial and appellate courts and before arbitration panels and administrative agencies such as the New York State Department of Labor, the U.S. Environmental Protection Agency, the New York State Department of Transportation, the Federal Aviation Administration, and the Federal Transit Administration. General Counsel attorneys draft proposed agency rules and administrative procedures and pursue enforcement and collection of judgments for fare evasions and parking violations. Staff personnel manage the board agenda, prepare resolutions for consideration by the Board of Commissioners, and assist and provide guidance to user departments and business centers on procurement and various other matters impacting the day-to-day and long-range operations of NFTA and NFTM. 

The Office oversees the NFTA’s Procurement Department. This combination has strengthened the Procurement Department’s exceptional performance in procurement compliance and ethics and facilitates continued focus on those areas so that Procurement can continue to successfully perform its mission to “procure high-quality materials and services which provide safe and reliable transportation, transportation services and facilities for our customers.”

The Office of General Counsel also oversees Central Services.  

Meet our Staff:

Vicky-Marie J. Brunette, General Counsel. As General Counsel, Vicky is the Authority’s chief legal officer and manages the legal staff, providing strategic legal counsel and representation to the Board of Commissioners, Executive Director, and Authority business centers on a wide range of business, corporate governance, litigation, labor, real property, construction, procurement, ethics, and compliance matters. One of three corporate officers, Vicky manages the NFTA's corporate administration process, including preparation of and oversight of the monthly Board agenda and Board resolution process, interpretation of and amendments to corporate by-laws, interpretation of enabling legislation, legal advice on procurement issues, preparation of procurement guidelines, legal opinions regarding Freedom of Information Law, Open Meetings Law, the Public Officers Law, and development of Authority-wide policies, procedures, and regulations.

John J. Fenz, Chief of Transactional Division (Aviation). John's primary responsibility is for providing legal support to the Aviation Business Group, which operates the Buffalo Niagara International Airport (BUF) and the Niagara Falls International Airport (IAG).  He also negotiates commercial transactions and agreements, including complex property and business deals, settlement of both litigated and non-litigated commercial disputes, leases, easements, software licenses, and concessionaire and rental car agreements. John provides legal advice and counsel on procurements and corporate governance and assists with  preparation of the monthly Board agenda and Board resolution process. 

John P. DePaolo, Counsel (Litigation). John focuses on litigation and the defense of the Authority's self-insured personal injury matters, including motor vehicle negligence, premises liability, No-fault insurance, police professional liability, and insurance coverage. He also handles debt recovery on behalf of the Accounting and Property business centers. John’s background ranges from serving as a former criminal prosecutor to a lengthy career in the private sector as an insurance defense litigator before joining the NFTA. John has tried approximately 100 cases to verdict.  

Benjamin L. Leonard, Counsel (Labor and Employment). Ben's primary focus is labor and employment law.  He represents the Authority in arbitration proceedings and provides guidance on employee discipline, collective bargaining, and New York's Taylor Law.  He provides forward-looking advice and guidance to minimize risk and ensure compliance with contractual and statutory obligations. Ben also represents the Authority in Equal Employment Opportunity matters in Federal and State courts and before administrative agencies such as the EEOC and New York State Division of Human Rights.

Pierre A. Vincent, Counsel (Litigation). Pete focuses on litigation and the defense of the Authority's self-insured personal injury matters, including motor vehicle negligence, premises liability, No-fault insurance, police professional liability, and insurance coverage. Pete has 25+ years of litigation experience, including 20 years as a trial attorney, both at private defense firms and as in-house counsel. His experience includes: motor vehicle accidents; premises liability; construction accidents; contractual indemnification and coverage analysis; business contract disputes; municipal liability; and labor and employment law. 

Sean P. Murphy, Counsel (Surface and Property). Sean is responsible for negotiating transactions and agreements, including complex property and business deals, leases, easements, procurements, and software licenses. He also provides assistance with the NFTA corporate administration process, including preparation of the monthly Board agenda and Board resolution process. Prior to joining the NFTA, Sean's areas of practice include business acquisitions, sales and mergers, commercial real estate transactions,  public financing, and contract drafting and negotiation. 

Jaclyn S. Wanemaker, Counsel (Litigation). Jackie focuses on litigation and the defense of the Authority's self-insured personal injury matters, including motor vehicle negligence, premises liability, No-fault insurance, police professional liability, and insurance coverage. She is also responsible for the administration of the Paratransit Appeals Board process. A seasoned litigator, Jackie has over 20 years’ of private sector experience in a wide variety of areas including medical malpractice and labor law cases. 

Pierce V. Young, Associate Counsel and Records Access Officer.  Pierce is primarily responsible for assessing, gathering responsive documentation, and performing review of FOIL requests, analyzing laws, regulations, case law, and advisory opinions issued by the Committee on Open Government related to FOIL and drafting legal analyses relating to FOIL. Pierce also provides secondary support for various transactional matters. Prior to joining the NFTA, Pierce worked in the private sector where he focused on real estate development, commercial litigation, and business/corporate law.

Jodie L. Zolnowski, Manager of Administrative Services and Paralegal/Assistant to the General Counsel. Jodie’s primary responsibility is assisting in the duties and responsibilities that are required of the General Counsel’s office and the NFTA’s Board of Commissioners. Jodie is also the primary paralegal for the Surface attorney, Benjamin Leonard, and John Fenz. She is also the secondary paralegal to Pierre Vincent John DePaolo, supporting the litigation needs of the Authority.  She also manages the NFTA's Central Services Department.

Sheila M. Keane, Litigation Paralegal. Sheila is the primary paralegal supporting Pete Vincent and his caseload and litigation needs. She provides secondary support for Vicky-Marie Brunette regarding litigation handled by the General Counsel. Sheila drafts pleadings, discovery documents, and motions for E-filing with the Courts. She also obtains medical records and other documentation, as well as schedules and coordinates depositions, court conferences, independent medical exams, retains experts, and prepares for trials. Sheila regularly interfaces with NFTA personnel and coordinates the resources necessary for the defense of motor vehicle and premises liability cases. Sheila has 25+ years of litigation paralegal experience.

Doreen A. Watson, Litigation Paralegal. Doreen is the primary paralegal supporting John DePaolo and Jackie Wanemaker's caseload and litigation needs.  She is responsible for the drafting of initial pleadings, discovery documents, motions, and other legal pleadings and papers relating to litigation.  She is also responsible for E-filing pleadings in both Federal and State Supreme Court and filing other documents in Buffalo City Court, State Supreme Court, the Appellate Division, and the Erie County Clerk’s Office, scheduling depositions, pre-trial conferences, and independent medical examinations.

 

General Counsel Report - 2024