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Three councilmen Thursday boycotted an executive session Supervisor James A. Sacco had sought to discuss a possible "deal" between the Town Board members and the supervisor.

At a press conference preceding the aborted executive session, board members Barbara L. Maruca, Patricia Wrobel and Marc M. Carpenter said that they would not attend because Sacco breached the confidentiality of a June 12 executive session by leaking false reports to the press.

They said he falsely reported that the board members were trying to cut a "deal" not to appeal State Supreme Court Justice Joseph D. Mintz's decision to reinstate Sacco's salary, which was reduced, if Sacco dropped his suit against creating a town administrator's post.

Sacco said that he told the press only what was discussed between Town Attorney F. Warren Kahn and himself outside the executive session and what Kahn already had told the press about the June 12 executive session.

Sacco said, "Warren Kahn, less than 10 hours after the judge's decision to reinstate my salary, gave me the impression that he was speaking on behalf of three board members when he said that three board members would not appeal the judge's decision on the salary reinstatement if I didn't oppose the town administrator position."

The three denied trying to cut such a deal and Kahn was unavailable to comment.

Sacco said that he told Kahn that he would not drop his suit against the appointment of a town administrator unless the job description was changed or a referendum were held.

Sacco contends that the current job description encroaches on his duties as supervisor delineated "not by law but by what was the practice in the town for the past 150 years. That's the issue now before the court."

The administrator's position also encroaches on the duties of the highway superintendent, town clerk, town justices and the tax collector, according to Sacco.

Sacco said, "Even if the town administrator position is legalized, I will not vote for it because I was elected to administer the town and I can do it."

Sacco said that he is working with Donald P. Witkowski of North Tonawanda, who is filling the administrator's post on an interim basis, because "the town is paying him and it's for the good of the town."

Witkowski is acting informally as a consultant to the Town Board at a salary of $20 an hour, at a maximum $3,000 a month.

Ms. Maruca said that Mintz's decision to reinstate Sacco's salary to $24,000 from $11,000 was a "political decision. All judges are elected, and Jimmy Sacco was a Democratic Party chairman."

Ms. Maruca said, "I will not compromise; I will not deal; I will not change one word of the local law and if Judge Mintz rules against the town administrator position, I will go to the Supreme Court with it."

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