A notice of claim has been served against Erie County, accusing county officials of being informed about an alleged rape by a county employee and not acting on it.

An unidentified county employee accuses former Social Services Commissioner Albert Dirschberger of rape.

Dirschberger was indicted on rape charges in January. He resigned in December at the request of the county executive after word began circulating that he was named a person of interest in an "alleged serious incident." 

Erie County Comptroller Stefan Mychajliw is now asking the chairman of the Erie County Legislature Peter Savage to appoint an independent investigator.

"I need to make sure that our employees are protected and I want to make sure that we can get to the bottom of this and make sure that this never, ever happens again," he said.

Mychajliw says it's especially important to appoint someone who has no political, financial or legal connections to anyone in Erie County government, in order to ensure transparency.