Modified: August 3, 2020 9:42am
Created: May 11, 2020 9:05am
May 11, 2020
County Executive claims COVID-19 allows him to issue Emergency Order
striking down law that required him to create a plan to erase the
deficit declared by the Erie County Comptroller
Erie County Executive Mark C. Poloncarz issued an Emergency Order eliminating a portion of the Erie County Charter that required him to provide a corrective fiscal plan to the Erie County Legislature seven days after the Erie County Comptroller declared a deficit.
Mr. Poloncarz claimed COVID-19, a medical emergency, gives him the authority to temporarily eliminate a section of the Erie County Charter that requires him to submit a plan in seven days to erase the declared deficit.
According to Section 2511 of the Erie County Charter, once Erie County Comptroller Stefan I. Mychajliw Jr. declared a deficit on May 4th, 2020, the Erie County Executive by law must provide a plan to erase the deficit to the Erie County Legislature in seven days, which is Monday, May 11th, 2020.
Not only did the County Executive refuse to submit a plan to eliminate the deficit, he issued an Emergency Order nullifying Section 2511 of the Erie County Charter. Mr. Poloncarz unilaterally kicked the can and gave himself his own authority to address the deficit in 30 days instead of seven days, as required by law.
“Mark Poloncarz is sticking his head in the sand about the deficit. It exists. It is here. The County Executive is behaving like politicians did at the start of the ‘Red-Green’ budget crisis. Mr. Poloncarz is ignoring the deficit. If he does not want to lead, I will. My office is working diligently on providing solutions to erase the deficit.”
“That being said, Mark Poloncarz is also opening up Erie County to the risk of being sued by the Legislature or a concerned taxpayer. It could be argued that his unbridled power grab is illegal. Checks and balances exist for a reason. A reasonable person can conclude Emergency Orders disguised as power grabs do not supersede the Charter and laws that governs Erie County,” said Erie County Comptroller Stefan I. Mychajliw.
During the midst of the global economic meltdown being felt around the world, across the country and here at home, the Erie County Executive made contradictory statements concerning the deficit declaration itself. First, he denied a deficit existed, then four days later acknowledged one.
“I thought it was premature to declare the deficit.”
Source: Erie County Executive Mark C. Poloncarz, www.wivb.com, “Erie County Comptroller Declares Deficit: County Executive Says It’s Premature,” May 4th, 2020
“That (federal) financial aid could reduce the county's deficit by tens of millions of dollars or more.”
Source: Erie County Executive Mark C. Poloncarz, Letter to the Erie County Legislature, May 8th, 2020
The Erie County Executive also made contradictory statements concerning the potential $83 million in federal aid that could be provided to Erie County government in the next round of COVID-19 related stimulus funding. In one statement, Mr. Poloncarz used the possible influx of federal funds as a reason why he refuses to submit a deficit reduction plan as required by the Charter:
“It is critical to know what further action will be taken by the Federal Government in the form of financial relief for states and counties…. knowing how much aid Erie County will receive in the fourth coronavirus bill, if any, is necessary to accurately prepare a deficit response plan.”
Source: Erie County Executive Mark C. Poloncarz, Letter to the Erie County Legislature, May 8th, 2020
But in previous statements, Mr. Poloncarz said Erie County potentially receiving $83 in federal stimulus funds will not come close to bridging his own estimated $200 million budget gap.
“Probably won’t cover ($83 million in federal stimulus funds) half the lost revenue that we are projecting.”
“83 (million) is not 200-million plus.”
“Even if we get the stimulus funding it will not be enough.”
Source of all three quotes: Erie County Executive Mark C. Poloncarz, www.youtube.com, May 1st, 2020
Regardless of the Office of Erie County Executive refusing to offer his own plan to reduce the deficit as mandated by the Erie County Charter, the Office of Erie County Comptroller will soon provide the Legislature specific options to reduce the deficit.
Section 2511 of the Erie County Charter mandates the County Comptroller to provide comments on the deficit seven days following the County Executive’s proposal. The Erie County Comptroller’s comments on a deficit reduction plan is due to the Erie County Legislature by Monday, May 18th, 2020.
“I’m going to honor the Charter. I’ll do my job. I’m not afraid to tackle the deficit. I’ll face it head on. My office will provide the Legislature sound options to erase the deficit and balance the budget. It will not be easy. There will be pain. My comprehensive solutions will be difficult, but necessary to implement.”
“One thing off the table: tax increases. Families and small businesses are hurting. The last thing they need is government forcing more taxes on them. The Legislature must eliminate that as a possibility. I most certainly will not even offer it as an option.” added Comptroller Mychajliw.
To date, the only plan put forth by the Office of Erie County Executive is to ask independently elected officials to propose 13.1% cuts across their respective offices. Mark Poloncarz also publicly promised not to force one independently elected official’s office to bear a bigger brunt of cuts than others.
“Every office will be expected to contribute (13.1% cut). It’s not, one will receive more than the others. It will be a 13-percent cut across the board.”
Source: Erie County Executive Mark C. Poloncarz, www.youtube.com, May 1st, 2020
“Mark Poloncarz’s plan to cut costs across the board by 13.1% isn’t worth the back of the bar napkin it was written on. That is not a plan. It may also force cuts on positions that make the county money. One accountant/clerk worker in the Office of Erie County Comptroller generated $271,951.16 for the county budget”
“That being said, I’ve been sounding the alarm on the collapse of the economy and budget since March 11th, 2020. I hope and pray the Legislature takes this seriously,” concluded Comptroller Mychajliw.