The Erie County Legislature approved a law that retains the professional engineer (PE) license requirement in the job description for the Department of Public Works commissioner, but does allow for exemptions in certain cases with a two-thirds approval of the Legislature. The law, sponsored by Majority Leader Joseph Lorigo, will now go to the County Executive’s desk. The County Executive recently approached Legislators asking for this mechanism because according to him, his search for a new Department of Public Works Commissioner did not bring forth a qualified candidate.

“We did not agree with the Executive’s initial proposal to do away with the professional engineer requirement in perpetuity. The person overseeing our infrastructure needs to have the expertise and qualifications to do the job; however, I understand that after a good faith effort to find a qualified candidate proved fruitless, we may need to look at other options when it comes to hiring. By approving this law today, the County Executive and Legislature can work together to identify a quality candidate for commissioner and grant an exemption if absolutely necessary,” said Majority Leader Lorigo, Chairman of the Economic Development Committee.

At a recent public hearing, several members of the engineering community, including representatives from the Erie Niagara Chapter of NYS Society of Professional Engineers and respected engineering firms, spoke against removing the PE requirement for the county’s head of DPW. They stated several reasons why this would be a disservice to the county and why having a professional engineer in charge is a critical asset for the safety of all. However, the speakers also acknowledged a good compromise may be a one-time exemption if the pool of candidates is lacking.

“We require that the county attorney hold a law degree and the county health commissioner be a certified medical doctor. It makes sense that the commissioner of DPW has the appropriate qualifications to hold this position. I support allowing an exemption, but also understand that this is a unique position and that circumstances can arise that warrant waiving the requirement. I support a law that allows one-time exemptions but doesn’t eliminate the requirement all together,” said Legislator Edward A. Rath, Chairman of the Public Safety Committee.

The Legislature strongly encourages the County Executive to support this local law that offers a common sense approach and compromise to filling the immediate need for a DPW commissioner while protecting the integrity of the position in the future.