Buffalo, N.Y. (WBEN) - Republican candidate for Erie County Executive, Chrissy Casilio announced on Wednesday the filing of a formal ethics complaint against current County Executive, Mark Poloncarz.
The complaint revolves around allegations that Poloncarz interfered with the Erie County Board of Ethics' investigation into accusations of him improperly channeling county funds to an agency associated with a woman he was having relations with.
"We need accountability, we need transparency, and we need to let the County Executive know he works for us. It's not the other way around," said Casilio during a press conference in front of the Rath Building in Downtown Buffalo on Wednesday. "He needs to start answering questions, and more importantly, out of all of this, the victim is not getting the service that she deserves. She asked to be heard, she said that she was afraid, and it was all dismissed. That is very unfortunate."
It was revealed this week before the Ethics Board had convened to deliberate the matter on Monday, the County Executive instructed the County Attorney, Jeremy Toth, to provide the board with a legal opinion. This opinion was conveyed through the Ethics Board's assigned counsel, who is an attorney for the County Attorney's Office.
The assigned counsel's role is to assist the board with inquiries, not to issue opinions on behalf of individuals facing ethics complaints.
"Any ethics board member or staff that has any conflict, and this includes donations to Mark Poloncarz's campaign - which is public record, and we know exists - should have recused themselves from this discussion," Casilio said. "Additionally, the council to the board has donated to the County Executive as recently as April 2023. None of these conflicts were mentioned or made public at the meeting, and all of them up here inappropriate.
"We had members of the ethics board that did not demonstrate or recuse themselves from the discussion over the fact that they had donated to Mark Poloncarz's political campaign, and this included the council that also gave an opinion without disclosing that he had donated to Mark Poloncarz's campaign. This is an abuse of taxpayer dollars."
The Chairman of the Ethics Board told The Buffalo News recently it was "inappropriate" for the County Executive to have the County Attorney's Office offer any legal opinion to try and sway the decision making of the board, prior to them even agreeing to take on the issue. He also stated he could recall no prior instance of this happening.
Casilio says this should raise concerns about how the County Executive gained access to the confidential inquiry, even before the board discussed the matter.
"The critical question is this: If the County Executive did nothing wrong, why did he feel the need to provide an opinion, or attempt to influence the Ethics Board that is investigating his conduct? The County Executive should not be using the taxpayer-funded County Attorney's Office as his own personal law firm. That is textbook abuse of power," Casilio said. "If the County Executive, who controls all the Ethics Board appointments, the staff appointments and the assignment of legal counsel, can direct and sway the actions of the board and staff, there is, in effect, no Ethics Board to review his actions at all."
Additionally, a Freedom of Information Law (FOIL) request has been submitted to Toth, seeking all communications between the Office of the County Executive and the Office of the County Attorney pertaining to the legal opinion. This request includes communications between the County Executive and County Attorney as well as any communications staff they may oversee had on the legal opinion.
Casilio believes if she wasn't at that board meeting on Monday, this information would not have been made public. It makes her question what else is happening in county government that is being held from the public's knowledge?
"What other circumstances where there were investigations that were either brushed under the carpet or influenced improperly, not only by the County Executive, but any elected official because of their misuse of how the Ethics Board should work?," she said.
"What's important here is that we are uncovering major problems in county government that need to be addressed, and need to be addressed immediately."
As a result, Casilio feels the Erie County Ethics Board needs an overhaul, saying the County Executive should not be able to direct the staff of an Ethics Board that he appoints.
During the board meeting on Monday, it was said the Erie County Ethics Law of 2018 needed to be updated. If elected as County Executive this fall, Casilio says she will work with the Erie County Legislature on Day 1 to amend the law to include provisions such as:
- No public official under review by the Ethics Board may request or direct an employee of the county to interfere in the inquiry involving them.
- County employees serving the Board of Ethics shall not divulge confidential information regarding an ethics complaint to the person under investigation at their direction.
- The ethics board shall establish a process for protecting confidential information.
- Establish a penalty for any official that interferes with an Ethics Board review, inquiry or investigation. Penalty may be monetary and should be voted on by two-thirds of the members of the Ethics Board.
- Require that in order for the County Attorney assigned to the Ethics Board to involve him or herself in their work for the purpose of giving advice or drafting advisory opinions. The board must request this assistance with a majority vote.
- Include an expansion of terms in the law to include intimate relationships between elected officials and their significant others.
"I firmly believe in the importance of accountability, and our public officials. I will continue to advocate for a system where no one is above scrutiny. Our residents deserve nothing less."
More from Casilio's press conference is available in the player below:
