BUFFALO, N.Y. (WBEN) – Erie County Sheriff Tim Howard was grilled by county lawmakers over issues related to professional standards within the sheriff's department on Wednesday.
The contentious meeting highlighted issues including alleged sexual relations between current or former inmates and guards, impaired driving offenses, and other past controversies within the sheriff's office.
"Historically, we have looked to the county attorney and labor department for an indication that should we administer a level of discipline that was then reversed by an arbitrator that the payment of back wages, including overtime, would be reimbursed by the labor department's budget or the county attorney's risk-retention budget, both of which offers have been refused," Howard explained in his opening statement. "Our ultimate disciplinary decision are based on the collective bargaining agreement and arbitrators past practices in decisions that have been made on Erie County cases and cases in other counties."
Legislators wanted Howard to answer questions Thursday regarding six different incidents that troubled them. It includes a corrections officer threatening protesters in a street with a baseball bat last year, a holding center deputy's drug and DWI arrest, another officer's DWI arrest after crashing his unmarked vehicle last October, male guards having sexual or romantic relationships with female prisoners or former prisoners, an accusation that a deputy ran the plates of a Buffalo Bisons player and another person to find out why the person was socializing with that deputy's girlfriend, and for data which suggested 70% of investigations among their staff result in exoneration or minor charges or disciplines.
"None of these incidents…involved any staff members having sex with any individuals while they were inmates," Howard said. "There is some allegations of contact with inmates after their release."
The sheriff was asked why there are instances of sheriff's employees who kept their jobs despite being found guilty of crimes.
"Not every crime would justifiably lead to a termination," Howard said. "We know that from past practices from reviewing arbitrators decisions. (In this case) the employee was brought back on a last chance agreement. By the rules, the arbitrators decisions can't be forever. They have to have a shelf life or a completion date. The next act of misconduct by that individual in fact occurred within a day or two of the expiration of that. I think it's just by chance."
Arguably the most contentious part of the meeting came when legislative chairwoman April Baskin brought up the death of George Floyd last year and asked about a deputy who wrecked a sheriff's vehicle because he was drunk
That deputy is still employed by the sheriff's office and works behind the desk. Baskin wondered why he is still employed.
"That's a matter of yet for the court to determine," Howard said. "Do you wish to say at this point that all accusations are true or do you believe in the criminal justice system that exists in New York State?"
"What, Mr. Sheriff-" Baskin said, before Howard interrupted to ask if Baskin would answer his question.
"You were invited here to answer our questions, Mr. Sheriff," Baskin said.
"I am here by invitation and if this isn't a two-way discussion that's open and honest, I'll conclude it right now and end this conversation," Howard said. "You'll make political statements and that's okay, but I make political statements and it's not okay."
Listen to the entire hearing below
