Buffalo, N.Y. (WBEN) - It was first reported a couple weeks back that following an audit of the Erie County Clerk's Office by the Erie County Comptroller's Office, it was discovered there were about $90,000 of unaccounted funds spanning the full year 2022 and into 2023.
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Upon the audit's findings, the direction of the Comptroller's Office turned towards investigating any potential patterns, if someone is taking money, and whether or not this start just in January of last year.
That's why Comptroller Kevin Hardwick not only reached out to New York State Comptroller Tom DiNapoli for further help in their investigation, but also the Erie County Sheriff's Office and Erie County District Attorney's Office.
The comptroller believes his office has given each party enough information where they can figure out whether or not to pursue criminal charges within the next few days or weeks, rather than months.
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All of these actions at the hands of Hardwick have been signed off and fully supported by Erie County Clerk Mickey Kearns, who has also been actively participating in whatever is needed to assist in the investigation at hand.
"We're working with the Comptroller's Office, there are findings in there," said Kearns on Thursday. "According to the audit, we have 60 days to respond to those findings, and some of them we will agree with and we'll make those changes. That's my job as the Erie County Clerk. However, there's some will refute, and we'll give an explanation to some of their findings."
It was Thursday when Kearns was invited to the Erie County Legislature as part of the budget process to give a review of the Clerk's Office. Among the topics discussed on Thursday with Legislators included the Auto Bureau, fees, sales, what the office is doing with dealers, as well as issues in the housing market and how that may be impacting its registrar's office.
The conversation also pivoted to the audit that was filed and what actions the Clerk's Office continues to take to address it.
"I think it was a good discussion today, it was a positive discussion. We couldn't discuss everything, but we want to be as open and transparent as possible," Kearns said. "What was nice was at the end, we talked about the partnerships where we're working together. We're elected to serve the public. This is not politics, this is about the public. So we're partnering with the Comptroller's Office, we're partnering with the Sheriff's Office, we're partnering with the District Attorney's Office. All four department heads are working together to find a resolution to this issue."
Kearns says at this time, the Clerk's Office continues to is do well in operation, as revenues and controls are strong as they continue to serve the public.
When it comes to the budget process, Kearns feels it's important, because some of the findings were good to know of changes the Clerk's Office will have to make going forward.
"That's what audits are for. There hasn't been an audit of the Erie County Clerk's Office, a full audit that was just done in nearly 20 years," Kearns said. "There's been lots of clerks, there has been lots of comptrollers, and this comptroller really has put a lot of time into this audit, nearly five months. We've been cooperative and responsive, and we'll continue to work together to make sure the taxpayers are first. That's the most important thing."
Looking ahead, Kearns has no inkling as to what the end result may be. He has his own suspicions, and his office and others will continue to look through data in the meantime. Whatever the outcome, Kearns says his office will accept it, and then move forward with the public first in mind.
"We're going to have to make some changes, I'm OK with that. My eyes are wide-open to change, I love change, and we're going to continue to do that. That's what we're here for. There is no blame to go around," he said.
"If a person violated the public trust, they're going to be punished. They're going to be held accountable not only by me, not only by the comptroller, not only by the District Attorney, but by the Sheriff. God bless that person. I feel bad for them if did that and they broke and breached the public trust. A public office is a public trust, but also a public appointment in a trust and confidential position is a public trust, too."
While Kearns has yet to be contacted by the State Comptroller's Office, he says he a lot of respect for DiNapoli and how his office will play into the investigation.
"I know him very well. We want to make sure that when they commence their review, in partnership with the County Comptroller's Office, that we work with them. We want to give them office space, we want to give them access," Kearns said. "I told the County Comptroller I've designated my deputy clerk as the point person for all of these important issues. Whether it's the investigation, whether it's the review, the second audit of the mortgage tax, and we're going to work together. We're going to get this done, and I think in the end, if someone was breaching the public trust, they'll be held accountable."
Hear more of Kearns' meeting with the Erie County Legislature available in the player below: