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Mychajliw announces policy change that would strip ECDOH's ability to collect COVID fines

Poloncarz: "He does not in fact set county policy..."

Stefan Mychajliw

BUFFALO (WBEN) - On Wednesday morning, Erie County Comptroller Stefan Mychajliw announced that his office has changed accounting policies, which would strip the Erie County Health Department's collecting, cashing and depositing of all COVID-related fines.

According to Mychajliw, all COVID-related fines will be sent directly to the comptroller's office, effective December 3.


"I am exerting the accounting authority given to my Office by the Erie County Charter. Changing accounting policies fall under my authority as Erie County comptroller," said Mychajliw. "This change in policy does not require approval by the County Executive or Legislature. It is granted to the Office of Erie County comptroller regardless of who is elected to the position. I am Erie County's chief fiscal and accounting officer, not the Health Department."

Mychajliw also changed the some of the accounting policies to establish a staggered payment plan for businesses and individuals who have been hit with a punitive COVID-related fine:
-$1,000 or less: 20-year payment plan
-$1,001 to $5,000: 30-year payment plan
-$5,001 to $10,000: 40-year payment plan
-$10,001 to $15,000: 50-year payment plan
-$15,001 and above: 100-year payment plan

"I am no longer allowing the Health Department cash, collect or deposit fines for COVID-related businesses - they're hurting, they're struggling," said Mychajliw as he joined David Bellavia live Wednesday morning. "I am going to get those payments, and we are going to offer businesses a payment plan, a staggered one, a reasonable one, so they can actually support their families and keep their businesses alive rather than pay punitive penalties to the government."

However, Erie County Executive Mark Poloncarz released a statement in response to Mychajliw's policy changes, simply saying the comptroller does not possess the power to do it.

"The Erie County Charter does not give the comptroller the powers he is claiming to have," said Poloncarz in the statement. "While the charter does provide the comptroller 'have custody of all accounts,' the role of comptroller is a non-policy making position that is stricly ministerial in nature..."

This is a developing story - check back for updates.

Poloncarz: "He does not in fact set county policy..."