Erie County Comptroller Mark C. Poloncarz today released a review of the 2010 cultural and public benefit funding process of the Erie County Department of Environment and Planning and the County Executive Christopher Collins Administration.

This review specifically examined the status of 2010 contracts and payments to agencies that were awarded additional funding by the Erie County Legislature ("Legislature") above the amounts projected by County Executive Collins in his proposed 2010 Erie County Budget.

The review followed significant changes by Collins in 2009 to the cultural funding and contract process, including requiring that the agencies expand their boards of directors to include new board members appointed by and serving at the pleasure of the County Executive. That 2009 situation resulted in significant discord between Collins and the Legislature.

In his proposed 2010 Budget, the County Executive allocated $5,066,500 in funding to 36 cultural organizations operating under the Cultural Resources Advisory Board ("CRAB") fund center. In addition, the County Executive allocated $460,000 in funding to four public benefit organizations. In December 2009, the Legislature amended the County Executive's proposed 2010 Budget and increased funding for the 36 cultural organizations and provided funding for about 15 additional cultural and public benefit organizations that were not included in the proposed budget. The total value of the new Legislature appropriations was $1,670,586. The County Executive could have vetoed those additions, but other than one small addition, he declined to do so.

Following that action, the County Executive's Administration informed the organizations scheduled to receive additional legislative funding that he would not provide them with the additional funds in 2010, but would provide the funds by March 2011 if the County meets its 2010 budget target for the vacancy control account. However, as noted in the review, Collins' 2010 contracts with the organizations do not pledge to release the funds by March 2011 if the County meets its vacancy control target; only that the County may potentially release the funds, a major difference from the administration's earlier position and statements.

Significantly, the review found that contrary to his assertions, the County Executive executed a 2010 contract with one organization, Erie County Soil and Water Conservation, to provide them with the higher Legislature-approved amount while informing the others they will not receive any higher amounts or funds.

Poloncarz said, "The fact that the County Executive contracted to provide the higher Legislature-approved funding to one agency while telling all others that the County does not have sufficient funds to do so reflects the hypocrisy of his argument. While he had the authority to veto the additional 2010 cultural and public funding appropriations, County Executive Collins declined to do so. This failure to act is significant because the County Executive had a legal mechanism before him, the veto power, to express his will and he elected to not do so. In effect the County Executive is attempting to subvert the checks and balances of the County's Charter by controlling the expenditures to these organizations after he elected not to veto the Legislature's additions. As a result, he is holding cultural and public benefit agencies at bay with his political fighting with the former Legislature majority."

Poloncarz concluded "While the Charter grants the County Executive the authority to act as chief budget official, our office questions his rationale and justification for his actions in holding back some of the $1.6 million in additional 2010 funding for cultural and related organizations. The County has a $1.4 billion budget. The Legislature's supplemental funding is approximately one tenth of a percent of the budget. Given the County's recent five year history of recording surpluses, including a projected 2009 surplus of $40 million, there is no reason for the County Executive's actions from a budgetary and fiscal standpoint at this time. Therefore, I call on the County Executive to end the impasse with the organizations and Legislature and sign contracts to allow for the release of all appropriated funds in 2010."

A copy of the Review can be found at: http://www.erie.gov/comptroller/county_audits.asp