BUFFALO, N.Y. — Erie County Clerk Michael "Mickey" Kearns says he will allow the County comptroller to review bank accounts under the control of the clerk's office.
The concession made by Kearns on Thursday would appear to put to rest a dispute between Kearns and Erie County Comptroller Kevin Hardwick which has simmered for several months.
According to Hardwick, he discovered last fall that his office had access to all of the bank accounts (approximately 25) held by various county agencies, except for two.
The exceptions were the bank accounts under the control of Erie County's independently elected county sheriff and county clerk.
"My position is that if the comptroller is indeed the taxpayer's watchdog, you can't have a blindfolded watchdog," Hardwick told Erie County legislators at a meeting of the legislature's Finance Committee where Kearns was also present.
You Need Consent
Hardwick told lawmakers his first step was to approach M&T Bank where the accounts are held, in order to request access to them.
"We asked for 'read only' access to them," said Hardwick. "We weren't seeking any sort of control over the accounts, we just wanted read only access.
However, Hardwick reported that the bank told him that because he wasn't the signatory on the accounts, his request could not be granted.
Hardwick then asked those who were the signatories for their permission.
Sheriff John Garcia granted the comptroller's office the access they requested, however Kearns was hesitant, and said he wished to consult the County Attorney's office for its opinion.
Concerns Raised
"No other comptroller prior to this has ever asked for this," said Kearns.
Kearns, who is also out of favor with fellow democrats who control county government, then suggested there was more than accounting afoot.
"It's about every day surveillance," said Kearns. "And and that's what it comes down to. It comes down to surveillance of the (county clerk's) office."
Erie County Attorney Jeremy Toth, who also appeared before lawmakers on Thursday, claimed that his office spent six weeks researching the issue and in April issued an opinion which he said Kearns "didn't like".
The opinion sided with Hardwick's stance.
Kearns insisted the legal opinion offered by Toth wasn't solid, because it failed to cite any case law supporting the comptroller's position that his office should have access to the accounts.
"That's just an illogical position, so that's why I think there's no case law," Toth said.
Kearns was also upset that Toth's opinion was shared with Hardwick, before it was shared with him.
"I'm the client! I asked for the opinion!" exclaimed Kearns, before Toth retorted, "Mickey Kearns, you're not my client. My client is the institution of county government."
Toth offered another opinion while on the floor of the legislature; that even if county legislators voted to compel Kearns to give Hardwick access, the measure would not likely have any force of law behind it.
Compromise Sought
With the prospect of a costly, taxpayer funded court battle looming, committee chair Timothy J. Meyers sought a compromise …and Kearns offered one that would provide the comptroller increased access to the accounts under the clerk's control, but which stopped short of allowing Hardwick's office to monitor the accounts in real time whenever it wished.
"They want information, we want to give it to them. It's just the unprecedented manner in which they seek access that we are concerned about. So we have no problem providing them weekly statements (of the accounts) or weekly updates. I will provide that," Kearns said.
"With you saying you want to give them this and give them that, but only on your terms, to me that says your hiding something," Legislator Howard J. Johnson Jr.
Kearns took exception to the Johnson's remark and asked that it be stricken from the record, before suddenly capitulating moments later.
"If it'll end this, then we'll do it," announced Kearns. "We'll do it, we'll end it. Period. I'm doing this in protest but I will comply and we'll grant the access and I'll tell my Chief Financial Officer to do this today," Kearns said.
Kearns then rose to leave the chamber, but turned to Hardwick, whom he said he had the greatest respect for, and extended his hand to shake.
As he took his hand, Hardwick thanked Kearns for his decision.