BUFFALO, N.Y. (WKBW) — A judge has ruled in favor of Acting Buffalo Mayor Chris Scanlon in a lawsuit against Comptroller Barbara Miller-Williams, which impacts millions of dollars in projects across the city.
The judge said that the comptroller must issue bonds to borrow money to pay for projects that were approved by the Common Council and the acting mayor.
In August, nearly eight months after the more than $110 million in capital improvement projects were approved, Scanlon publicly called out the City Comptroller’s office, saying the delay was threatening jobs, infrastructure, and vital upgrades to schools and cultural institutions.
“These are shovel-ready projects,” Scanlon said during a press conference on August 6. “But more than that, they are promises, promises made to the people of Buffalo, promises that we will improve lives, generate jobs and transform neighborhoods.”
The mayor said the holdup was from Miller-Williams’ refusal to issue the Bond Anticipation Notes (BANs) needed to move the projects forward.
About a week later, Scanlon doubled down on his request for Miller-Williams to release bonds and set an August 29 deadline before he took legal action. Miller-Williams argued the plan would push the city far beyond its established debt limit.
Miller-Williams held a public meeting earlier this month to explain her ongoing dispute with Acting Mayor Scanlon. The comptroller emphasized her commitment to ensuring city dollars were spent wisely and prudently, noting that a significant portion of Buffalo's budget consists of fixed or contractual obligations.
In the decision on Wednesday, the judge said in part: "However, the powers of her office do not include a role in the budgetary process other than the ministerial responsibilities as provided for in the charter. Her failure to act pursuant to the Council's resolution was a dereliction of her duty."
WATCH: Judge rules in favor of Acting Buffalo Mayor Chris Scanlon in lawsuit against comptroller
Acting Mayor Scanlon held a press conference on Wednesday evening and said in part: "I think it's important to note that, if you look at the judge's decision, he makes it very clear that when the council adopted the capital budget last fall, they authorized and directed the comptroller to issue bonds on behalf of the City of Buffalo. I think that is a very clear and very important part of that decision and like I said of the process all along. We felt very confident based on the language within the City of Buffalo charter that the comptroller's role in this process was advisory, it was ministerial."
Common Council Finance Committee Chair Mitch Nowakowski issued the following statement on Wednesday:
“I am grateful to State Supreme Court justice Emilio Colaiacovo for his ruling which reaffirmed the budgetary authority of the Buffalo Common Council.
This reaffirmation comes at the expense of taxpayers who had to pay for outside legal counsel, had millions of dollars of infrastructure projects throughout the city halted, and missed an entire construction season that will then ultimately cost more when they are bid out next construction season.
I’m embarrassed for the taxpayers who have to endure the expense of one elected official who after two terms doesn’t understand the parameters of her elected office.”
