BUFFALO, N.Y. (WKBW) — Erie County Sheriff John Garcia released a new draft assigned vehicle policy that explicitly allows certain deputies to use county vehicles for personal use while in Erie County.
The policy shift follows an audit by the Erie County Comptroller and subsequent pressure from the Erie County Legislature, which began scrutinizing the county's fleet management practices after Erie County Sheriff Chief of Narcotics D.J. Granville crashed his county-owned pickup truck into seven parked vehicles in April 2024.
An audit released late last year by the Erie County Comptroller found apparent mismanagement within the county's overall vehicle fleet operations at a cost to taxpayers.
The new draft assigned vehicle policy is drawing sharp criticism from at least one county lawmaker.
WATCH: Erie County Sheriff's new vehicle policy allows personal use, sparks controversy
Erie County Legislator Jeanne Vinal (D - Amherst/Clarence) chairs the subcommittee investigating the county's fleet. Vinal claims the Sheriff's Office's new policy expands the use of vehicles for personal use and suggests the vehicles amount to gifts from the sheriff to employees.
"The sheriff is a public official, not a king, not unlimited jurisdiction on anything. The Sheriff cannot give gifts. The sheriff cannot gift public money or public equipment to employees for private use unless it's within the purview of that small exception of lights and siren-type equipment," Vinal said.
Garcia was not available for an interview, but in a statement, his office said the change is part of efforts to "completely overhaul" policy and procedure within the Sheriff's Office - a process they expect will take approximately 18 months. They added, "As an independently elected officeholder, the sheriff is granted authority over the office's fleet."
"The Erie County Sheriff's Office has initiated a process to completely overhaul policy and procedure. This effort is expected to continue over the course of approximately 18 months. As an independently elected officeholder, the Sheriff is granted authority over the Office's fleet. He is afforded the right to implement policy governing the use of county vehicles by Sheriff's Office employees, with an emphasis on providing the highest quality public safety services to the residents of Erie County. The assigned vehicle policy now in place was developed in coordination with the Daigle Law Group, which consists of lawyers who are experts in effective and constitutional policing practices. We strive to develop policy that is in line with the best nationwide practices, and we believe this policy is consistent with that effort."
The policy was written in partnership with Daigle Law Group LLC, according to a letter Garcia submitted to the Erie County Legislature.
What else is in the policy?
Designated deputies may take their vehicle home for personal use if they live within 20-air miles of Erie County.
Those who live 20-air miles or less outside of the county are permitted to stop while traveling to and from work if the destination is along that route.
Restrictions include a ban on any alcohol being carried in the vehicle unless it has been seized as evidence or contraband. Deputies cannot drive the assigned vehicle if they have consumed any alcohol within the previous eight hours or if they have a blood alcohol content (BAC) greater than .00.
While operating the vehicle off-duty, deputies are required to carry out law-enforcement duties if required and they are mandated to monitor police radio at all times. Deputies will be compensated if they respond to approved law enforcement activities while off-duty.
You can read the policy below.
How many take-home vehicles are there?
The Erie County Sheriff's Office told 7 News they have 183 vehicles assigned with a take-home designation as of Wednesday.
A Sheriff's Office spokesperson said, "The only way to realistically reduce that number without negatively impacting public safety is for the county to construct a substation with a secure parking lot in each of our patrol districts. In our view, that is a cost-prohibitive notion that is not fiscally responsible."
They added that take-home vehicles are "advantageous" in their efforts to increase police visibility and improve response time.
Still, Vinal feels the policy violates federal tax laws concerning personal and non-personal use of vehicles.
"[Garcia] has no power to violate those laws," she said.
The Erie County Legislature is expected to discuss the policy further in Thursday's legislative session.
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
