The dispute between Buffalo Acting Mayor Chris Scanlon and Comptroller Barbara Miller-Williams was heard in court Monday.
The lawsuit - filed by Scanlon and Common Councilmember Mitch Nowakowski - claims that Miller-Williams does not have jurisdiction to refuse to issue bond anticipation notes as part of the $110 million capital budget.
No decision was reached, Monday. Instead Judge Emilio Colaiacovo will provide a written decision which he said he “hopes to get done by the end of the week.”
Scanlon and Nowakowski’s lawyer, Terrence Connors, argued the authority to kickstart funding rests with the Buffalo Common Council, which already adopted resolutions to go to the bond market.
"Resolutions that will help this city move forward that were prepared by the mayor with careful, thoughtful deliberation provided to the common council voted on six to one, and it should be her job to implement those resolutions," Connors said.
In court, Connors tracked through each part of the capital budget process as laid out in the city charter, arguing that once signed off by the common council, the comptroller can “disagree but she can’t defy” the mayor’s spending plan.
"We take the position that the comptroller doesn't have the power or the authority to veto lawfully enacted legislation," he told reporters outside the courtroom after the hearing.
In response, Miller-Williams’ attorney William F. Savino argued the city charter is not clear when it comes to the comptroller’s exact responsibilities. He claims to win the case, Scanlon’s team would have to prove that her role is purely advisory and lacks decision-making.
"If she has any discretion, she wins," Savino asserted. "And that's why I don't need to prove she has a veto. I only need to prove she has discretion, and I'm only trying to prove what I need. And discretion gets me a win."
In court, Savino pointed to decades-old resolutions passed by the council in 1945 and another from 1994 that delegated bonding powers to the comptroller. He thinks that should be enough to show she has discretion.
But at the end of proceedings, Judge Emilio Colaiacovo hinted he favors Scanlon’s argument. He said the comptroller “does harm” to the city’s capital budget process by refusing to issue all the short-term bonds.
Realistic yet undeterred, Savino hopes that the judge will change his mind during deliberations.
"I did read the tea leaves right now - we're two point underdogs, but we're hoping to pull it out in the fourth quarter," he said.
