The in-fighting between Buffalo Acting Mayor Chris Scanlon and Comptroller Barbara Miller-Williams is set to continue after the comptroller announced she is appealing a court decision ordering her to issue all funds approved in the capital budget.
Last month a judge ruled that the Buffalo Common Council is the appropriating body that has the right to approve the funds according to the city charter, and the comptroller does not have the authority to refuse to finance the projects.
Miller-Williams disagrees.
"It was ambiguous at best," she said Tuesday. "There's nothing in the city charter that says I must. The words such as the use of 'shall' and 'should,' but based on my interpretation - and I'm not an attorney so I had to defer to my attorney - he felt that if we take it to the next level there is a strong possibility it could be overturned.
"There is nothing in the charter that says I must do it," she asserted.
The common council signed off on resolutions appropriating $57 million for city infrastructure projects, but the comptroller is still refusing to issue bonds for $28 million of that because it exceeds the $28 million debt-limit imposed by her office. That money is slated for the purchase of police and fire vehicles and to fund building improvements, demolitions and tree removal across the city.
The comptroller said she's appealing because she wants to protect the fiscal stability of the city for years to come.
"Let me be very clear, this appeal is not about politics or personal disagreements. It's about preserving the integrity of the city charter and ensuring independent fiscal oversight for future generations. If we compromise these principles today, we put our city's financial stability at risk for tomorrow," she said.
In the September ruling, Judge Emilio Colaiacovo called the comptroller's refusal to release the approved funds a "dereliction of duty." Acting Mayor Chris Scanlon, who filed the lawsuit, said he "completely agrees."
"I think that the decision [to appeal] by the comptroller is not only irresponsible, but I think it's negligent in her responsibilities," Scanlon said.
He said he doesn't buy the comptroller's claim that the appeal is not politically motivated.
"I think it's ego. I do," he said. "I think the comptroller set a cap at $28 million, we passed a $110 million spending plan, and she doesn't want to be told what to do."
The council's finance committee chair, Mitch Nowakowski, a co-plaintiff in the lawsuit, said the appeal seems like "political chicanery."
"It comes off as trickery for a political purpose," he expanded.
The warring parties both engaged outside legal counsel to fight their case, and Miller-Williams said it cost her office around $8,000. Scanlon could not give numbers for his side of things Tuesday, but reiterated the delay to capital projects caused by Miller-Williams' refusal to secure financing will cost taxpayers "tens of millions."
"We're talking about projects that might have cost $48 million next year, now we're being told could cost somewhere upwards of 55 or $60 million and every day that goes by, these projects cost more and more money," Scanlon said.
Scanlon plans to consult his attorneys about the appeal process and next steps.
