Erie County Executive Mark Poloncarz might keep his emergency spending authority a while longer but legislators are looking ahead to a time when that authority should come to an end.
In an hourlong discussion Thursday between legislators and the administration's budget and legal officials, legislators wanted to know how much spending authority Poloncarz will have over the new $178 million federal stimulus money coming from the American Rescue Plan this year.
Democratic legislators have said they consider it inappropriate to micromanage the crisis.
But questions about county spending, the impact of federal stimulus money and emergency spending authority drew bipartisan interest at Thursday's Finance and Management Committee.
"It really is one of the best committee meetings that I have attended during my time in the Legislature because it's an important matter," said Legislator Kevin Hardwick, D-City of Tonawanda. "It really is."
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Members of the Republican-supported minority caucus have repeatedly pointed out that Poloncarz had unrestricted authority last year to spend up to $160 million in federal stimulus money earmarked toward Covid-19 response efforts, and millions of dollars in contracts went to vendors without any bidding process.
Poloncarz has also had the ability to shift up to $10,000 between county budget lines without Legislature oversight, a mechanism the administration heavily relied on last year to get emergency spending needs covered.
"I just don't think we're getting the justification or explanation that we need, to continue the administration having these powers without legislative approval," said Minority Leader Joseph Lorigo, C-West Seneca.
The minority caucus put forth a proposal to rescind Poloncarz's emergency spending provisions, though Lorigo said his caucus was open to further conversation and compromise.
The Democratic majority already curbed some of Poloncarz's spending authority this year by requiring Legislature approval for any emergency contracts over $250,000.
The question of whether Erie County Executive Mark C. Poloncarz should have his emergency spending authority curbed remained a live wire among county legislators Thursday.
The new stimulus package approved by Congress divides the allocated government funding into four categories, only two of which are tied to direct and indirect Covid-19 response efforts and hazard pay for certain essential workers, said Deputy Budget Director Benjamin Swanekamp.
Legislator Jeanne Vinal, D-Amherst, asked whether all American Rescue Plan dollars fell under the emergency spending authority of the county executive.
"Things that are directly related to health and safety, versus economic stimulus, are two different things in my mind," she said.
Assistant County Attorney Gregory Kammer clarified that federal money not related to the health and safety response falls outside of Poloncarz's emergency spending authority.
The American Rescue Plan calls for money to be used by governments to make up for revenue shortfalls last year as a result of the Covid-19 health crisis, which Erie County budget officials peg at roughly $30 million to $35 million.
That would include shortfalls in sales tax and tourism-related revenue.
And the broadest category under the American Rescue Plan would cover infrastructure investments in broadband, water and sewer needs. Poloncarz has said he intends to move forward with his ErieNet broadband initiative, which would require legislative spending approval.
The countywide broadband effort stalled last year due to the health crisis.
In addition to the latest federal stimulus package, Budget Director Robert Keating said the county rolled over $30 million from last year's CARES Act funding for coronavirus response. If that money is spent this year, it will still be subject to the Legislature's requirement that all contracts above $250,000 receive Legislature approval.
Hardwick asked at what point it would be reasonable to expect that the Legislature should take back the spending approval authority it has temporarily given up for the past year.
Swanekamp said that likely would be contingent on vaccination levels that provide herd immunity or positive Covid rates falling to 1% or lower.
Health Commissioner Dr. Gale Burstein said at a later committee meeting that emergency spending authority allows the county to quickly open up pop-up clinics and secure additional staffing as more vaccine becomes available. She also said the county is expected to receive a boost in vaccine doses in April.
