Advertising that promoted services offered through the Erie County Clerk's Office was plentiful in the summer and the fall when incumbent clerk Michael "Mickey" Kearns was running for re-election.
Now that the election is over, County Comptroller Kevin Hardwick is questioning whether taxpayers and not Kearns' own campaign fund should be footing the bill that amounted to tens of thousands of dollars.
"Taxpayers shouldn’t be paying for this, especially right before the election," Hardwick said. "We should be coming up with some rules."
Kearns responded that there are no county rules or policies that prevent him from actively marketing the department to the public. Erie County residents do more business directly with the Clerk's Office than any other county department and need to know what services are available to them, he said. He also pointed out that the money he spent on marketing Clerk's Office services was approved during the 2021 budget process after discussion about the need to improve outreach efforts.
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"I can only spend what I’m allocated," Kearns said. "These are services that benefit the residents of Erie County."
The ads referenced by Hardwick range from promoting the clerk's appointment system for motor vehicle transactions to the thank-a-vet program, which highlights discount programs and other perks offered to U.S. military members. Others marketing pieces promote the "Renew Local" campaign that encourages residents to renew their drivers licenses and vehicle registration locally so that the transaction revenue stays in Erie County instead of flowing directly to the state.
None of them reference Kearns as an incumbent candidate for re-election or ask for votes or contributions. But all feature Kearns' name, image and/or voice.
Hardwick said he understands the value of leveraging incumbent status as an elected official and would not begrudge anyone free publicity through news conferences and other attention-getting efforts.
"This is different," he said of the advertising billed to the county. "This was paid media."
Overall, it appears Kearns spent nearly four times as much money on marketing the Clerk's Office through paid media this year than last year, based on data provided to The Buffalo News by the Comptroller's Office. The total for 2022 so far amounts to more than $50,000 for various billboard, print and airwave ads.
In a letter to Kearns on Monday, Hardwick referenced various examples, including a recent invoice of $10,145 to Audacy for radio spots that began airing three weeks before the general election and continue post-election.
"Now that this year’s election is over, I am asking for an explanation of the public expenditures you approved which seem to have political overtones," Hardwick said.
He mentioned one example that involved a full-page ad for the 85th convention of the New York American Gold Star Mothers, which was held in Lake George. He questioned how anyone could suggest that a dinner program ad referencing support for the Gold Star Mothers should count as a county expense instead of a campaign expense.
Kearns said the money he spent on professional services to improve outreach efforts was part of a multilayer approval process. He said he spoke with the county's budget office last year and justified the need to better market Clerk's Office services. He also said his chief financial officer spoke with the Purchasing Department multiple times about the marketing expenses.
He said the ads were not meant to boost his re-election chances. He spent more on outreach and marketing this year because he was restricted by Covid-related budget restrictions in prior years.
"These are allowable expenses," he said, questioning Hardwick's motivation for raising the issue. "Whatever his opinion is, that’s his opinion."
Kearns is a Republican-endorsed Democrat. Hardwick is a Democrat who supported Kearns' opponent, Melissa Hartman, in this year's Clerk's Office race.
Hardwick said he waited until after the election to make this an issue and noted that Kearns was a former college student of his, with whom he generally gets along. His staff also noted that Kearns spent relatively little on marketing even prior to Covid until this year.
Kearns said Hardwick seems to want to score political points instead of solving a problem. He said Hardwick could have approached him at any time and talked with him about his concerns instead of submitting a formal letter to Kearns and clocking it in with the County Legislature.
Hardwick acknowledged that what Kearns did may not have violated any county policies. But if that's the case, he said, he wants to create some.
Now that this year's election cycle is over and before the next one gets underway, Hardwick said, he hopes to introduce a new policy prohibiting incumbent, elected county leaders from having their names, likenesses and voices appearing in county-paid ads close to an election.
"I want to use this as a discussion starter," Hardwick said. "We ought to clear this up in the next couple of months before things get cooking."
Kearns said if Hardwick thinks a new policy is appropriate, he has no problem with that.
"Whatever changes that are made, I will follow," he said. "That’s his job."
