Illegals and licenses 930in716 May 21, 2018

Monday, May 21st

Transcript - Not for consumer use. Robot overlords only. Will not be accurate.

It's 930. In 716. County level standoff on a pretty big political hot button issue we deal with people at the clerk's office we do what refugees. They can get licenses. Public officers laws pretty clear if you. And something that is a violation of the public officers slaughtered your state law you you can lose your job ask George Holtz. I'm Jim winder on the podcast powered by the Brothers of mercy a five star rated skilled nursing residents offering affordable living in a country setting. Erie county executive mark polling cars warning Erie county clerk Mickey Kearns that. Though letter may lose his job over his position on driver's licenses and undocumented. Immigrants. Kearns last Thursday saying he'll not issue a driver's license for any illegal aliens. Even if the state legislature or Governor Cuomo would permit it. The legislature is a bill in committee which would give undocumented people the right to do so. If it fails to pass the legislature Kearns warning that Governor Cuomo may issue an executive order permitting it so here ego. One thing that needs to be clarified. I think you know when we talk about our political spin as we deal with people at the clerk's office we do what refugees. They can get licenses. If they have the proper documentation. Kearns in studio with Susan rose in Brian mess around ski how we deal with student Jesus the university of buffalo. It is a great example we have the I was recently out mold. How we are an international city buffalo were on the international border. So we have to recognize that I you do not have to be. Any United States citizen to get a driver's license but a driver's license is a privilege these are people who came here legally. Canada's relative because as a former legislator was in the state assembly. They're gonna and the recession in June June 20. And even if they do not pass these laws. Governor Cuomo. We know to wake up on the wrong side of the bad. And change his mind on something we pass the bill to save the children sick yet you senate unanimously he vetoed it three months later he changed his mind and he kept open. So I think it's relevant to talk about it it's timely is very timely. And Wednesday I'm meeting with the other clerks were very concerned I got a call from the Niagara county clerk. Who supports me 100%. I think get to Wednesday when you see the support that I have are from other clerks throughout the state you'll see why this is relevant. I guess that the big question is how is this expected to work though if this law is passed serve. How will this work in the clerk's office ideally under the law sure we're not going to process these licenses it's ironic how the lieutenant governor. I didn't go is even inspire sir if you read the New York Times article she said she was the ice agents at the door. Are ready to harass people she asked the district attorney to investigate whether this law would be legal. I'll follow what the lieutenant former lieutenant governor earth should maybe she will be the former but the lieutenant governor. Advocated as a clerk but I think when all the clerks throughout the city remember these are illegal people they're not here legally. When I do the naturalization ceremonies I'm very proud because we. Do pas port. Thank you for doing it legally and I'm very proud of them people follow the las. In the become citizens because of course my grandparents our parents were immigrants from Ireland so I'm not against Democrats I'm against people who come here illegally. Are you mentioned before he had to do driver's licenses. For refugees for immigrants assets truck with proper documentation of what is proper documentation well you need a Social Security parent or some type of our clearance from Homeland Security if people remember on September 11 we had a terrorist attack well people keep this country use of false documentation. It's not only a license is not only a privilege to drive it's a form of identification. So that identification is very important you could do many things with that so of course we're going to do our reaches for the refugee community we're going to do things for our students they're a big part of our economy. But you know I just wanna clarify something. This is not political this is a reality the legislature is taking up this bill there's a sign of illness some adult. And the governor at any point in time to go by executive order I am not and I repeat this now say this again I'm not gonna process those license. But maybe I should do look at the local propose to do and have ice agents at the door waiting for these people and how do. But we're curious to standards for two separate issues with Kathy was a clerk she said these things it's backed its document and now we're political bosses like germ resound where we're trying to spin this. And he's wrong. And I listen to April Baskin and I know as a former legislator what my responsibilities. And duties are we came to the legislature. We're proactive doing my job I wanna thank her for giving eleven additional people 'cause Elijah too long no one has asked for new employees. For ten years we're gonna have fourteen new employees that were processor so I know how to do my job we're doing a great job. Put people on the other side are trying to politicize this. For softly he's talking about something that hasn't even occurred yet. There's little surprising usually end. I don't I guess he's not busy. It was him he must be just wasting time because pretty busy with the work of the people doing the work that we have to do. An exasperated Erie county executive mark Poland cars with. WBN's Mike banker men. I'll just say this. If we are. And we take office required to sign a form. And test that we will follow the laws of the constitution states. Of American station constitutions to New York in the laws thereof. We don't get to pick and choose the laws. There are laws I don't necessarily agree with but I have to force because they're on the books and I would just say that. Clerk he's got to be careful because he cannot pick and choose what laws you will force of the law's New York. But it's sort of a big nothing burger because nothing's been passed. On it in the law. I think what you did is just trying to get media attention and he got it if people are reacting to something that doesn't even exist yet. The long word actually pass. He decides to do this is there anything that. US county executive could do in response or suggest that. Well it's arguable that if he fails to enforce the law. He violates public officers law that solvent and actually forfeit his position got to be careful. Public officers laws pretty clear view and something that is a violation of the public officers slaughtered Hairston volume you can lose your job ask George Holtz. He lost his job is Erie county legislator when he pled guilty to a minor. Sales tax violation with his business he actually lost his job as a legislator so. They think he's got to be careful we should talk to some lawyers before it goes out but that's he's an independently elected official. But as an independent elected official you don't have a choice. Of which laws to enforce. And it right now there's a lot of downforce so it's sort of nothing. And if it does become the law he's got to be careful cannot elect to not choose to enforce certain laws you'd be in violation of the law. And then if he's in violation lauding the erratically. We forfeit his position so he might want to think twice about what he's doing. And your evening you and we do in response to I don't I'm not the clerk of the powers associate with the clerks was nothing I can do. The clerk. Is it a ministerial positions watches they'd like to say they can do explains neither the minister a position in which they administer laws of the state in New York. And remember clerks can be removed by the governor just like sheriffs can be removed by the governor if they're not doing the laws of the state in New York. Summit he's got to be careful. It's as simple as that I mean I. If the county executive is different position the controller is different position they're not like it ministerial positions under the state in New York. The clerk in the share far. And under the power's being invested through the governor the governor could remove these sheriff for the clerk for failure to to enforcing following New York State law. We've seen sheriff Howard talk about which laws is you know force which ones is not well he does have the power to do that in effect he's been enforcing the laws. And so the clerk it's got to be very careful. He doesn't really have a choice in this matter is that in ministerial position. That's not a policymakers. And I would just hope that he realizes that when you signed the old cars. Saying you are going to. In force. And follow the laws of the United States and the State of New York that means you follow all of them regardless of whether you agree with all. We'll see what happens. On the state level back tomorrow. That's 938 in 716. We're back tomorrow with a net irritation from the studios of WD EA and buffalo.