Mark Poloncarz ECWA Briefing

WBEN Extras
Friday, June 22nd
00:54:28

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

Though orders talk about something that is not directly county government related. But certainly as impact and many people on our community which was enough all the people can. As Erie county Waller. I do need to know for the record your county water authority is not. Department. It is not division. Erie county government. Says there is counting and it is actually now part of Erie county government you're counting water authorities separate state authority. That was created in 1950. It was created at the height. Of the time in which authorities were sort of exploding across New York State. If you have not read. The power broker Robert Caro I'm Robert Moses. He needs to find the back story associated with the authorities now out can take some time to read it because the power brokers thirteen hundred page doc book Arabic. Is seen laughing in the back it is but if you read about it you'll find out. Why authorities were also created this time in the forties and 50s60s. And I also recommend recommend Richard Norton Smith's biography recent biography on governor Nelson Rockefeller which once again 12100 page book. But it goes into the history of why authorities were created near stayed at the time. And basically they were created to provide service government should be providing to get them off the books. Of governments of the debt. And elected officials would not have to vote on particular projects. Related to the water. So when it pertains to the Erie county water authority. It was discussed and sort of approved in the Erie county board of supervisors. You know Erie islands and or supervisors. In 1949. And was legally created. By the New York State Legislature. To the passage of the new York public authorities law. At 1050. In 1950. Now I do think he needs to be noted for those you don't understand and Israelis say the water authorities political. It has been a political beast since its creation. In 1950 Erie county board of supervisors and basically every year prior to the weeks having control before the civil war. Was controlled by Republicans. New York State Senate in your state assembly were controlled by Republicans including the very powerful. Senate finance committee chair Walter Mahoney. Came from buffalo. And the governor's office of governor Thomas. It's not a criticism about Republicans but the way the water authority was set up in 1950 was in such a manner. That there was one party control. All of the alleges of these supervisors. Who Erie county board of supervisors. And as well as by the senate and the assembly and governor. I actually went back and pulled out these two providers proceedings book and hearing from Erie county's own law department. In if you like your government run by a lot of white man that's exactly what it was like back then just as a note. Because they get remember of the Erie county board of supervisors Wednesday was white male and but we went through and actually found some of the approval language from the Erie county board of supervisors. To create Erie county water authority. Because they knew that water need to be delivered in a better manner that it was that they didn't wanna put the debt on the books Scioscia were there counting. So back in 1950. All these parties came together and they created the Erie county water authority. And they put in provisions in the enabling statute that needed a very political and such yes. These statute provides and people wonder why only three members of the board will the statute that creates your county water authority states that should consist of three members. All of whom should be residents of accounting not more than two members of said authority in office any time should belong to the same political party. That was in effect to ensure that there would always be majority control of the water authority how is your majority control water authority. These appointments were made by the chairman of the Erie county board of supervisors. And ratified by the board itself. When the board of supervisors disappeared it became your county legislature that didn't happen until the sixties. But. It's interesting that it was created at a time in 1950. When there are is was one party rule in New York State one party rule in Erie county legislature. And I say that because it was always assume that this would be a political beast controlled by whatever party control the legislature which you look back in history. In these go back a long time individually each year it was Republican rule. It's not a critique of the Republican Party but it was created is a political beast. At that time. Now three member board. There's only one. Other water authority of the 21 that exists in New York State to have a three member board in Niagara Falls. Public water authority. We have a listing here on the next two pages of the slides all the water authorities and exist in New York State. This information is courtesy of the New York State authorities budget office. In which you'll find that there are only two water authorities are 21 out of three member board. You're kind of water authority in the Niagara Falls public water story. Most of the boards the averages up. Some as large as nine few eight which are fine interesting because you have tight often and votes depending on the make up of the board. You try to avoid Isner male corporate lawyer hat he tried to avoid having a board as an even number because you might never be obligated accomplished. If there's an equal amount of people agree or disagree on the subject manner. But they're only one of only one other authority in New York State that has board. And that three members that's the Niagara Falls. Public water authority surgery counting dollar falls boy and bald every other one. It's five the average is seven summit about nine. So then why is your point is so political. Well in the statute itself it's. That the authority shall consist of three members all of whom shall be residence accounting now more than two members said authority in office at any time so be the same political party. Well. We looked at all the other water authorities receive any other water story at this political makeup. And there is one. It was the Monroe. County water authority which just happened to being created. In 1950 game QB's interest or did you lose. I don't know what was in the water. In 1950. But it was for the creation of political water authority Boortz. Because the only two boards in New York State to have a political component to the appointment of the board stating that they must be a particular political party. The Erie county water authority and the Monroe County water authority which were both created in 1950. Interest in fact so here we are. 2008 team. All these many years later but we're still dealing with the problems associated with having a politically controlled board. For the water authority. So the water authority appointments are made in such a manner the nominations are in writing by the majority. Respectively of the supervisors that's the statute says as a personal legislature. Of each political party. So the majority of each political party makes recommendations saying here's our nominations of the chairman and then the chairman says here's my point. Pointman thing goes to the full board for vote. So. Since it's legal creation in the Erie county water authority has been a political construct. It was created journey aero of one party rule at the state and local level and members are mandated by law ought to be recommended a point pursuant to political parties. The it's very important to note that these people Ehrlich wise it's a political. Folks. It has always been so political. Probably more so than even now but nobody was paying attention. If you look back and re here about the history of the water authority including those. Who've been around for a long time they'll tell you if you think it's bad now you should've seen what it was like in the sixties and seventies. But that was then this is now. So do other locally appointed boards have political requirements and the answer is no except for one. The Erie county board of ethics you probably wondering why would you can work ethics have a political requirement. It's to prevent one party rule of Erie county board of ethics. So that guarantees that one party cannot control the vote at the Erie county board of ethics. That's important because you wouldn't want political considerations to be effective theory county board of ethics and then people questioning whether the ethics board. Is acting in a truly ethical or political manner. So there's only one board. In Erie county that in in and we were able to identify right. That has a political component with regards which appointments but it actually is the reverse of the water authority that were vs. We're gonna have political appointees control board. Here were saying no political parties and control board when it comes a board of ethics the rest of the appointees especially as they pertain Erie county. The buffalo Erie county public library Sunni eerie. You're kind of medical center corporation VC IDA the FDA and all the smaller advisory boards we have they all have that I. Information regarding who can be appointed which is generally. The terms that are identified. Age can't be below certain age eighteen but none of them have a political Contra. None of them require a political constitution of the board I think that's very important because we've been talking about issues associated with the water story for all these years. You've you don't hear from EC MC for the library or Sunni area that all of these organizations are politically control. Because they have larger boards that have longer terms in the current. Erie county water authority does. And the politics is taken away by having these larger boards with longer terms and appointments. That are are cross identified between the county executive the legislature for that matter to governor. So I believe that the Erie county water authority has been critically. Stated against being a political organization. Because it is a political organization. It reminds me of the line. Some of the movies they point out like Italy is going on here every note it's going. So the issue is. What do we do if you want to know eliminate the politics. And make it much more transparent organization well you gotta make changes in your position and real realize that. And one of the recommendations been dissolution. Can the authority be resolved there's no question authority can be dissolved. It's in the statute that created. The recount water authority and it talks about for a period of twelve years from 1949. And thereafter until one all its liabilities have been met. And to its bonds have been painful so you have to meet every one of the liabilities. And to react pay off all the months. And error when that happens the assets transfer automatically to account. So it can be dissolved. That doesn't answer the next question should appease. Reserve battery. And that's what we're talking about as we looked at internally and our and our office. By having multiple conversations at the authority's budget office by having conversations legal counsel by having conversations with those. And the financial. Industry. Just because it can be dissolved does it make sense to dissolved it and one of the ramifications if you do dissolve it on the county here I think that's very important. If we take it over are there. Of financial obligations that woman anchor. To the county here in the answers of course yes or arm angle through holes so. Here's something we haven't talked about people think Erie county water authority represents all your account it doesn't. In this statute the city of buffalo the town a town Wanda in the village of cam or specifically excluded from the territory here anymore. And there are many sections of Erie county where the water authority does not provide any service. So what would you and we have to do if we dissolve the water authority. We have to create a brand new water district separate entity. Under the control of accounting which limits all costs associated with the dissolution and take over the water authority. With. The people in the customers who resides in the district or those who buy their water from the water authority would preside outside the district. Say that. Well according to reports. In Bloomberg as well as what we've been able to gather from the consolidated annual financial report issued by the your art party for 2017. They're currently is 42968384. Dollars in debt. The Erie county water authority knows I'm bonds. Does not include other liabilities that may have because we don't know what those are. But we do know it goes about a little less than 43 million dollars in debts. Associated. With its infrastructure and the money that it borrowed to pay for capital projects. So. 43 million dollars in debt Carey takes it over all the county taxpayers pay for correct no. It's important to realize you have to set up a separate water district and only the people who are in the on this map. And the the colored areas. Would be obligated to pay anything and in some of the collar areas you still might not be obligated to play but the water authority has. On lease and purchasing agreements with generally commercial entity that resides in the areas. So if you're in the white area city of buffalo. Tata on to canned more Grand Island the southern part of the count means Sardinia. Concorde Wales island EC these areas are not touched by the water authority. Technically they're part of the water authority's authority. But those people are not paying into the water authority because they don't receive any service. So you have to create any water district to pay down the debt that would only be applicable to the people. Work it in customers are currently serviced by the water authority. That would be a very very difficult thing to do not impossible. But a difficult thing to do. The joke. Among. Some of the members of the legal community and I similar myself and practice full time anymore all callers is they hope the authority is dissolved. Because lawyers and accountants are gonna make a lot of money and the dissolution of the water authority. And the closeout of the bonds in the issuance of new violence. I guarantee you got to spend hundreds of thousands of dollars alone. On legal fees to deal with the dissolution of the water authority. I know how much attorneys cost we're not talking about being able to do this for 2000 dollars we're talking about doing it for a lot more. So. Here's something else that we've been able to glean as a result of the conversations we've had with the authorities budget office including their executive director Jeffrey Perlman. Based on conversations we've had. The authority's budget office says Solomon perhaps all of the currently outstanding your county water authority that can only be. Prepaid. Upon the payment of 10% premium or penalty. We know what it's like if you have. Let alone it's as you can repay it without charge or does a prepayment penalty there would be a prepayment paneling and some of the violence associated with the water story. Let's say it's 25 million dollars of the 43 million dollars the violence that still 2.5 million dollars. That would need to be added in two what did bondholders. Are going to get paid in the long run which means the ratepayers. Not the entire county but the ratepayers would actually have to pay more. For the work that is already been our weekends. And taking a look at the rates that the water authorities incurred. They're gonna be paying off five million dollars in debt by the end of this year so it certainly would make no sense to. Repay often reduce those loan refinance those loans and they also ahead as it's noted here. In 2016. Interest issues and debt. And I can tell you the rates were lower in 2016 and they are today so. I guarantee you if you went to market we would not give as good rays probably with the authority got back then and we have to pay a premium. So. For those who say it's easy it's not gonna cost anything can be dissolved let's do it. Putting on my attorney had. Putting my former county controller. It's not going to be easy it can be do done but it's gonna be more expensive. To pay off the debt associated with the water story. So I think that's important to note so anybody who's going out there and saying wing into dissolve what's tour which Madonna yesterday. And unfortunately they're saying it without having the facts there's a reason why I didn't jump to conclusions and come out publicly like a lot of other people in such need it is. Because I asked my staff let's take a look at this let's contact authorities budget office let's talk to experts in the field and say well this cost. Not just. Let's do it what are the legal ramifications. Oh by the way there's more hoops to jump through just to close out those bonds and issue new ones for the county there's other ones. Yet determination to renegotiation of labor contracts every one of the labor contracts that exists that the water authority would be terminated because in no longer exists. I'm fairly confident the state would require us to assume. The remainder of those contracts because this is state law dissolve it. And it's possible that the cost associate with those contracts and as my understanding is a little bit better than some of the costs socially Erie county government. We don't know what the long term costs are associated with retiree benefits like health care and pension and based on what I know. In government is a call or pad benefits other post employment benefits. They are gonna run in the millions they could run in probably run in the tens of millions and they may run into the hundreds of millions because they're county's own. I'll other post employment benefit numbers somewhere around 700 million rate it was a long term costs associated with Jos to retiree health care. So there's all kinds of issues there civil service issues regarding job titles and seniority and other less significant but truthfully important issues so. You're jumping the conclusion that we need dissolving need to do it immediately. I understand why there's a lot of dissolution but. Let's have the facts before we say the solution is the right thing because if it cost us millions more. I'm not certain that's the best thing when we can do with a better way so we look at an internally we said is dissolution appropriate. I think it's something needs to be examined and that's why we looked at it but I don't necessarily think it's the best way. Now the water authority. Is truthfully the political football game that never ends. Every dollar of term political football that nobody knows where comes from. This is where cultural political cartoon issued and judge magazine 1989. Where in the corner there. That's. President Benjamin Harrison talking to Uncle Sam. Any he says. What can I do win both parties insist on kicking. That's what the water authorities it's a political football which both parties are constantly fighting sport with control the Erie county legislature. It was created at time of one party rule in New York State. And since then we haven't had one party rule. But we've had a lot of back and forth between Democrats and Republicans Republicans Democrats. And one of the unwritten things when it comes to taking over the legislatures. Take over the legislature. You can control the water authority. You know what it's time to take the football away from them I mean. I mean the political parties. It's time to take it away and to restore some faith and trust in the water authority by the general public. And we believe that there could be him to a better option with regards that in just dissolution. Because of the goal is to eliminate the political influence and ensure that your county water authority is a transparent. And open organization other options exist and to solution including modification of the authorities enabling statute. To meet the expectations of government 2008 team. If you dissolve you still got to pass or something through the assembly and senate the governor and have all those other ramifications associated. But you can amend the statute. They created the water authority. And get what you want accomplished. Without having to go through the cost and all the problems associated with this solution so amend the authorities enabling statute is what I am recommending. To eliminate the political control and continual change of leadership one must increase the size of the board so that two people. Both from the same political party. Do not control the authority. Additionally we can implement through enabling legislation changes that will make sure the water authorities held accountable and transparent to the public. And these as I said can be done without dissolving the water authority which is passing some legal changes with you it's authorities enabling statute. In Albany. It's a lot easier. And it certainly will be less expensive. Number one increase the size of the Erie county water authority's board to seven members. With the appointments made his pol to by the governor. Two by the county executive and three by the county legislature. Because the county legislature and county executive will make independent appointments. The county executive should not be subject to legislative confirmation. And the legislature should not be subject to the county executive's veto. Independent. Now what basically to do would be of the three politically it appointees from the legislature roll over the current members. Which to only there actually will be a third why because you need to have institutional knowledge when he changeover from three person it was seven person board. But what you do is you roll those three people over and the best way to do it is just continue to languages exists no more than two members from one political party. And then. Have no requirement is that the political maple make up when those initial terms expire. You have to have a staggered system for to work properly so what we do is increase the term of office for all members. 25. Years. Not from three to five. And then following passage of the new law stagger the initial appointments of the legislative appointment terms are up for one year. Three and five so there limited's initial terms. In the county executive and gubernatorial has one appointment only as a two year term. And then a second that has a two year term in politics expiration of those terms they all that have permanent fighter points. We talked in authority budget office office they wholeheartedly agree that we should increase the board from three. And we said seven and they said sevens a good number it's the average of water authorities across New York State. And my initial inclination was to create seven members with seven year terms. But the authority's budget office that they thought that was too long. And they said five is okay without. So we decided to lower the number of turn years of the term to fight because you authority's budget office thought it was appropriate. And do this on my own. My staff didn't do this on our own we actually talked to the people who issued the report about the water authority to review authorities all day long. To come up with these recommendations and I think that's very important note. George budget office to support these. Authority budget office also supports my third proposal. To require the authority. To submit not just an annual report. But a quarterly reports. Which is not just the financial reports but also reports of all operational activities including the hiring and termination of employees. And the contracts that are entered into with third party sporting goods or services. And to also include the county executive as a recipient of those reports because right now bylaw the only two parties that receive at the comptroller. And the legislature. Because the legislature is a successor to the board of supervisors. There was accounting controller back in 1950 it was an appointed office. Pointed by the legislature. Now elected office so the controller gets report. The legislature does but the executive doesn't what we suggest any authority budget office also. Greece is appropriate. Is requiring quarterly reports that are much more extensive talking about hiring and firing of employees those who quit on their own as well as issues associated. With all the contracts that are and entered into so everybody knows what it's transparent so open. Fourth one which they also agree with is that the enabling law should be amended to compel. It though authority annually provide to the legislature county executive control like 86 year capital plan. To address entry issues of infrastructure including whether they intend to go out and borrow money. I think it's important we are required at a six year capital plan and are counting. It's important that they do as well and they report to the public Kennedys and public officials on what the plans are for investment in the future. The fifth one for members of the board shall constitute quorum for a meeting inform members must vote in favor of an action. You move up to seven members need for members for a quorum but what happens if four members show. If it's him if the vote is just passed by majority of the members present that means three people could control all votes. Let's say the chairman decides I'm at a special meeting and to call next week why because I know these other 43 members are out of town they can't attended. But I wanna get some things are. And I've got two people are gonna support me I only need three votes. If you amend the statute to require a quorum for. And you have to pass things with the majority of the total member's that are possible. It eliminates the political nature and give an example of where we have a similar provision of like that the Erie county industrial development agency. There are eighteen members on the board the Erie county industrial development agency. To pass any play him at the board you need to have ten votes. Not a majority of those present. A majority of the constituted board. That way. You're always guaranteeing. That things are being shot through quietly that things are being done for political purpose. Because you're getting a majority of the board. Not just those that happened to be present in a meeting. I practice corporate law. I would require provisions similar to this with all my corporate clients just to ensure that two or three people on a small board. Couldn't push everything they wanted through a shot other people. It's important. The fifth one. And it's also the authority's budget office supports. The enabling law should be amended to compel. The authority's executive director and chairperson to hold public meeting at the chamber of your county legislature. To hear the concerns of the public and take questions from the public on a quarterly basis. And that two of those four meetings must be held between the hours of six and 9 PM. So that individuals who work during the day can attend the meetings rather than have it where they often have meetings at 10 o'clock in the morning. Why we want the public to be have the opportunity to question the members of the board say how's water being delivered are there issues. And I'm sure the media would appreciate that opportunity is well. Fifth. Prohibit the authority from entering into any. Shooting seven I anemic last century. Seven. Thanks the prohibit the authority from entering into any employment catcher for a period greater than five years. And prohibit any employment contract for having golden parachutes. Op my initial. Idealist have a limitation. On contracts. For no greater than three years. But the CBO said they thought that was too small. Because there are certain variety of positions like professional engineers and like. Where does they generally have 45 year contracts. So we made a change we decided okay. Let's move up to five years because you HBO's and that's a recommended practice. And because of the issue associated with the recent golden parachute it was issued. To the former executive director which is not the first time that executive directors received golden parachutes. I proposed that it be put particular language that specifies that you can't have these golden parachutes. You could have employment contracts. But no golden parachutes to simple as that. So. I think it's important that people understand that we are not going to allow some of the same things happened in the past. That caused all these questions about its just this nasty political beast that can't be controlled. We can't control it by changing the law associated with the water. Eight. Right now the water authority members and other officers their objective filing the report with the Erie county board of ethics that we believe they qualify. County industrial development agency folks to Erie county medical center does so the folks as soon hairy and a live report but the folks at the water authority like no in and other reported by Erie county representatives. So there's one way to make certain today the members as well as or officer's file their ethics state. Put language. In the law that creates the water authority and sustains its existence saying you have to. File the reports and you have to to follow and be subject to any findings are fines. That are issued by Erie county board of ethics against any of your members as well as your officers. Currently authority objects to do it and they don't file reports. If this legislation is passed they will. Then finally. And this has been a bona contention. Reduce the Stipe and paid commissioners from the car 22500. Dollars to 7500. Other water authorities in New York State hey. Stipends. Or salaries to their commissioners. But no water authority pays all the commissioners Tony 2500. Dollars. Most are small by thousands of 1000. I think something. Should be said. When someone takes these responsibilities on especially if you've extended the term of five years to see we appreciate your services community because. These these positions take a lot of time and effort. If you want people to. Two to really feel that they are invested in this organization as well as the community and put that time and effort that's necessary to do these jobs. I think it's important that you at least offers he's lost. 7500 dollars not a lot of money. But I will say this. It's less with seven members than what's currently pay for. By the water authority to which three members. So would actually save some money list. These are my proposed reforms. I believe they are and will solve the problems that exist at the water authority. I think there definitely needed. We all know that. Just saying let's dissolving take over accounting sounds great. When you look at it maybe isn't so great and it will cost the ratepayers more in the long run because you have to repay the bonds. Yet to pay off all the liabilities including the ones that me. Not have any obligation for two or three years. So just because you say the solution doesn't mean it is the best option they can be considered. And I think we truly we need to do much more information if you ever gonna go down that road to figure out the true cost as we know there will be received significant cost me one. And then finally Elena note. I have known Jerry ship for a long time including. The time when I was not in government. And Jerry was not as water authority chair or commissioner. Back to when we were practicing law. Known Jerry for a long time Rome shed Hudson rostrum. Highest best firms in this area. And Jerry was always known and I've always known to be an ethical. Honorable individual who would never do anything to put his law license its. He is the only member of the water authority to my knowledge. Until Mark Carney was appointed. During his last term at a law license as an attorney I know if you do something that breaks the law you put your law license it missed. And I know Jerry shed would not do anything that would put his law license it's because he is he good honorable ethical man. Who's a pointer for a term he is making. Our reforms right now that I can tell you. Is Jeff Perlman and Mike far from the authorities budget office on a phone conference and I were on that they like these reforms. They think they're appropriate. They do agree more needs to be done but they do think juries doing the right things. And what was interest in his or his phone conversation one of them said they should have done these things years ago when then we wouldn't criticize them. Well they didn't they deserve the criticism. We cherish as implementing what I think there some good reforms other good ones that I proposing today will ensure that the water authorities not a political beast. And as a result I hope that the legislature will support this this can only pass in Albany if the legislature supports it. Because. Passed the law you have to have what's called home rule message. A whole moral message means the local legislature in the county executive sign off on a document so. Assembly and senate and governor saying we want this past. If you don't have a home wrong message. The assembly and the senate won't pass the legislation. So while I have already talked to some legislators not all is my attention over the next few weeks to be spending more time legislators to get their buy in on this proposal. And once we have to then go to the assembly and senate. Get sponsors and have this reforms passed when the assembly and senate meets again next year. So we have some time to do this because you assembly and senate don't mean until January now they're done. So now we can spend the next few months getting legislative wrote confirmation. And approval that these are the right steps to take. And then taking it to assembly and senate having them introduce it we have already talked to the governor's office there where the proposals. And I feel very confident that this past you'll get rid of the political nature of the water authority and make it much more accountable to the public annual are sure going forward. That the water authority that provides 88. True. Important public service to our greater community is not known as a political beast. But just utility. With that I entertain any questions mr. McKinley. Loved. Current. I cannot compel could because it's a state authority and state law needs to change. It. Enable. It yes. Yet. But. It. Correct. Correct it's the same thing we dissolution. Albany will not do it on its own in laws. There. Well you have to change the law otherwise nothing's changed because it says it's a three person board. And it's based off for the political affiliation of the legislature at that point knee that will never change unless you change a law. Yes and no knowledge. We just went through that ordinary counting your accounting tax act where we had. Actually the assembly and sad that we as co sponsorship and bipartisan manner Sean Ryan in the assembly. Patrick Galvin in the senate to change your accounting tax act it was a bar bipartisan bill that at full support from various organizations. Democratic and Republican. The legislature was asked to approve it and they just sat on it setting committee. They'll lose so this is a summer remember Ryan and senator Gelman could not move it on the floor because they don't have home a message that's how Albany works. They say we're not gonna do something that is locally based unless the local government supports it so after the homer message. Charlie. It. Well you might think so but if you think about the other boards have large reports. Library board the returning medical center corporation board. Sunni area Sunni area and he's sincere very similar they have much larger boards that are appointed by the governor and the county executive. The library board has boards that are appointed by an account executive with count the mayor's wells the legislature. People are not talking about those organizations being political beasts and highly political they don't. Because you have an independent board that has longer terms. And one body doesn't appoint it when one body appointed. And it's three members. Tool which controlled the place. And it says you you basically says no more than two QBs from the same political party will what happens when the new political party takes over they put two people that are affiliated with Emma. So what this does is go create truthfully in much. More nonpolitical organization. Because the terms are spread out over the longer terms of the county executive in the governor and legislature legislature has to run for election every two years. Cut executive and governor to run for election every four years the terms are longer than the election terms for everyone was elected officials so five point summoned to the board. They can ignore me totally if they got a five year term seven year term. Truthfully it happens. I people are wanna be on the borderline being honest mortality has barred okay you do a good job under on this board and appoint them I'm never heard from them again. Because they just ignore the county executive AM on the board I don't care about executive matters that's how gross. So you create longer terms and more members in Ukraine a less political board nobody talks about the ivory wars being political. Simple is that I think that's the name and nobody talks about some theories being political. That's what we're looking for. O Alex. You know. Looking back some. You know her sports editor of the finishing my. Talk. 36 cents a raised it was. 1000. Others. Soon. After seeing. It's. What is what is. Just. I was very fascinating subject now and always. That's. Well I can't speak in every particular matter because herself it was a room I don't know the particulars of it and all the water authority can be a pretty tough place. In which the more Tories like we're pass and it whether you like it or not and feel like it maybe this person no longer has job here. Kind of out back in the past. It's been bat. I don't know exactly what. So I'll what I would say is I believe there doing the right things now. If you did remove mr. shad you are down to one member. Of the board which is a problem because it's an emergency occurred. You don't have a quorum which the statute says forms to. You don't have a quorum at which you actually effectuate it make decisions. Above and beyond what has already been given him they don't have an executive directory now they have an interim executive director and there's certain requirements under the statute that only the board can do. Not the the the executive director of the in camera executive director. So I think it was Ferrell was saying yesterday which was bring mr. shed over the legislature have mass answer the questions which. If you terminate him he's entitled to a hearing anyway. And I guarantee you he he if he's going to be terminate he's never hearing he's gonna bring as evidence to show why. These decisions are made regardless of whether he was honored or not. I'm over here to Chris. A lot of meteors. You all. It. Well you know that we we didn't agree and everything you want an all provision that the deal thought that I should not include. They don't think that we should put a prohibition on golden parachutes. I think we all agree after everything it's gone we should have a prohibition on golden parachutes. So I disagree with the recommendation. On that they disagree with me with regards that as how girls. They came and they did the review. I I I took them for the work we have lots of conversations with them. And I think it's important that they acted so now that we can act and ensure that this doesn't happen again. You. And it. Jerry is dislike others in the in the process who made donations mean army noted donations to the Republicans if you look at the Republican commissioners they help him donations to officials. When I'm trying to do is proposes that a reforms. That create. A better system. If the implication is injured issue ads got something I mean I'm we're about is money. Averaged over a million dollars. If he has given me that much I don't know truthfully it's. At times donations come in and don't even know what's coming and over since I was elected in 2011. It's not a whole lot of money when ivories easily over a million dollars during a similar time period. Salt I would just say this and larger issue had to be a good ethical honorable man. And I don't think he would do anything breaking the law that would put his law license numbers he's im trying to implement some reforms right now. I think it's appropriate for him to go before the legislature answer their questions. Simple as that. Why were things done. Why did you vote this way. Ought to to to castigate them without giving the opportunity to do that I think is wrong. I think all of us with we were in a position that are employment in her employer came up and said I'm terminating you. Why because I don't like what you've done we never told me do anything wrong and oh by the way. You point me for this position and I'm supposedly here for a number of years I think we all say right I object to. We all wanna respond we all wanna be given an opportunity to present our case. And I think that's appropriate for mr. shed come out before the legislature. And answer the questions here's what I did. And then if they do decide to terminate them. He's got an opportunity than for a full hearing which I believe would have to follow new York civil procedure law it would basically be trial. Which I'm not certain legislature wants because he could introduce his own evidence which based on conversations I had with some legislators I don't think they wanna see. Because they don't want to know what mr. Simon than mr. Anderson before that mr. Jan we're doing. They they don't want to know what they want to cast aspersions. Which is easy to do it's like it's easy to say let's dissolved but they don't even know the implications of dissolution. So let's get to the bottom of that we've got time. Even if you wanted to dissolve or change the law nothing's gonna happen until the legislature in. Albany comes back in 2019. So let's take their time and let's figure out the way to do it best. And get to the root problems and figure out where the problems that way. And at that point that we can for our. No I've never. Not that I'm aware of not that I'm aware of friends and mark born parents. I have no I have my can do that don't consultant I hired her as a pollster out of Washington DC and in 2000. Fifteen and 2011 we have a consultant out of New York City. As Katie nick her rocker. The jury shad is not a consultant I don't he's ever been paying anything. Well I just like to where you got that information. We're just a question that I don't think is accurate I just want people understand are watching this. No not to my knowledge I know. Do you know. Even though you don't. Kurt you. All. Well binds itself if you're closing out on shift players. Parties that actually are responsible for paying in deterrent for self determining how much each bond is working on a particular day. Having those agents hired to pay off the bonds you have to have. Investment counsel you have to have underwriters after a bond counsel you're gonna spend hundreds of thousands dollars and transactional law. And that money is rolled into the new ones that's the funny thing about it. Is that people think colleague just pay it off and you come up with 43 million dollars and it disappears. But it actually but there's there's a cost. I didn't say hundreds of millions. We have that we that we were in the process is still trying to formulas but we do know there would be a significant cost with the prepayment penalty. Associated with the debt that currently exists. Yeah. There. The authority's budget office thinks three is too small. Without a doubt but he said there's no board it should be three in two water authorities are. I would how do you make it smaller you just hire who you gotta have somebody responsible CF devil board. I practice corporate law for quite a number of years and except for family owned business where it was mom dad and kid. There's no boards that are three person boards. Are all 7911. Or greater. Because that proof that we got more eyes on him in regards to an organization. You have more people can object you more people who say this is wrong. So I don't know how you downsides can get a better organization and the get worse. And the radio itself supports my efforts and increase the board's seven members and they agree that three is too small. Here we are increasing. Political point green mourn her. There. Yeah I understand that but we've never had a press conference like this about Sunni area BC and C library. The fighter advisory board guys even know the fire advisory board exists or that department of health board which actually has the power. To set the health coach for an sanitary code for Erie county is not set by myself it's not set by the legislatures actually set by the department of health board. Those are all appointees or more appointees. It's not three member boards but there appointees of the county executive approved by the legislature or legislative. Appointees. And we're not having conversations about how political they are how decisions are being made in a political basis. Because you have larger boards with longer terms. With more eyes on the board to determine that things are being done properly. Yeah today he. My beautiful. Theoretically. But the change last time I checked out the first I'm the first county executive are there's only been two. Democratic county executives in the history of very counting there's a county executive officers. And because the election now and the election changed. That's what happens. Going forward there are locked in. So. I mean I came in his county executive and I had appointees that were technically county executive appointees. For six years. That I could not change that he Cianci. That I can not change its Sunni area because there were appointed by county executive Collins. Account executive appointees would not appointed by me. I came in and made some changes some of the boards every point and other ones Sharon Hanson. Former share of these UNC board was appointed I think first I angels' number then. Our Chris Collins and then reappointed by me because turns on a good job Buddy Cianci I think as we're talking about by expanding its terms. And the number of folks you get more eyes on it and there's gonna be Republican county executives there's going to be Republican governors. I don't know about this year. I don't plan being county executive for the next two decades but. It. That's untrue because I recommend that they keep the existing board members which the next point severe Republican. Well depends under the appointments saying in my ways to be Democrats. I appoint people who are not Democrats or leave. There. Initiative amend a lot of do anything the problem is we get to serve. If you say you can't be a Democrat or Republican who's gonna serve on the board. You say you have to be in and unaffiliated blank. I mean by law people this is a constitutional right people have a right to make political donations Supreme Court decided that multiple times. You cannot hold somebody responsible for making political donation. So if you've created a law that says you can't make political donations immediately be stricken as unconstitutional by the Supreme Court. Journalism. So the question is how you do it. What you should have as a professional staff. Initiating and in like for example. I'm counting executive. I have the power to appoint a deputy commissioner. For those who are management division. And Joseph for eagle is the deputy. Commissioner for the sewerage management division droll as the deputy hander Chris Collins. Thinking may have been appointed by. I wasn't going to think he was appointed by Chris Collins. Joseph is a professional engineer in the field sewerage management. I would not put somebody in the deputy commissioner of sewerage management who doesn't know how to handle ciller's. Symbols that it. I got a lot of problems a deal with anything counting that's one problem. And backups I do not want a deal let's put that box. So you hire professional people for the professional jobs. The commissioners. And the members are is like with any authority in New York State. I think you're only requirement is to live in accounting. And beauty eighteen years of age. After that it's you you can't limit people and say you're not allowed to be a board member because you happen to be from a particular political party. You wouldn't get any what do you serve. If if you said we want only professionals. Water engineers serve as board members again to you most of like. How much money might. Some might apply market deny that but I think there'd be a limitation on what you can do. Because I will say this as county executive seen a lot of people who moved up the ranks who were great. In their position. When you get a managerial position when he had to deal with issues associated with negotiating health care when it issues associated with. Labor relations especially. They're not the best managers. And and that's what the board really should be managers. Of the operations. To ensure that water is provided safely and efficient and effective manner. And it's up to the professionals that do it on a daily basis to ensure that everything is being improper. Sales guys.
READ MOREREAD LESS