ERIE COUNTY: Comptroller alleges board misconduct

By Daniel Pye/pyed@gnnewspaper.com

Allegations from Erie County Comptroller Mark Poloncarz about possible misconduct on the part of an employee of the Erie County control board have led the Legislature to pass a resolution asking the state attorney general to take a look.

The comptroller and control board each offered their own proposal for the county’s 2007 capital borrowing, which were then reviewed by the New York State budget division and representatives of the governor. Poloncarz claims Richard Tortora, who is employed as a senior staff member of one of the control board’s financial advisors, said in a conference call that he had contacted the bond companies that had bid on the comptroller’s 2007 capital borrowing proposal.

“It appears he talked to the bond companies without informing the county,” Poloncarz said. “I’m not sure what he did, but he may have said things to drive up the cost.”

Any statements by Tortora could affect whether the Legislature or the control board are awarded the bid, in turn affecting how the money is spent.

Those allegations had the Legislature in an uproar during its Thursday session. Majority Leader Maria Whyte, D-Buffalo, said the control board is in no shape to investigate the charge that one of its agents tried to sabotage the county’s quotes and called for the attorney general to serve as a third party.

Michael Razenhofer, R-Clarence, said he thought the entire issue was just further evidence of a turf war between the Legislature and control board.

“The control board was put here for a reason and that has not evaporated,” Razenhofer said. “This is just another blockade.”

The resolution passed 13-1, with Legislator Dr. Barry Weinstein, R-Williamsville, voting against it.

Kenneth Vetter, executive director of the control board, said the resolution was unnecessary since the control board has already hand delivered a request to the attorney general for the investigation.

“We had discussed this with representatives in the Buffalo office of the attorney general four days before this resolution,” Vetter said. “I’m not sure what significance the resolution has.”

Vetter said the board takes the allegations very seriously and is awaiting the attorney general’s response.

“The appropriate investigation will be made,” Vetter said. “Mr. Poloncarz is an attorney, and I think he understands the ramifications if the allegation is true or the ramifications for him if it is proven false.”

While no one is sure just what was said since Tortora wouldn’t say and the companies he spoke to consider the communications confidential, Poloncarz said the others present during the conference call agreed that the contact didn’t seem appropriate.

“They’re supposed to be helping us,” Poloncarz said. “If he said things that were negative about the county, instead of helping us, he’s hurting us.”

Contact reporter Daniel Pyeat 693-1000, ext. 158.