Buffalo, N.Y. — A court hearing on Monday brought to light a contentious legal battle between Acting Mayor Chris Scanlon and Comptroller Barbara Miller-Williams over fiscal authority within the city. The lawsuit, spearheaded by Scanlon and Common Councilmember Mitch Nowakowski, challenges Miller-Williams’ refusal to issue bond anticipation notes tied to a significant $110 million capital budget.
No ruling was immediately forthcoming from Judge Emilio Colaiacovo, who indicated that he would provide a written decision by the end of the week. This ongoing dispute centers around claims that the comptroller lacks the jurisdiction to block the issuance of these financial instruments essential for city operations.
Attorney Terrence Connors, representing Scanlon and Nowakowski, asserted that the authority to initiate funding measures resides exclusively with the Buffalo Common Council, which has already passed resolutions directing movement to the bond market. Connors emphasized that these resolutions were created through careful consideration and were approved by a vote of six to one.
In his arguments, Connors navigated the intricacies of the capital budget process as outlined in the city charter. He contended that while Miller-Williams might not agree with the mayor’s fiscal allocations, her role does not grant her the power to thwart the process after the council’s approval. “The comptroller doesn’t have the power or the authority to veto lawfully enacted legislation,” he stated following the court hearing.
On the other side, Miller-Williams’ attorney, William F. Savino, countered that the city charter does not explicitly clarify the comptroller’s roles and responsibilities. Savino claimed that for Scanlon’s team to succeed in court, they would need to demonstrate that Miller-Williams’ role is non-decisional rather than advisory.
“If she has any discretion, she wins,” Savino maintained, arguing that he only needs to show that the comptroller has some decision-making authority to prevail in the case. During the hearing, he cited historical resolutions from 1945 and 1994 that he claimed grant bonding powers to the comptroller, suggesting that this evidence illustrates her discretion in the matter.
As the proceedings concluded, Judge Colaiacovo appeared to lean toward Scanlon’s perspective, suggesting that the comptroller’s refusal to issue essential short-term bonds could undermine the integrity of the city’s financial plans.
Savino remained optimistic despite the judge’s comments, expressing a desire for a favorable outcome. “We’re two-point underdogs right now, but we’re hoping to pull it out in the fourth quarter,” he remarked, indicating that he believes further deliberation could yield a different result.
This unfolding case highlights a significant intersection of municipal authority and governance, raising questions about the distribution of power in city finances as Buffalo continues to navigate its capital needs.
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