[On September 23, 2023, the Buffalo News published two versions of the following post. The on-line version includes several sentences – totaling 122 words – not contained in the print version. The two versions use different titles (both rejecting my chosen heading, “Erie County’s Flawed Code of Ethics – The Gift that Keeps on Giving.”) Attached here is a pdf with both versions: AnotherVoice re Poloncarz-Ethics Code – 2-versions 09-23-23.]

The public will not have the benefit of a ruling from the Erie County Board of Ethics on whether County Executive Mark Poloncarz acted improperly when a committee he chaired awarded a $60,000 grant to a cultural organization run by a woman he allegedly dated.

As reported by the Buffalo News on September 12, three ethics Board members – all of whom had been nominated to the board by Mr. Poloncarz – concluded that they lacked the authority to review the matter. In their view, the Erie County’s code of ethics is limited in its scope to addressing potential conflicts involving spouses and other relatives, and makes no mention of alternate types of romantic relationships. For that reason, “they wanted to err on the side of caution, calling it hard to know where to draw the line without more specificity in the code.”  [See Erie County Code of Ethics – Local Law 3-30-2018 .]

In fact, the board’s ability to investigate ethics complaints is broader than the strict language of the ethics code and encompasses the spirit of what constitutes a conflict of interest.  I reach this conclusion reluctantly, as a lifelong Democrat, and no fan of Chrissy Casilio, the Republican seeking to unseat Mr. Poloncarz in the November election.

The ethics board’s rules and regulations contain the following acknowledgment of the limitations of any ethics code:

    “No code of conduct, however comprehensive, can anticipate all situations in which violations may occur nor can it prescribe behaviors that are appropriate to every situation; in addition, laws and regulations regarding ethical responsibilities cannot legislate morality, eradicate corruption, or eliminate bad judgment.”

[See Erie County Ethics Board’s Rules and Regulations]

In light of this flaw, and in direct contradiction to the Poloncarz nominee’s desire “to err on the side of caution,” the board’s rules expressly state that, “These rules shall be liberally construed to accomplish the purposes of the Ethics Code.”  Those purposes include discouraging county officials from acting upon personal interests in the performance of their public responsibilities, and promoting and strengthening the faith and confidence of the people of Erie County in public officials.

The ethics board’s wish for more specificity in the code is ironic.  When the current code was signed into law on March 28, 2018, County Executive Poloncarz’s press release proclaimed that the code “modernizes and clears up our county Code of Ethics, clarifying what is acceptable behavior and what is not while eliminating the ambiguous provisions,” and “contains clear definitions of prohibited and non-prohibited activities.”

The new ethics code added to the list of non-prohibited conduct the receipt or acceptance of gifts from a “family member” or “person with a personal relationship with the public official.”  Mr. Poloncarz assured the Buffalo News, in a February 17, 2018 article, the phrase “personal relationship” was meant to include someone with an intimate relationship with a county official.

It seems the County Executive was thinking ahead.  The ethics code he championed does treat as equals spouses and someone in an intimate relationship with a county official.  It’s the gift that keeps on giving.

With All Due Respect,

Art Giacalone