DECEMBER 26, 2008

STATEMENT OF ERIE COUNTY LEGISLATURE CHAIR LYNN M. MARINELLI AND MAJORITY LEADER MARIA R. WHYTE ON BEHALF OF THE ERIE COUNTY LEGISLATURE

The Erie County Legislature is filing legal proceedings today which seek to prevent the Director of Real Property Tax Services, who works at the direction of the County Executive, from imposing an illegal property tax increase.

The Legislature is forced to seek court intervention in order to protect the rights of county taxpayers and to clarify the constitutional authority over who determines property taxes. At stake are fundamental Democratic principles and recognition of the separation of powers. This action is necessary to define the roles of each branch, since an adopted budget has never been ignored in such a fashion.

The County Executive has steadfastly maintained that he would disregard the will of the people and the 2009 amended and adopted legislative budget by sending out tax bills that include an illegal tax increase.

It is necessary to retain outside counsel for these proceedings. While there is some expense associated with doing that, the savings to the taxpayers far outweighs the cost of failure to act. It further protects the people's voice in county government.

It is essential to the future of Erie County that its residents be protected from those elected and appointed officials who seek to exceed the authority granted to them by the Erie County Charter. Under the Charter, the Legislature's powers and duties include, "to make appropriations, levy taxes and incur indebtedness."

This action is the only recourse to prevent the County Executive from arbitrarily imposing this unnecessary tax increase by issuing unauthorized and incorrect tax bills.

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