Buffalo city comptroller to appeal judges decision in lawsuit

BUFFALO, N.Y. (WIVB) -- The legal battle over Buffalo's $110 million dollar infrastructure plan is continuing between the city's mayor and comptroller, despite a judge's ruling back in September, which the comptroller is now appealing.

“It looks dysfunctional, I think it's a terrible look for the City of Buffalo," said Acting Mayor Chris Scanlon. 

In September, a judge ruled in favor of Acting Mayor Chris Scanlon and Councilmember Mitch Nowakowski who sued comptroller Barbara Miller-Williams. The judge decided the comptroller must go to market for the $110 million dollars in bonds for city projects, which the Common Council approved last December. 

City Comptroller Barbara Miller-Willians announced Tuesday that she is appealing this decision, nearly a month after the judge's ruling. 

“I think it’s ego, I do, I think the comptroller set a cap at 28 million dollars, we set a $110 million dollar spending plan and she doesn't want to be told what to do,” said Scanlon.

“The court ruled what the function is of the Common Council and that isn't good enough for the comptroller,” said councilman Mitch Nowakowski. 

Miller-Williams is not standing down, saying, “there is nothing in the charter that says I must do it.”

“It's about preserving the integrity of the City Charter and ensuring independent fiscal oversight for future generations. If we compromise these principles today we put our city's financial stability at risk for tomorrow," she said.

Acting Mayor Chris Scanlon and Councilman Mitch Nowakowski say at this point, the comptroller is refusing to do her job.

“The decision by the comptroller is not only irresponsible but I think it's negligent of her responsibilities. Justice Colaiacovo mentioned in his ruling that her refusal to borrow at this level was a dereliction of her duty and I completely agree,” said Scanlon.

“The scrutiny on her argument is even going to be more narrow. Where were her rights as comptroller violated? They weren't,” said Nowakowski.

Miller-Williams still believes the city cannot go above a $28 million dollar debt cap, though Scanlon says $82 million of the $110 million dollar plan is reimbursable. 

Miller-Williams says that the money won't return right away, which she believes is bad for the city. 

“We're sitting here a year later, and nothing is done, nothing has happened. We have roads that need repair work, buildings that need repair work, cultural institutions that need support and the city comptroller, one person, is holding this up,” said Scanlon.

Miller-Williams says she’ll only agree to bond out for the $110 million dollars if she is forced, saying, “after exhausting all legal remedies, if I must sign the documents to force the City of Buffalo into further debt to be paid back by taxpayers, I will do so under duress in public view.”

It is clear that this battle over the city's finances is far from over, and while Scanlon says he hopes to speak to Miller-Williams about this, she is expected to file this appeal Wednesday.