Editor’s Note: Friday morning, the office of Erie County Executive Kathy Dahlkemper issued the following statement regarding her veto of an ordinance passed by Erie County Council naming members to the new Rail Futures Commission:
County Executive Dahlkemper issues statement about veto for Rail Futures Commission appointments
County Executive Kathy Dahlkemper has released the following statement after Erie County Council passed an ordinance to appointment members to the Rail Futures Commission:
“I was surprised to receive Ordinance No.115, 2021, which attempts to appoint members to the Rail Futures Commission. I have made clear to Chairman Anderson and other council members that I would not be appointing members to this Commission or any board or commission with only days left in my administration and some council members’ terms. These appointments should await the new County Executive and new Council, as Mr. Anderson suggested recently when addressing appointments generally.
“Further, Article III, Section 5 (k) of the Home Rule Charter specifically reserves to the County Executive, not County Council, the authority to “appoint and remove” all members of County boards and commissions. All such appointments require action of the County Executive. The fact that the County Executive has, in the past, looked favorably on Council’s suggestions for filling seats on boards and commissions does not change the clear line of authority set forth in the Charter.
“Because Council has no authority to initiate these appointments, and because they are in violation of the Charter, Ordinance 115, 2021 is outside of Council’s authority to act and deserving of veto. I am instructing members of my Administration to decline to recognize the validity of any appointments to the Rail Futures Commission, or any actions of the referenced Commission, until appointments are properly initiated by the office of the new County Executive and properly consented to by the new County Council after January 3, 2022.”
County Council responded Friday afternoon:
Derailing Our Future
The County Executive’s decision to stall the formation of the Erie Rails Future Commission is a real shame. Council’s unanimous approval of appointments to the Commission were intended to
keep a project moving that will lead to hundreds of new jobs, millions in federal funds and considerable new development in a County that desperately needs such an infusion. Ordinance 115,
2021 went through readings at two separate meetings and passed unanimously on November 30th. Still Mrs. Dahlkemper expressed no objection at any time before today.
Carl Anderson III, Council Chairman: “Losing this momentum is very concerning; especially since it is for no good reason. Thankfully, the new County Council Members and the County Executive-Elect understand the value of economic development, and the terrific need for our economy to move forward. I really do not understand why Mrs. Dahlkemper waiting until the 11th hour to drop this announcement and potentially put funding and progress in this matter at risk. This seems rather vindictive and self-serving. Why would she want to leave that as her legacy as County Executive?”
County Council sent notice of all the desired appointments for the Erie Rails Future Commission well in advance of the meeting and heard no response. The decision to vote was rooted in the shared belief that the project had value for our citizens. Strategically preparing for the unforeseen, Council proactively restricted funds in the 2022 Budget to fund this investment in Erie County’s future. Carl Anderson III, Kim Clear, Mary Rennie, Brian Shank, Ellen Schauerman, Andre’ R. Horton and Scott Rastetter serve on Erie Country Council.
