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Minority legislators renew push for Erie County Executive to end State of Emergency, relinquish powers

"This isn't about your health or the health of the economy. This is about maintaining authority and control and people are fed up," said Legislator Joe Lorigo.

BUFFALO, N.Y. — Recent numbers suggest Western New York is on the other side of its latest surge ion COVID 19 cases, with the case count just 30% what it was at its peak earlier this month. 

The current level is more in line was back in December near the onset of that surge.

That said, a group of minority lawmakers in the Erie County Legislature is calling for a more democratic approach to the county's COVID response, which they say starts with the County Executive ending the state of emergency he declared in March of 2020, and which has given him most all of the decision making power for almost 2 years.

Fed up and nothing to show for it

"We hear from people every single day that want the legislative process restored and that's what we're trying to do," said Legislator Joseph Lorigo (C) 10th District. "For Mark Poloncarz this is about maintaining his authority and maintaining his control.  People are fed up with it," Lorigo said. 

As the vast majority of counties across the state have moved on from their states of emergency, Lorigo was joined by two other minority lawmakers who believe Erie County should do the same.

Especially they say, because the emergency policies enacted by the County Executive, including but not limited to his indoor mask mandate, didn't prevent the winter surge in cases which many experts now say was seasonal and predictable.

By some measures, they note, including death rates and infection rates, Erie County has actually fared worse among New York's most populated counties which didn't place similar mandates on residents prior to the state doing so.

"If the state of emergency was warranted in Erie County then our numbers would be better than our neighbors around us but they're not," said Chris Greene (R) 6th District.

Two Resolutions Proposed

They've submitted two resolutions.

One directs the County Executive to end his declared State of Emergency. In the alternative, a second, which would direct the Legislature to vote on any mandates the County Executive might wish to extend, allowing for them to at least be discussed and debated. 

For his part, Poloncarz has said he doesn't envision the pandemic nor the rules guiding community behavior to last forever. But he's also been short on establishing any specific, data-based benchmarks to ease restrictions…and even if he did lawmakers say there's nothing to stop him from moving the goalposts as long as the state of emergency remains. 

The County Executive's office has also indicated that beyond mandates, there is still much to be done in terms of being able to acquire and distribute supplies and resources to fight the pandemic and that the State of Emergency empowers him to do so in the most efficient manner.

Meanwhile, those calling for the State of Emergency to end would need the support of the colleagues across the aisle for their resolution to be passed.

"I don't think it would be voted down on Thursday, but I do think it may be sent to committee," said Lisa Chimera, who is a democrat representing the 3rd District, and who chairs the  Health and Human Services Committee to which the resolutions would likely be sent.

While she says sending the resolution to a committee would allow lawmakers to have a "robust discussion with experts", she also indicated that at this point she would not support the ending of Poloncarz's emergency powers.

"I think the beginning of the discussion will be whether or not as a legislature we even have these powers. It is my understanding that we don't," she said.

A More Democratic Approach

Early on in the now nearly two-year-old pandemic, when we didn't know what we were dealing with when there were no vaccines or treatments for COVID, minority lawmakers said it made sense for the County Executive to exercise emergency powers in order to make decisions and marshal resources quickly.

2 years later, they say there is room and reason for others to be part of the decision-making.

"It's time that people have a seat at the table and to let the legislative process play out," Lorigo said.

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