Comptroller Mark C. Poloncarz believes Mr. Peter M. Vito’s alleged appointment to the position of Commissioner of Central Police Services (“CPS”) was made in violation of several provisions of the Erie County Charter (“Charter”). His continued presence acting in the role of Commissioner of CPS and drawing a county paycheck is improper, regardless of whether County Executive Chris Collins’ claim that Vito is in an acting capacity or not. As such, Poloncarz believes that Mr. Vito’s appointment is not proper and he is not legally able to serve in this title or receive compensation.
The County SAP computer system shows Mr. Vito was appointed to the title effective on March 11, 2008, with that data input into SAP by the Department of Personnel on March 25, 2008. Our SAP computer finds ending March 28, 2008, Mr. Vito has been paid for 112 hours of county employment two weeks later.
The appointment by the County Executive of the head of each department, division or other administrative unit including the executive division, shall be subject to confirmation by the county Legislature. The county executive may appoint one head for two or more departments. The Charter clearly requires the County Executive to seek the Legislature confirmation of his/her appointment of an individual to the title of Commissioner of CPS.
As of this morning Mr. Collins has not submitted a written request to the Legislature naming a candidate for appointment to the position of Commissioner of CPS and seeking their confirmation.