New Erie County Sheriff’s Vehicle Policy Allowing Personal Use Draws Criticism from Lawmakers

     A newly drafted vehicle policy from the Erie County Sheriff’s Office that allows certain deputies to use county-owned vehicles for limited personal purposes is generating debate among county officials with critics questioning whether the policy is an appropriate use of taxpayer resources.

     The drafted policy, released by Erie County Sheriff John Garcia, permits designated deputies to take county vehicles home and use them for personal travel within Erie County. The proposal comes in the wake of increased scrutiny over how county vehicles have been managed.

     An audit issued late last year by the Erie County Comptroller’s Office found what it described as apparent mismanagement in the county’s vehicle fleet, which raised concerns about costs to taxpayers and the oversight of government vehicles.

     The new policy has drawn strong criticism from Erie County Legislator Jeanne Vinal, a Democrat representing Amherst and Clarence. Vinal chairs a legislative subcommittee that has been examining the county’s vehicle fleet practices.

     She argues that the sheriff’s proposal expands personal use of publicly funded vehicles beyond what should be allowed and raises legal questions about whether such benefits could be considered improper gifts of public resources.

     “The sheriff is a public official, not a king, not unlimited jurisdiction on anything. The Sheriff cannot give gifts. The sheriff cannot gift public money or public equipment to employees for private use unless it's within the purview of that small exception of lights and siren-type equipment,” said Vinal.

     Vinal has also suggested that the proposal may conflict with federal tax rules governing personal use of government-owned vehicles.

     “[Garcia] has no power to violate those laws,” she said.

     The Erie County Sheriff’s Office issued a detailed written statement defending the changes as part of a larger effort to modernize internal policies.

     “The Erie County Sheriff's Office has initiated a process to completely overhaul policy and procedure. This effort is expected to continue over the course of approximately 18 months,” the statement read.

     Officials also emphasized that the sheriff has independent authority over fleet management.

     “As an independently elected officeholder, the Sheriff is granted authority over the Office's fleet. He is afforded the right to implement policy governing the use of county vehicles by Sheriff's Office employees, with an emphasis on providing the highest quality public safety services to the residents of Erie County.”

     The sheriff’s office also stated that the policy was developed with outside legal guidance.

     “The assigned vehicle policy now in place was developed in coordination with the Daigle Law Group, which consists of lawyers who are experts in effective and constitutional policing practices. We strive to develop policy that is in line with the best nationwide practices, and we believe this policy is consistent with that effort.”

     According to documentation submitted to the Erie County Legislature, the Daigle Law Group LLC assisted in drafting the policy framework.

     Under the draft guidelines, certain deputies who are assigned take-home vehicles would be permitted to use those vehicles outside of their regular shifts under specific conditions.

     Deputies who live within 20 air miles of Erie County would be permitted to take their assigned vehicles home.

     Those living within 20 air miles outside the county boundary may still drive the vehicles home but are limited to making stops along their normal commuting route between home and work.

     The policy also establishes strict conduct rules governing off-duty use. Deputies are prohibited from transporting alcohol in the vehicle unless it has been seized as evidence or contraband during law enforcement operations.

     In addition, deputies are not allowed to operate their assigned vehicles if they have consumed alcohol within the previous eight hours or if their blood alcohol content exceeds .00.

     The policy also requires deputies using the vehicles while off duty to remain capable of performing law enforcement duties if necessary. Officers must monitor police radio communications and be prepared to respond to incidents.

     If deputies respond to approved law enforcement activity while off duty, they will be compensated for their time.

     According to the Erie County Sheriff’s Office, as of Wednesday there are currently 183 county vehicles assigned under a take-home designation.

     A spokesperson for the sheriff’s office said reducing that number would likely require significant new infrastructure investments.

     “The only way to realistically reduce that number without negatively impacting public safety is for the county to construct a substation with a secure parking lot in each of our patrol districts. In our view, that is a cost-prohibitive notion that is not fiscally responsible.”

     Officials within the sheriff’s office also argued that allowing deputies to take vehicles home offers operational advantages. They said take-home patrol vehicles increase police visibility in communities and allow deputies to respond to emergencies faster when incidents occur. The spokesperson added that these benefits play a role in public safety planning across the county.

Take-home vehicle programs are used by law enforcement agencies across the country, though they often generate debate among local governments because the vehicles are funded by taxpayers.

     The draft policy is expected to remain part of an ongoing discussion between the sheriff’s office and the Erie County Legislature.

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New Erie County Sheriff’s Vehicle Policy Allowing Personal Use Draws Criticism from Lawmakers