DisastersFEMA demands that Erie County, N.Y. return millions in disaster relief

The Federal Emergency Management Agency (FEMA) will hold off on deciding whether to collect millions of dollars given to Erie County, New York in the aftermath of the October Surprise storm of 2006.

The storm dropped two feet of snow on Buffalo, resulting in power outages and tree damage across the city which shattered previous records for snowfall during the month of October.

WGRZ reports that an audit, conducted by DHS’s Office of the Inspector General released earlier this year, said Erie County owes FEMA $48 million in disaster relief the county received after the storm, because county leaders did not follow proper protocols in expending the funds.

County officials reject the claims. Members of the Erie County legislature were briefed last week  by Deputy County Budget Director Timothy Callan, who attended a meeting between Erie County Executive Mark Poloncarz, U.S. Senator Charles Schumer (D-New York), and FEMA administrator Craig Fugate.

According to Callan, Fugate agreed to wait another thirty days, and have another FEMA official look at the audit report,  before deciding whether to move forward with a claim against the county.

“However, it will not be an independent entity that is doing this review,” Callan told WGRZ. “The FEMA Office of Chief Counsel, the chief lawyer for FEMA, is getting involved.”

Deputy County Executive Richard Tobe, the lead man when it comes to the county’s response to the audit, believes the decision is fair. He said that “They have to have someone they’re confident in. We’ll see how they do,” Tobe said.

When asked whether the county will have to pay back the $48 million sum, Tobe replied: “I don’t believe so.”

Callan said the issue could take some time to resolve, depending on what FEMA decides to do after the thirty days.

“Acting Regional Administrator Tierney is the person who will draft FEMA’s response to the audit by the Office of Inspector General,” Callan explained. “Then there’s an appeals process we can make to her office if we don’t concur with her decision. Then it goes to Administrator Fugate for him to make a decision based on what the Regional Administrator recommends, and then there’s another appeals process involving the U.S. Department of Homeland Security under the Secretary for Management…so there’s several layers of appeals process within FEMA and within Homeland Security.”

If the appeal process is exhausted and the county is not satisfied with the decision, it can always take the issue to court.

“If it comes to it, someday we would get before a fair tribunal like the U.S. District Court here in Western New York and we will litigate this, and we’re confident if it comes to that, we will win,” Tobe told WGRZ.