Brian Sharp

@SharpRoc

Special favors that led to the waiving of local fees for things like pistol permit cards, passports and other matters have cost Monroe County taxpayers more than $35,000, County Clerk Adam Bello said Monday.

"There was a culture of fee waiving occurring in the Monroe County Clerk's office," Bello said, adding: "It was intentional. The administration knew it was occurring."

Bello charged that the waivers violated state and federal law. He has been in contact with law enforcement, he said, and asked the county attorney to try to recoup the fees.

While Bello dismissed questions of political motivation, the environment in which the allegations are being leveled is politically charged. Bello is a Democrat, facing election in November after being appointed this past spring to succeed Cheryl Dinolfo, a Republican elected county executive. Dinolfo led the clerk's office since 2004. The alleged improprieties extend at least to 2008, Bello said, his search limited by the county's existing computer system.

The majority of the overlooked charges — $19,000, officials said — is connected to one company that had not paid for data queries (customized, automated or regular searches for public records) over a span of nearly eight years. These are typically title search or media companies. It was not immediately clear if the matter involved wrongdoing. The company involved has requested a meeting, and the clerk's office is declining to publicly name the company until that sit down occurs, said Thomas J. Morrisey, assistant deputy clerk.

Bello said the county's electronic accounting system had to be modified to accommodate the waivers, and that front-line staffers were directed to look for certain individuals. He declined to identify those who received waivers, even in the most general of terms, citing confidentiality restrictions. He said he has asked the U.S. State Department to waive confidentiality protections and allow him to identify those involved.

Dinolfo spokesman Brett Walsh issued a statement Monday afternoon that read:

"Under Cheryl Dinolfo, the Monroe County Clerk’s office returned over $30 million to Monroe County taxpayers. In an era of increasing state and federal collection of fees, the County Clerk’s Office was focused on customer service and increasing the number of people completing transactions locally. In addition to the Renew Monroe program which encouraged Monroe County residents to file paperwork through local clerk’s and DMV offices, some employees were given the discretion to waive local fees for customers in order to help provide a high level of customer service while pushing back against initiatives which strive to take local fees into state and federal coffers.



"In addition to previous customer service initiatives, there are several categories of persons who are exempt from paying fees by law (law enforcement, people acting in official capacities, certain military personnel, etc). By making veiled accusations and implications without the benefit of public scrutiny, the public is left with neither the ability to question the timing and motivations of this information release, nor the ability to understand the context under which waivers were granted."

The legal question is twofold, said Rick Su, a University at Buffalo law professor. First is whether state and federal statute allows discretion on local fees. And second is how that discretion is applied. Is there a solid, uniform reason, no reason, or an abuse of discretion based on personal, political or other motivations?

More than $15,000 in forgone fees related to passports, mainly the local execution and photo charges, according to Bello. Another 55 involved pistol permit plastic replacement cards.

"In some case, adding insult to injury, taxpayers picked up the tab for postage on expedited passport applications," he said.

One family alone allegedly had fees waived for 15 family members.

Federal regulations set out who is exempt from passport fees. Those include federal officers or employees traveling on official business, American seamen requiring a passport for his or her duties aboard a U.S. flagged vessel, and members of their immediate family, a widow, widower, child, parent, brother or sister of a deceased veteran traveling overseas to attend the funeral or visit the gravesite of the service member. The U.S. State Department also can grant waivers for compelling circumstances. State law covers pistol permits regarding law enforcement, according to the county.

Bello displayed a large stack of allegedly problematic applications with fees waived but, according to the administration, has not turned over any material to the county's law office. Asked during a news conference, Bello said he had "never waived a fee."

"Government is supposed to serve and protect taxpayers," he said in a prepared statement. "Government is not supposed to be about special favors for a select few.

"There couldn't be a more clear example of why people have lost faith in government."

In a news release later in the day, Bello said he had been contacted by "many concerned citizens" curious whether they had received an improper benefit. Those wanting to check their payment records must visit the clerk's office in person with a valid photo ID, and can "make restitution" by cash, check or credit card payment, he said. Telephone inquiries will not be granted.

BDSHARP@Gannett.com