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REPUBLICAN LAWMAKERS QUESTION REAL PROPERTY APPOINTMENT

The Erie County Legislature’s Republican Caucus rejected the reappointment of the Director of Real Property for Erie County, saying he lacks the qualifications, the request for his reappointment is nearly one year early, and too many mistakes have been made while the department has been under his direction.

Director of Real Property, Scott Bylewski, was first appointed to the position in January 2020.  At that time, Bylewski indicated he would be working toward becoming properly credentialed for the position.  Since that time, however, not only has he not received all the necessary credentials, but there have also been many errors made while he has overseen the department.

A recent audit found that there have been insufficient internal controls over financial transactions, inadequate security protocols for tax payments, systemic issues with taxpayer refund processing, and an absence of written procedures for critical operations.  According to the audit, these are vulnerabilities that run parallel to two recent incidents of financial fraud discovered within Erie County.  While Mr. Bylewski has dismissed those very serious findings as simply “overstatements,” it appears the Department of Real Property has been operating without proper financial and security controls in place to adequately handle tax payments. 

The audit found that until late 2023, the department was not automatically issuing refunds to property owners who overpaid, and 31 of 67 sampled refunds led to taxpayer complaints. The audit also found that several employees had the ability to change, modify, or delete financial transactions in the software system.  In addition, members have consistently failed to receive timely responses from Mr. Bylewski regarding constituent matters.  It is his duty and his responsibility to respond to legislators in a timely manner in dealing with resident concerns.

Until recently there was a lack of response from the director regarding these systemic refund processing issues when these problems were brought to light.  As someone who is handling public funds, this is a department that requires competent oversight and written procedures for these very critical operations. Bylewski’s reappointment was approved 7-4 along party lines.  The early reappointment extends Mr. Bylewski’s term to September 30, 2031.

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