Democrat Howard Johnson abruptly resigned Friday from the Erie County Legislature, where he represented one of the poorest districts in Buffalo, to become a deputy commissioner for the Democratic side of the Erie County Board of Elections.
“This position is open, and we want to fill it as soon as possible,” said Jeremy Zellner, Democratic commissioner for the Erie County Board of Elections and county Democratic Party chairman. “I think he’s going to bring a lot of talent to our department.”
Johnson, who advocated for resources to address urban needs, submitted a two-sentence resignation letter to Erie County Clerk Michael “Mickey” Kearns. The letter stated his resignation was effective as of 11:59 p.m.
Johnson represented the 1st District, which covers a large swath of the East Side, as well as the downtown business district and Lower West Side.
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As legislator, he was a vocal advocate for raises for county legislators. Though legislators voted to raise their pay from $42,588 to $$65,000, Johnson said he thought legislators should earn $85,000 a year. In the 2024 budget, the Democratic deputy commissioner for the Board of Elections has a listed salary of $132,792. It is unclear whether Johnson will make that same amount. When reached by another reporter at an unrelated news conference on Monday, Johnson said his salary is still being negotiated and that he starts next week.
Johnson did not respond to an interview requests from The Buffalo News to offer any insight into why he has decided, without warning, to immediately resign from the Legislature. But he shared a statement through the County Legislature’s Democratic chief of staff touting some of his accomplishments and priorities during his time in office.
“Over the course of the past five years, I have worked with my colleagues in government to improve the lives of the residents of our community,” he said. “The accomplishments I am most proud of include the establishment of the Corrections Specialist Advisory Board to improve the conditions of our jails, the creation of the Urban Initiative fund and the approval of pay raises for the county’s elected officials. I am excited for a new opportunity to serve at the Erie County Board of Elections.”
The Erie County Legislature in March unanimously approved an outside audit of the Clerk's Office in light of two scathing internal audits that found theft, poor oversight and mortgage tax misappropriations adding up to hundreds of thousands of dollars. But 10 weeks later, nothing has happened.
Johnson has been vocal about resources and equity for poor city communities. He also has been a staunch critic of Kearns, the county clerk.
Most recently, Johnson was the most outspoken legislator pushing for raises for all elected officials, including county legislators. As part of that push, Johnson, one of the few legislators who holds no outside employment, talked about how his work as a legislator was a demanding position that he treated as a full-time job. He also talked about the needs of his constituents and about how he is accountable to the people he represents.
Johnson most recently attended a public hearing on Tuesday regarding a local law, sponsored by Legislator John Bargnesi, calling for term limits. At that time, Johnson gave no indication he intended to resign. He said he was still weighing his feelings on the proposed law and listening to people on both sides.
Zellner said he offered Johnson the position as his new deputy commissioner because Arthur “Champ” Eve Jr. is stepping back as deputy commissioner and will be working for the board on a part-time basis.
Johnson’s departure from the Legislature means Democrats will hold a 6-4 majority, instead of 7-4.
The raises recommended by a citizens panel are for county executive, sheriff, comptroller, county clerk and legislators. Six Democrats voted in favor and four Republicans and one Democrat voted against.
The 1st District seat will not remain vacant for long, however. Zellner said the Erie County Democratic Committee will convene to appoint someone to the seat, after which whomever is appointed will need to immediately campaign to win the general election in November to fill Johnson’s remaining one-year term. It’s possible whoever is appointed also may face a primary in the heavily Democratic district.
Johnson’s immediate resignation allows Democrats to potentially appoint someone to fill Johnson’s seat before the County Legislature goes on break for a month in August.
In light of the new state law that would move County Legislature elections to even-numbered years starting in 2026, whoever intends to permanently fill Johnson’s seat will need to pursue a grueling election path after being appointed. The individual would need to win election this fall, run and win election again in 2025 for a one-year term, then run again in 2026 for a full two-year legislative term, Zellner said.
News Staff Reporter Justin Sondel contributed to this story.