Saturday, December 19, 2015

Selected Reports issued by the Office of the State Comptroller during the week ending December 19, 2015


Selected Reports issued by the Office of the State Comptroller during the week ending December 19, 2015
Click on text highlighted in color to access the full report

Bombay Clerk Charged in Theft of Justice Court Fees

A North Country court clerk is accused of pocketing more than $5,400 from the Bombay Justice Court while the other court clerk was absent, according to State Comptroller Thomas P. DiNapoli.

Eric Fleury, of Constable, was charged with grand larceny in the third degree, a D felony, in Dickinson Town Court. The alleged thefts were uncovered in an audit and investigation by DiNapoli’s office to review the court’s financial operations.

“The public relies on our justice court fines to support vital services including highway safety, not to line the pockets of a dishonest clerk,” DiNapoli said. “My office will continue to root out corruption at all levels. I thank the State Police for their work on this case.”

Fleury was in charge of collecting fine money and depositing it into the court bank account. Auditors and investigators found that Fleury logged the cash receipts, but failed to deposit more than $5,400. The alleged larceny occurred from April 2014 to May 2015. Most of the funds were taken when the other court clerk, Fleury’s mother, was on sick leave, investigators found.

Since taking office in 2007, DiNapoli has committed to fighting public corruption and encourages the public to help fight fraud and abuse. New Yorkers can report allegations of fraud involving taxpayer money by calling the toll-free Fraud Hotline at 1-888-672-4555, by filing a complaint online at investigations@osc.state.ny.us, or by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 14th Floor, 110 State St., Albany, NY 12236.

The Bombay Justice Court report is posted on the Internet at:


Municipal Audits reported

Town of Covet - Financial Management and Justice Court
The board needs to adopt long-term financial plans to effectively manage the town’s finances. The board has adopted budgets that have relied heavily on appropriated fund balance that cannot be maintained in the future. In addition, town officials are unable ensure that all the court justice’s moneys received were deposited and recorded completely and accurately.
Town of Horseheads - Financial Management
The board has not developed multiyear financial plans to address the use of fund balance to finance operations, the continued reduction of sales tax revenues, establishing reserve funds, or purchasing and financing future capital assets.
Town of Niagara - Justice Court
Town justices did not ensure that all fines and fees were properly collected. Court reports indicate that unpaid fines and fees may total nearly $400,000 on tickets ranging from 1989 through 2015 and that more than 11,000 tickets dating as far back as 1985 appear to be pending.
http://www.osc.state.ny.us/localgov/audits/towns/2015/niagarajc.pdf

Orange County Soil and Water Conservation District - Financial Operations
The board did not ensure that certain contract agreements were approved in a timely manner. In addition, board meeting minutes were not transparent, as motions were not always clearly stated or titled.
Yates County - County Clerk Cash Receipts
The clerk maintains accurate accounting records and deposits moneys intact and in a timely manner. However, the clerk has not established written policies and procedures for cash receipts and cash receipt duties are not adequately segregated.


School DistrictAudits Reported

Brookhaven-Comsewogue UFSD - Professional Services
District officials have established a comprehensive purchasing policy. As a result, the district procured professional services in an economical manner.
New Lebanon CSD - Financial Condition
District officials have overstated liabilities and accumulated excessive reserve funds. In addition, the board has repeatedly appropriated fund balance, which has gone unused. The effective percentage of the district’s unrestricted fund balance is 16 percent of appropriations, which exceeds the 4 percent statutory limit.
Southern Cayuga CSD - Financial Management
District officials have generally taken appropriate action to manage the district’s financial condition. However, the district’s multiyear financial plan does not address its debt share or declining enrollment.
Yonkers City School District - Fixed Assets
District officials and taxpayers have no assurance that all district property can be accounted for. Auditors found that 10 assets valued at $225,307 could not be located and 10 assets valued at $91,704 were either not tagged or the asset tag information on the tag did not agree with the accounting records.  

Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

Caution:

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material in this blog is presented with the understanding that the publisher is not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader should seek such advice from a competent professional.

Items published in NYPPL may not be used for commercial purposes without prior written permission to copy and distribute such material. Send your request via e-mail to publications@nycap.rr.com

Copyright© 1987 - 2017 by the Public Employment Law Press.



___________________



N.B. From time to time a political ad or endorsement may appear in the sidebar of this Blog. NYPPL does not have any control over such posting.

_____________________

.