ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

February 03, 2025

New York State Comptroller Thomas P. DiNapoli announced the municipal audits listed below have been issued

On January 31, 2025 New York State Comptroller Thomas P. DiNapoli announced the municipal audits listed below have been issued. 

Click on the text highlighted in color to access the item posted on the Internet 

Rensselaer County Industrial Development Agency (RCIDA) – Payments in Lieu of Taxes (2021M-74)

Officials did not ensure all PILOT agreements were properly billed, collected and distributed. Sixteen of the 62 bills reviewed were inaccurate because the county’s director of real property tax either used incorrect assessment values or tax rates and had an inconsistent payment calculation process that resulted in two projects being overbilled a total of $170,842 and two projects being underbilled a total of $184,474. Auditors also found that two taxing jurisdictions received $10,607 more than they should have while five others did not receive $24,239 that they should have.

 

Fairview Fire District – Payroll and Leave Accruals (Dutchess County)

District officials did not ensure all employee payroll payments and leave accruals were accurate, monitored, properly approved and supported. This occurred because the board did not provide adequate oversight, segregate payroll duties or develop compensating controls or develop written policies and procedures for these duties. As a result, auditors determined that district officials made payroll calculation errors totaling $8,936 and potentially overpaid 11 employees by a total of $44,301 for leave accrual payments. Officials also paid five employees $55,407 in overtime payments that could have been avoided or reduced.

 

Town of Chesterfield – Town Clerk (Essex County)

The clerk did not properly record, deposit, remit or report collections. As a result, officials do not have assurance that all collections are accounted for, and money could be lost or misappropriated. The clerk and deputy clerk did not record and issue receipts for collections totaling $18,289 received for 273 of 805 fees (34%). The clerk also did not prepare accurate monthly reports and remit collections to the supervisor and other agencies or prepare monthly bank reconciliations and accountability analyses which compare the amount of cash on hand and on deposit in the bank to detailed lists of amounts due to the supervisor and other agencies. Had the town board fulfilled its fiscal oversight responsibilities by conducting a thorough annual audit of the clerk’s records, the deficiencies identified may have been detected and addressed sooner.

 

Village of Washingtonville – Budget Review (Orange County)

The scope of the review was significantly limited by the lack of complete, accurate and current accounting records maintained by the village. The village could face a shortfall of approximately $261,000 in sewer rents and $123,000 in water rents if revenues are not realized. The 2025-26 tentative budget includes appropriations for personnel services of $3.3 million for general, water and sewer funds combined, but it could have additional expenditures when the village settles the police department’s expired collective bargaining agreement. Auditors also project the village is underestimating personnel services by approximately $21,000 for the water and sewer funds. The budget includes appropriations of approximately $243,400 for social security payments which are likely underestimated by approximately $21,200. The village has also underestimated health insurance payments for at least the last two fiscal years. The budget includes a $75,000 general fund contingency, which is less than 1% of the village’s general fund budgeted appropriations and a decrease of $25,000 from the 2024-25 adopted budget. During the review of the village’s proposed budget, auditors were provided with the village’s tentative budget 30 days before the scheduled vote, as required. However, the village posted a conflicting budget to its website six days later. As some of the differences between budgets were significant, such as a $32,471 difference in real property taxes, auditors chose to rely on the proposed budget that was posted to the village's website, as that was the version presented to the public. By not providing accurate budgeted figures timely for the review, the village hinders auditors’ ability to examine the tentative budget and make recommendations to help improve the village’s financial condition. The budget includes a tax levy of $5.4 million. Similar to the revenue and expenditure estimates, the lack of complete, accurate, and current accounting and financial records precludes auditors from concluding on the village’s tax cap compliance.

 

###

 

 

 

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case 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. AGAIN, 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, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; Staff Judge Advocate General, New York Guard [See also https://www.linkedin.com/in/harvey-randall-9130a5178/]. 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 posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com