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

March 28, 2025

Local Government Audits posted on the Internet by New York State Comptroller Thomas P. DiNapoli

On March 19, 2025, New York State Comptroller Thomas P. DiNapoli issued the following local government audits:

Click on the text highlighted in color to access the full report posted on the Internet.

Village of Herkimer – Clerk-Treasurer’s Records and Reports (Herkimer County) The current and former clerk-treasurers did not maintain complete, accurate or up-to-date financial records. As a result, the board lacked the financial information necessary to properly monitor and manage village finances. The clerk-treasurers did not properly record financial activity totaling $10.5 million related to bank transfers, payroll, real property taxes and cash receipts and disbursements. They did not perform bank reconciliations, allowing discrepancies between general ledger cash balances and adjusted bank balances to remain unidentified and unresolved. They did not provide monthly balance sheet reports to the board or file Annual Financial Reports with the Office of the State Comptroller, as required by law. The board did not annually audit the clerk-treasurers’ records, as required by law.

Town of Ripley – Town Clerk Collections (Chautauqua County) The town clerk did not always record, deposit, remit and report all collections in a timely and accurate manner. Because of this, there was an increased risk for money to be lost or used for inappropriate purposes. The longer collections remain unremitted, the longer they are not available for town operations. The audit determined the clerk did not deposit 2023 tax collections totaling approximately $882,000 within 24 hours or record 2023 tax collections totaling approximately $560,000 daily as required. The board did not conduct an annual audit of the clerk’s records, as required.

Town of Elbridge – Payroll and Leave Accruals (Onondaga County) Town officials did not ensure that all payroll payments were accurate, supported and authorized and that leave accrual records were maintained accurately. Auditors determined that the town supervisor approved payroll without having any information regarding the numbers of hours that employees worked, the leave time that they used or their leave accrual balances. Also, staff were unaware of all the provisions of the collective bargaining agreement and the town’s employee handbook that affect leave accrual records. The handbook did not require salaried employees to prepare time sheets or timecards. As a result, seven full-time employees with 2024 salaries totaling $238,569 did not prepare time records to document their days and hours worked and leave accruals that they used.

Wallace Volunteer Fire Department, Inc. – Board Oversight (Steuben County) The department officers and members did not enforce financial provisions outlined in the department’s constitution and bylaws or adopt adequate policies and procedures to provide effective financial oversight of operations. The membership did not elect a five-member board or financial secretary and the president did not appoint members to the auditing committee to assist with financial oversight. The treasurer did not submit various annual reports as required, and did not have a system for recording all receipts and disbursements. The president had sole control of the foreign fire insurance bank account instead of the treasurer, as required by law. These actions result in an increased risk of theft and waste of department resources.

Town of Dayton – Audit Follow-Up (Cattaraugus County) The review assessed the town’s progress in implementing recommendations in the town’s prior audit report (2019M-189), released in January 2020. The audit found the supervisor did not maintain accurate financial records. The audit included seven recommendations to help improve the quality of financial records and reports. The audit follow-up found that town officials have not taken corrective action, as none of the seven audit recommendations were implemented.

Town of Dayton – Audit Follow-Up (Cattaraugus County) The review examined the town’s progress in acting on recommendations from another audit report examining the town’s fund balance management (2019M-221) released in January 2020. The prior audit determined the board did not properly manage fund balance, as the town-wide (TW) general fund and TW highway fund had deficit unrestricted fund balances. The prior audit also determined that the board did not develop and adopt comprehensive written multiyear financial and capital plans and written fund balance and reserve fund policies to help guide the budget development process. The audit included nine recommendations to help improve the town’s financial condition and financial reporting. It appears that the town has not implemented sufficient corrective action. The audit follow-up found that of the nine audit recommendations, only two were fully implemented and seven were not implemented.




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 Publisher 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; and Staff Judge Advocate General, New York Guard. 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