New York Public Personnel Law

Summaries of, and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State in particular and possibly in other jurisdictions in general.

Feb 2, 2026

New York State Comptroller posted audits of New York State agencies, municipalities and school district on the Internet

On January 30, 2026 New York State Comptroller Thomas P. DiNapoli announced the following audits were posted on the Internet.

Click on the text highlighted in COLOR to access the audit.


Department of Financial Services – Virtual Currency Licensing (Follow-Up) (2022-S-18) The Department of Financial Services (DFS) supervises and regulates the activities of more than 3,200 financial institutions with nearly $10 trillion in assets as of December 31, 2024, including 22 virtual currency licenses with assets totaling more than $404 billion. New York Codes, Rules and Regulations Title 23, Part 200 – Virtual Currencies requires businesses to obtain a license (BitLicense) to engage in virtual currency business activities in New York State, with some exceptions. A prior audit, issued in January 2024, found that DFS was not adequately performing its oversight responsibilities related to the application for and supervision of BitLicenses. Specifically, DFS did not ensure compliance with the Department of Taxation and Finance’s tax obligations and might use outdated anti-money laundering risk assessments to approve licenses, and DFS Bit Licensees were not in compliance with DFS’ cybersecurity regulations, although in some cases they self-certified that they were. DFS officials made some progress in addressing the issues identified in the initial report; of the initial report’s six recommendations, three were implemented and three were partially implemented.


Department of Health, New York City Department of Health and Mental Hygiene – Oversight of the Practice of Funeral Directing (2022-S-47) The Department of Health (DOH) is responsible for governing and regulating the business and practice of funeral directing, undertaking, and embalming in New York State. DOH’s Bureau of Vital Records is responsible for administering the Electronic Death Registration System used to electronically register deaths that occur in New York State but outside of New York City. For deaths that occur within New York City, the New York City Department of Health and Mental Hygiene (DOHMH) administers eVital. Auditors found that some funeral directors were not using the tests prescribed by the regulations to verify death, some preparation rooms did not meet standards, some deaths were being registered before disposition of bodies, and some death certificates were duplicated or had no Social Security numbers in the DOH and DOHMH systems. In addition, auditors found that DOH and DOHMH should improve their interagency data sharing and other communication to better identify and address risks of unauthorized funeral directing activity.


Workers’ Compensation Board – Assessment of Costs to Administer the Workers’ Compensation Program for the State Fiscal Year Ended March 31, 2024 (2025-M-1) The purpose of this report was to ascertain the total expenses that the Workers’ Compensation Board (Board) incurred in administering the Workers’ Compensation Program (Program) for the State Fiscal Year ended March 31, 2024. The Office of the New York State Comptroller performed certain procedures, which were agreed to by the Board, to ascertain the Board’s expenses. Annual expenses to administer the Program totaled $215.3 million.


Office of Mental Health – Controls Over the Empire State Supportive Housing Initiative (Follow-Up) (2025-F-11) The Empire State Supportive Housing Initiative’s (ESSHI) goal is to develop 20,000 units of supportive housing over a 15-year period ending in 2031. The Office of Mental Health (OMH) serves as the lead procurement agency for ESSHI, which provides up to $34,000 annually per individual toward supportive housing for vulnerable populations experiencing homelessness. A prior audit, issued in December 2023, found significant deficiencies in OMH’s oversight of the ESSHI program: a review of selected residents’ progress notes identified a lack of face-to-face meetings or in-home visits, delays in developing support plans, and annual income not being verified in all cases. Furthermore, two residents were missing for extended periods of time; four of six providers that auditors inspected had critical issues with housing units (e.g., water leaks and mold); and contract work plans lacked attainable, measurable objectives to allow providers to track their progress toward stated objectives. OMH officials made some progress in addressing the problems identified in the initial audit report, partially implementing three of the initial report’s five audit recommendations and not implementing two.


New York City Department of Transportation – New York City Bike Share Program: Oversight of Revenue Collection and Monitoring (2023-N-5) In 2013, the New York City Department of Transportation (DOT) launched the New York City Bike Share program. DOT contracts with a vendor, and the program generates revenues from rides, sponsorship and advertising, liquidated damages assessed for non-compliance with the terms of the agreement with the vendor, and revenue lost due to replacing parking meters with bike stations, which is fixed at $1 million per year. Auditors found DOT was not enforcing all the terms of the agreement or ensuring that the city and its residents were getting the maximum benefit from the program. DOT could not demonstrate that all revenue sources were received and included in the calculation of DOT’s share of the revenues, the vendor complied with all terms of the service level agreements, or the liquidated damages assessed were accurate.


New York Power Authority – Selected Management and Operations Practices – BuildSmart NY/Executive Order 88 (Follow-Up) (2024-F-37)
Executive Order (EO 88), issued on December 28, 2012, mandated a 20% reduction in the average source Energy Usage Intensity (EUI) of State government buildings by April 2020. The organizations subject to EO 88—Affected State Entities—were required to work with the New York Power Authority (NYPA) to achieve their allotted portion of the overall savings. An initial audit, issued September 2023, found NYPA did not reach its goal by April 2020; the actual EUI reduction reported was 14.4%, and when committed (incomplete) projects were added, the reduction in EUI was 22.6%. NYPA officials made progress in addressing the problems identified in the initial audit report. Of the initial report’s five audit recommendations, two were implemented, two were partially implemented, and one was no longer applicable.


State University of New York – Oversight of Study Abroad Programs (2024-S-36) State University of New York (SUNY) Study Abroad Programs (SAPs) include exchange, non-exchange, and faculty-led programs that allow SUNY students the opportunity to participate in educational opportunities globally. The SUNY Office of Global Affairs (SUNY OGA) is responsible for the oversight of SAPs across the SUNY network and each SUNY campus is responsible for administering and monitoring its own SAPs. The audit determined that SUNY OGA could improve its oversight of SAPs in certain areas. Agreements were not consistently submitted by one campus and automated reminders from SUNY OGA to campuses about partnership agreements approaching expiration were not received by officials at one campus. Campuses sent 258 students abroad during the audit scope under the lapsed agreements.


Department of Health: Medicaid Program – Improper Payments for Drugs Without a Federal Drug Rebate Agreement (Follow-Up) (2025-F-20) The Medicaid Drug Rebate Program requires drug manufacturers to enter into a National Drug Rebate Agreement (NDRA) with the Department of Health and Human Services in exchange for state Medicaid coverage of most of the manufacturer’s drugs. The Manufacturers then pay states rebates on those drugs for which Medicaid payments were made. A prior audit, issued in February 2024, found the Department of Health (DOH) lacked adequate oversight of Medicaid managed care payments for drugs, which led to improper managed care organization (MCO) payments for drugs from manufacturers without an NDRA at the time of service. Additionally, auditors found flaws in DOH’s managed care capitation rate adjustment methodology that resulted in nearly $50.3 million in improper MCO payments for drugs from manufacturers without NDRAs at the time of service that were not included in the rate adjustments. DOH officials made some progress in addressing the problems identified in the initial audit report. Of the initial report’s four audit recommendations, one was implemented, one was partially implemented, and two were not implemented.


Primary Hall Preparatory Charter School – Debit Cards (Erie County) Some debit card purchases were not properly approved or adequately supported and lacked documentation to demonstrate that the charges were for a valid school purpose. Debit cards pose significant risks because individuals using them have direct access to a school’s bank account and unauthorized use may not be readily detected. Of the 186 debit card purchases totaling $170,941 that auditors reviewed, 138 totaling $130,295 were not properly approved or adequately supported and 76 totaling $39,398 lacked documentation to demonstrate that the charges were for a valid school purpose. In addition, none of the 186 purchases had evidence of preapproval by the executive director or the board treasurer as required by school policy


Scarborough Fire District – Board Oversight (Westchester County) The board did not provide adequate oversight of the district’s financial operations. Specifically, the board did not adopt written financial policies to establish a system of internal controls that ensure oversight of financial operations, including a code of ethics, investment policy or procurement policy, as required by state law. They did not develop and adopt written multiyear financial and capital plans. The board also did not ensure all commissioners completed the mandatory fiscal oversight training in a timely manner or ensure that the treasurer filed the district’s 2018 through 2024 annual financial reports (AFRs). The 2024 AFR was also 244 days late as of Oct. 31, 2025.


Arkport Joint Fire District – Treasurer’s Records and Reports (Steuben County) The current and former treasurers did not record and report district receipts and disbursements accurately and in a timely manner. The former treasurer inaccurately recorded or did not record 13 receipts totaling $93,978 and 20 disbursements totaling $24,502, among other issues. The former treasurer also did not file the required AFR for the last five fiscal years and the current year is overdue. The current treasurer, appointed in April 2025, did not prepare any records or reports for nine receipts totaling $26,324 or six disbursements totaling $1,878 since their appointment through June 30, 2025. Because the treasurers did not prepare bank reconciliations and the board did not review monthly bank statements or perform an annual audit, these errors and inaccuracies went undetected and uncorrected.


Nichols Joint Fire District – Procurement (Tioga County) The board and district officials did not always use a competitive process to procure goods and services in accordance with statutory requirements. Officials did not adhere to the piggybacking exception or obtain competitive bids for two purchases totaling $319,945 or issue requests for proposals or use any other competitive process before procuring professional services from two vendors totaling $38,873. Officials did not obtain quotes for seven purchases totaling $27,810 or seek competition for fuel purchases, which may have saved the district $3,626 over the audit period.


Hillsdale-Copake Fire District – Cash Disbursements (Columbia County)

The board generally provided adequate oversight of disbursements. Auditors determined that all disbursements were properly authorized, adequately supported, and made for appropriate district purposes. However, the board did not always ensure that its adopted written disbursement policies were followed. Ten checks totaling $249,004, had only the treasurer’s signature. One check for $4,267 payable to the treasurer was not signed by the chairman, but instead by the treasurer herself. In addition, periodic comparisons were not made between canceled check images to the list of approved checks by someone without the check-signing authority.


Ouaquaga Fire Company, Inc. – Company Operations (Broome County) Auditors found the treasurer oversaw all financial operations of the company without any oversight. Given this lack of oversight, the treasurer also paid claims before approval by the board or membership, did not maintain accurate and complete accounting records, and did not submit required reports. Of the 172 claims totaling $185,900 paid by the treasurer before approval, 40 claims, totaling $43,100, did not have adequate supporting documentation to verify that each disbursement was for a proper company purpose. Auditors also identified one claim, totaling $11,800, which was paid twice for the same piece of equipment without a refund issued. The treasurer’s cash balances in the accounting records were not accurate or complete. The treasurer also did not file the required  annual report with OSC on the receipt and use of FFI tax proceeds for the 2023 and 2024 fiscal years.


Village of Washingtonville – Budget Review (Orange County) When a village is authorized by a special or general law to incur debt to liquidate an operating deficit, it must submit the village’s tentative budget for the next fiscal year to the State Comptroller’s office (OSC) for review. The scope of this review was significantly limited by the lack of complete, accurate and current accounting records maintained by the village. Further, village officials have not complied with some of the requirements of the law and certain significant revenue and expenditure projections in the proposed budget appear unreasonable. In addition, the village fully implemented only one of the seven recommendations from OSC’s January 2025 budget review letter. The 2026-27 tentative budget includes a tax levy of $5.6 million. It appears the village may be over the tax cap by as much as $60,300. However, officials provided a proposed local law to override the limit. The village will need $1.1 million to service its debt obligations during 2026-27, which represents about 10% of its annual budget.


Upper Jay Fire District – Audit Follow-Up (Essex County) The purpose of the review was to assess the Upper Jay Fire District’s progress in implementing recommendations in the audit report Upper Jay Fire District – Board Oversight, released in May 2023. The audit determined that district officials did not provide adequate oversight of district financial activities, which hindered their ability to monitor financial activities and increased the risk that improper claims could be paid. Of seven recommendations in the audit, the district fully implemented five, partially implemented one and did not implement one recommendation. Until all recommendations are implemented, the board cannot ensure district assets are fully safeguarded.


Crown Point Fire District – Audit Follow-Up (Essex County) The purpose of this review was to assess the Crown Point Fire District’s progress in implementing the recommendations in the audit report Crown Point Fire District – Board Oversight, released in May 2024. The audit determined that the board did not ensure required annual audits were completed and annual financial reports were filed in a timely manner. To help the board adequately oversee the district’s financial operations, the audit report contained three recommendations. The district implemented one recommendation and partially implemented two recommendations.

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