Jason Helgerson, New York State’s Medicaid Director, is one of nine outstanding public sector leaders named by Governing Magazine

Jason Helgerson, New York State’s Medicaid Director, is one of nine outstanding public sector leaders named by Governing Magazine

Mattie Quinn, writing for Governing, reports that "In the state that once spent the most on health care, Jason Helgerson found ways to cut New York's costs. Now he's leading one of the nation’s biggest Medicaid reforms."

Click on http://www.governing.com/poy/jason-helgerson.htmlto read Ms. Quinn’s article.

A public officer may be removed from his or her office pursuant to Public Officers Law §36

A public officer of a town, village, improvement district or fire district   officer by court may be removed from his or her office pursuant to Public Officers Law §36

Becallo v Zambrano, 2015 NY Slip Op 07091, Appellate Division, Fourth Department

Public Officers Law §36 was enacted to enable a town, a village, an improvement district or a fire district to remove a public officer found to be an unfaithful or dishonest public official. Paul Becallo filed a petition with the Appellate Division pursuant to §36 alleging that a town supervisor was either unfaithful or dishonest in the performance of her duties as the Town Supervisor in an effort to have the Appellate Division remove that individual from her public office.

The Town Supervisor admitted many of the factual allegations set out in Becallo’s petition, including his claim that [1] she had a romantic relationship with an employee of the engineering firm [employee] that was hired by the Town and [2] that she signed the contract with the engineering firm and approved invoices for work completed by the employee and [3] that she had used campaign funds to pay for a bulk mailing of a Town newsletter to senior citizens.

She denied, however, that her acts created a conflict of interest or constituted wrongdoing and submitted documentary evidence refuting another of Becallo’s allegation -- that she had altered the date on a shared services agreement with another Town.

The Supervisor romantic relationship with the employee began in the fall of 2011 while she was serving as a Town councilperson and at that time she had asked the Town Attorney whether there was a conflict of interest as a result of that relationship. The Town Attorney advised her in a written opinion that there was no conflict of interest and reiterated that opinion at a Town Board meeting in April 2014, when she was the serving as the Town Supervisor.

The Appellate Division also noted General Municipal Law §801 provides that "no municipal officer . . . shall have an interest in any contract with the municipality of which [she] is an officer . . . when such officer . . . has the power or duty to . . . approve the contract . . . or approve payment thereunder" but concluded that “[t]hose provisions do not apply here.”

Turning to Becallo’s allegations concerning “the financial arrangement between [the supervisor] and the employee regarding her purchase of a one-half interest in his residence,” the Appellate Division concluded that it cannot "reasonably be inferred that the [financial arrangement] was intended to influence [the supervisor], or could reasonably be expected to influence [her], in the performance of [her] official duties or was intended as a reward for any official action on [her] part." The Appellate Division held that Becallo failed to establish a conflict of interest with respect to the supervisor’s personal relationship with the employee.

As to Becallo’s allegation concerning the supervisor’s use campaign funds, the Appellate Division concluded that even assuming, arguendo, the use of those funds to pay for a bulk mailing of a Town newsletter to senior citizens was improper, such an impropriety does "not remotely rise to the level required for removal pursuant to Public Officers Law §36."

Finding that Becallo’s "petition does not set forth a single act of unscrupulous conduct or intentional wrongdoing, let alone evidence of any gross dereliction of duties or a pattern of misconduct," the Appellate Division dismissed his petition.

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2015/2015_07091.htm

New York State Comproller DiNapoli spotlights New York’s Veterans

New York State Comproller DiNapoli spotlights New York’s Veterans

Source: Office of the State Comptroller

Nearly three-quarters of the approximately 890,000 veterans living in New York served during wartime, including 31 percent in the Vietnam War-era, according to State Comptroller Thomas P. DiNapoli.

The Comptroller said that “New York is home to nearly 900,000 men and women who have served bravely to safeguard our freedom. Across the country and in our state, we’ll be forever indebted to our veterans for their service and their sacrifices. We need to offer essential programs for the men and women who serve in our military to show our appreciation for their service and support their return to civilian life.”

DiNapoli’s report highlighted the programs and services offered to New York’s veterans by the state’s Division of Veterans’ Affairs and other agencies. The 2014-15 state budget allocated more than $21 million for veteran’s programs and services including counseling and benefit assistance services, tuition awards, peer-to-peer support services and nursing homes.

To access the Comptroller’s report please click on http://www.osc.state.ny.us/reports/other/veterans_11_2015.pdf

With both federal and state programs providing important services, DiNapoli urged policy makers at all levels to continuously examine whether existing initiatives appropriately meet the needs of New York's veterans.

DiNapoli also noted that the New York State Common Retirement Fund has a program to provide loans to veterans. The state pension fund partnered with the New York Business Development Corporation (NYBDC) Partnership to create a $5 million commitment for fixed-rate small business loans for returning military veterans who are also business owners. Veterans who serve in the Guard or Reserve, or have been honorably discharged from active duty may apply, through the NYBDC, for small business loans up to $150,000 to start or expand a business.

To learn about the New York State Common Retirement Fund’s loan program for veterans please click on http://www.nybdc.com/how-can-we-help/Loans_for_Veterans_69_7_sb.htm