Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli

Issued during the week ending August 31, 2013

The State Comptroller audits local governments to assist them in improving their financial management practices. [Click on text highlighted in bold to access the full report.] 

DiNapoli: Colonie Addressing Financial Challenges

The Town of Colonie has improved its finances significantly in recent years due to stronger budget planning as it deals with fiscal stress, according to a report issued Tuesday by State Comptroller Thomas P. DiNapoli. The report is part of a series of fiscal profiles on municipalities across the state.

DiNapoli Presents Unclaimed Funds Checks At The New York State Fair

State Comptroller Thomas P. DiNapoli presented checks to nine Central New Yorkers Monday at the New York State Fair at his Office of Unclaimed Funds booth. The largest check, for $13,864.54 for an old bank account, was given to the Fryer Memorial Library in Munnsville.

For additional information concerning “unclaimed” monies that may be claimed by public entities, click on http://publicpersonnellaw.blogspot.com/2013/08/state-comptroller-holds-125-billion-in.html

Employer Pension Contribution Rates Announced For Fiscal Year 2014–15

Employer contribution rates for the New York State and Local Retirement System will decline slightly in Fiscal Year 2014–15, New York State Comptroller Thomas P. DiNapoli announced Tuesday.

Comptroller DiNapoli Releases School Audits

New York State Comptroller Thomas P. DiNapoli announced Wednesday his office completed audits of:

the Elmwood Village Charter School,

the Lake George Central School District,

the Southold Union Free School District,

the True North Troy Preparatory Charter School

and the Whitehall Central School District.

Comptroller DiNapoli Releases Municipal Audits

New York State Comptroller Thomas P. DiNapoli announced Wednesday his office completed audits of:

the Amsterdam Housing Authority,

the Village of Chatham and

the Lakeland Fire District.

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Labor Day Message from NYS Comptroller DiNapoli

Labor Day Message from NYS Comptroller DiNapoli

On the first Monday in September each year, we gather to honor the contributions that American workers have made to our country’s economic strength, cultural vitality and democratic way of life. The tradition of celebrating Labor Day began in New York City in 1882 and quickly spread throughout the country; the U.S. Congress passed a law establishing Labor Day as a federal holiday in 1894. Then as now, people marked the occasion with parades and picnics, savoring the last days of summer in the company of friends and family.

As we pause from our own labors this September 2nd, we have an opportunity to reflect on all that working men and women have achieved through the generations in building this nation we love. I wish you all a joyful and refreshing Labor Day.
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Employee disciplined for off-duty misconduct

Employee disciplined for off-duty misconduct

OATH Index No. 1304/13

An OATH Administrative Law Judge ruled that a New York City correction officer was subject to disciplinary action because there was a sufficient nexus between the employee's fraudulent off-duty misconduct and his position with the New York City Department of Correction. 

Disciplinary charges were filed against a correction officer who had pled guilty to operating a home improvement business without a license. The officer had been arrested and indicted on charges of grand larceny in the third degree, a class D felony, and

petit larceny, a class A misdemeanor. He subsequently entered a guilty plea to a violation of the New York City Administrative Code.

ALJ Ingrid M. Addison found that the correction officer used the name and license number of a corporation with which he was not affiliated to hold himself out as a licensed contractor, contracted with a home owner, took a $35,000 advance, and failed to perform the work under the contract. 

The ALJ also found that the correction officers off-duty conduct “violated the Department’s rules and was of a nature to bring discredit upon the Department [and] his conduct [bore] a nexus to his job as a correction officer.

Noting that the officer made restitution to the home-owner “only when he faced significant jail time,” Judge Addison recommended termination of the officer’s employment. 

The decision is posted on the Internet at:

http://archive.citylaw.org/oath/13_Cases/13-1304.pdf

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IRS announces it will treat same-sex marriages the same as heterosexual ones

IRS announces it will treat same-sex marriages the same as heterosexual ones

Source: Washington Post National News Alert

The Treasury Department and Internal Revenue Service announced on Thursday that they would treat legal same-sex marriages the same as heterosexual marriages for federal tax purposes. 

The new policy, which comes in response to a June Supreme Court ruling that overturned a key portion of the Defense of Marriage Act, allows same-sex spouses to file tax returns as married couples regardless of whether they live in jurisdictions that recognize gay unions.

Read more at:
http://www.washingtonpost.com/blogs/federal-eye/wp/2013/08/29/irs-to-treat-same-sex-marriages-equally-for-tax-purposes/
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Correction officers disciplined after being found guilty of using unnecessary force against an inmate

Correction officers disciplined after being found guilty of using unnecessary force against an inmate

OATH Index Nos. 734/13

The New York City Department of Correction brought charges against two correction officers alleging they used of excessive or unnecessary force against an inmate.

The Department charged that one officer struck the inmate in the face and the other pulled the inmate’s legs out from under him, causing him to fall to the ground.

The Department also charged the two officers with submitting false or misleading statements during Mayoral Executive Order [MEO] 16 interviews. Three other officers were also charged with filing false and/or misleading MEO 16 statements. 

OATH Administrative Law Judge Astrid B. Gloade found that all the charges were sustained.

Noting that most of the officers had no prior disciplinary record, ALJ Gloade recommended suspensions of 60 days for the officer who struck the inmate, 25 days for the officer who caused the inmate to fall; and 15- and 20-day suspensions for those who filed false reports.

The decision is posted on the Internet at:

http://archive.citylaw.org/oath/13_Cases/13-734.pdf
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