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April 06, 2021

Audits and reports issued by the New York State Comptroller

New York State Comptroller Thomas P. DiNapoli announced the following audits and reports were issued on April 5, 2021.

Click on the text highlighted in color to access the complete audit report.

MUNICIPAL AUDITS

 Albany Water Board – Software Management (Albany County)

Auditors found software installed on Albany Water Board computers and mobile devices is not always appropriate and necessary. Auditors found unnecessary software on 60 computers (97 percent) and six mobile devices (32 percent) including gaming, streaming and shopping software. Officials did not establish controls to prevent computer and mobile device users from downloading applications from application stores.

 

Town of Greenwich – Purchasing (Washington County)

Town officials generally did not seek competition when purchasing goods and services. Of 50 purchases reviewed totaling $154,386 that required competitive quotes, 28 purchases totaling $81,857 lacked evidence of competition as required by the town’s purchasing policy.  Diesel fuel aggregate purchases totaling $35,474 were not competitively bid as required by law.

 

Masonville Fire District – Financial Activities (Delaware County)

Auditors found the board did not provide adequate financial operations oversight. The board did not review supporting documentation for nine disbursements totaling $57,374. They did not approve 12 disbursements totaling $75,880 before payment nor did they audit the treasurer’s records. The board also did not ensure sensitive and personal electronic data was adequately protected because the treasurer used her personal computer to maintain district financial records and perform online banking transactions.

 

Middletown No. 1 Fire District – Annual Financial Reports (Delaware County) The treasurer did not file required annual financial reports with the Office of the State Comptroller for fiscal years 2015-2019 in compliance with General Municipal Law. District officials were not aware that these reports needed to be submitted. 

 

 SCHOOL DISTRICT AUDITS 

 

Briarcliff Manor Union Free School District (Westchester County) Auditors found district officials generally used a competitive process to procure goods and services. However, they did not always seek competition for professional services.

 

Cherry Valley – Springfield Central School District – Financial Condition (Montgomery County and Otsego County) Officials effectively managed most aspects of the school district’s financial condition. However, they have not utilized their multiyear financial plans to help make financial decisions. Officials also have not adopted fund balance and reserve policies.

 

Hamilton Central School District – Procurement (Madison County) District officials did not always seek competition for the purchase of goods and services not subject to competitive bidding, as required by the district’s procurement policy. Officials did not seek competition for the services procured from five professional service providers totaling $658,164. In addition, officials did not obtain verbal and written quotes for the purchase of goods and services from 14 vendors totaling $126,907.

 

OTHER REPORTS

 

State Comptroller DiNapoli Statement on Impact of a Late State Budget - "The economic effects of the pandemic on the state’s finances are widespread and some sectors of our economy may take years to recover. The state Legislature and Governor are in the process of finalizing a new state budget. Many New Yorkers are hurting, and it is important that a final agreement is reached quickly."

State Contract and Payment Actions in February - In February, 2021, the Office of the State Comptroller (OSC) approved 1,407 contracts for state agencies and public authorities valued at $109 billion and approved more than 20.3 million payments worth nearly $14 billion. OSC rejected 110 contracts and related transactions valued at $100 million and more than 8,000 payments valued at nearly $18.2 million, primarily for mistakes, insufficient support for charges, and improper payments. More information on these contracts and payments is available at www.openbooknewyork.com. 

 

April 05, 2021

Recent postings on Kevin Sheerin's Law Blog "New York Civil Service Attorney"

Denial of Correction Officer’s Performance of Duty Retirement Benefits Annulled Due to Factual Errors - Matter of Paul Mazzotte v Thomas DiNapoli, as State Comptroller Petitioner was a correction officer for over 20 years. In 2001, he applied for performance of duty disability retirement benefits alleging he was permanently disabled by coronary artery disease (CAD) after having coronary artery bypass surgery. According to petitioner, the disease was caused by the...click to  Continue Reading…


Correction Officer Receives 60 Days Suspension for Excessive Use of Force -
In the Matter of Department of Correction v Stanley Saint-Phard… In this disciplinary proceeding, pursuant to Article 75 of the Civil Service Law, Respondent, a Correction Officer, allegedly used impermissible force against an inmate by dispersing a chemical agent in the inmate’s face and also placed the inmate in a chokehold. On
October 16, 2008,...
click to Continue Reading…


NYPD Disqualification for Loud Exhaust or Tinted Windows-
Sometimes younger people (often men), accumulate summonses or moving violations for “loud exhaust” or “tinted windows”. These violations accumulate over time and may grow to 5, 10, 15 or even 20 summonses. As the years pass these young people look to get a job with the NYPD or another law enforcement agency. After the application...
click to Continue Reading…


Off-Duty NYPD Detectives Use of Force found Not Actionable
"Use of force", NYPD, deadly force, Firearms discharge
click to Continue Reading…


Disqualification for High Blood Pressure Overturned -
A Nassau County Police Officer candidate failed to meet the Municipal Police Training Council standard for blood pressure and was disqualified in August 2013.  The candidate suffered from “White Coats Syndrome” which is an elevated blood pressure in a clinical setting.  The candidate had no history of hypertension with his primary physician.  The
NassauCounty...
click to Continue Reading…

 

Recent General Information Bulletins published by the New York State Department of Civil Service

New York State Department of Civil Service recently published the following General Information Bulletins:

GIB 21-01, Enactment of the Restoration of Honor Act

GIB 21-02, Revision to the Statewide Employment Application

GIB 21-03, Reasonable Accommodation Appeals Review Committee

 

For those wishing to print these General Information Bulletins, below are links to versions in PDF format:


https://www.cs.ny.gov/ssd/pdf/GIB21-01.pdf


https://www.cs.ny.gov/ssd/pdf/GIB21-02.pdf


https://www.cs.ny.gov/ssd/pdf/GIB21-03.pdf

 

To view previous General Information Bulletins issued by the Department of Civil Service, visit: https://www.cs.ny.gov/ssd/gibs.cfm.


April 03, 2021

Staffing announcements by the New York State Workers' Compensation Board

On April 2, 2021, the New York State Workers' Compensation Board announced the following staffing changes:

Former General Counsel David Wertheim has been named Acting Executive Director of the NYS Workers’ Compensation Board, following the departure of Mary Beth Woods, who was appointed Acting Executive Director and CEO of the NYS Insurance Fund.

Former Deputy General Counsel Heather MacMaster has been named Acting General Counsel in the transition that became effective on March 23.

Mr. Wertheim and Ms. MacMaster have both served the Board for more than two decades and look forward to continuing the work already underway to create a system that’s better for workers and better for business.

 

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