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Temporary Appointment to County Trades Board Raises Conflict of Interest Questions
County sales tax revenue $2,467,000 short at year's midpoint
by Margaret Sternberg
During its July 24, 2006 meeting, the Audit & Administration Committee made quick work of pre-filing a number of amendments and the reviewing of several reports before turning attention to the one topic that had been predetermined as the focus of the evening's discussion: a budgetary amendment concerning the appointment of a temporary license enforcer for the Plumbing/Mechanical Trades Board.
The amendment, which has no fiscal impact but allows $12,000 to be transferred from plumbing board fines in order to hire someone to cover a temporary opening for a code enforcement officer, prompted the Audit Committee to launch into an extensive discussion on a number of issues in connection with the person who had been recommended. Because the Committee was discussing a personnel matter in public session, Committee members did not say who the nominee was for the position.
Committee Chairman Tony Hay said issues with the individual's nomination arose in several areas because of accommodations the nominee would be required to make in order to resolve the appearance of a conflict of interest.
As a member of the plumbing and mechanical trades, the nominee had offered to "shelve his own license" during the time he would have been an inspector.
However, as a partner in a plumbing business, Hay said, if the nominee's partner did not also have a license, the action might effectively shut down the business and throw people out of work. A business must have an active license to operate legally in the County.
The nominee, who is a member of the Putnam County Plumbing/Mechanical Trades Board, also offered to take a leave of absence from the Board during the time he would be appointed an inspector. Hay questioned whether taking a leave of absence was a legally viable option, stating his belief that, by law, the person could only resign from the board.
Hay also noted that the position itself, which he described as essentially giving tickets to contractors who failed to produce a license when asked, but not requiring the performing of inspections, did not need someone as skilled as the nominee, thus the position could be filled with someone who did not need to make so many adjustments in order to accommodate a job that did not require special skills.
Legislator Sam Oliverio suggested the Committee notify the Plumbing/Mechanical Trades Board that the nominee was unacceptable and request another name be submitted. Legislator Terry Intrary responded that he wanted to hear from the Law Department on some of the issues raised before making a decision.
Oliverio suggested moving forward Carlin's request pending information from the Legal Department, which the Committee did, pre-filing the measure for consideration by the full Legislature.
Subsequent to the Audit Committee meeting it was learned that the nominee for the position of NYS Code Enforcement Officer for Putnam County had withdrawn his application for the position.
In other business, the Committee reviewed several reports, one of which showed sales tax revenue again prospectively missing the mark of $47,039,406 that has been budgeted for 2006. With the $3,148,873 earned in June, the six month figure for 2006 is $21,052,192, slightly less than 45 percent of what was budgeted and a shortfall of what would be expected at this point of about $2,467,000.
The Committee also reviewed the OTB report, which showed revenues running ahead of what had been budgeted; at the end of June revenues totaled $499,629, with $850,000 having been budgeted for the entire year.
The Committee also reviewed the Plumbing and Electrical Boards' schedules of fines, the 2006 Contingency Report, the Putnam County Revenue Report and the Overtime/Temporary Help Recap.
The Committee quickly reviewed and pre-filed a number of budgetary amendment requests, most of which had no fiscal impact. The amendments included authorizations regarding outside road patrol services, a contract between NYS and the Putnam County Clerk, the providing of an Therapeutic Parent Aide to work with the Family Drug Treatment Court through August 31, 2007, the amending of the 2006 County Mental Health budget to reflect State Aid and a resolution authorizing $5,720 for the purchase of the cab for a tractor and plow.
Also pre-filed was a budgetary amendment reflecting NYCDEP reimbursement of the County for permanent repairs to the existing sewage treatment system at Putnam National Golf Club, an amendment with a $120,000 fiscal impact for additional funds to meet future gasoline demands, an amendment regarding a $750,000 pass through grant for the purpose of constructing a facility to provide services to the disabled population, two insurance reimbursements, one for repair and replacement of a damaged guide rail in Brewster and the other for damages to a Sheriff's Department vehicle.
The Committee also pre-filed a transfer of funds with no fiscal impact and a $16,148 shift of funds from Park to Farm. The $16,148 transfer had been the focus of questions by Legislator Hay during the amendment's review in the Personnel Committee, but it had since been learned that the funds were needed due to the horse barn being at full capacity and there consequently being a need for an additional worker.
The August meeting of the Audit and Administration Committee will be posted on the PCN&R's website as soon as it becomes available.
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