Seeking answers to protect the residents of the Village. That is a very important part of Foil, and understanding all avenues of information you can travel down.
Response from OSC (office of comptroller)
From: Rebecca Wilcox <rwilcox@osc.ny.gov> on behalf of Muni-Syracuse <muni-syracuse@osc.ny.gov> Sent: Tuesday, May 28, 2019 4:19 PM To: David Murray Subject: RE: FOIL Request
Mr. Murray.
Thank you for this additional information. We will consider this in our risk assessment process.
Sincerely,
Rebecca Wilcox
Chief Examiner - Division of Local Government and School Accountability Office of the State Comptroller State Office Building, Room 409 333 East Washington Street Syracuse, New York 13202-1428
Ph. 315-428-4192
Fax 315-426-2119
From: David Murray Sent: Tuesday, May 21, 2019 6:58 AM To: Muni-Syracuse <muni-syracuse@osc.ny.gov> Subject: Re: FOIL Request
I submit the following legislation and advocate it's relevancy for this particular case. This current village Board may not have instated the illegal overtime compensation policy, but once the auditors informed them of the illegality all voted to stop the practice. where they fall short in accordance with law is their lack of efforts to recoup funds.
Your interpretation is welcome.
NYS 4-414
(12) An officer or person who assumes to create a liability or appropriate money or property of the village without authority of law, or assents thereto, is personally liable for such debt, or to the village for such money or property. Each member of a village board present at a meeting thereof when such unlawful action is taken is deemed to have assented thereto, unless he expressly dissents and requests such dissent to be entered upon the minutes of the meeting. If any person shall have heretofore appropriated or shall hereafter appropriate money or preperty of the village, contrary to law, and the facts in relation thereto are known to the board of trustees, and, after this section as amended takes effect, such board fail for thirty days to bring an action against such person to recover such money or property, each member of the board having such knowledge shall be guilty of a misdemeanor and liable to removal from office unless within such period of thirty days he shall file with the village clerk a written request, signed by him, requesting the bringing of, such action or shall cause to be entered upon the minutes of a meeting of the board a motion made by him for the bringing of such action, or his vote in favor of such a motion.
sincerely.
David Murray
From: Rebecca Wilcox <rwilcox@osc.ny.gov> on behalf of Muni-Syracuse <muni-syracuse@osc.ny.gov> Sent: Tuesday, April 30, 2019 8:06 AM To: David Murray Subject: RE: FOIL Request
Mr. Murray,
Thank you for sharing your concerns about the Village of Ilion’s overtime payments.
It is difficult to provide a definitive answer to your question based solely on your email and the attached memo.
Generally, when we identify errors resulting in overpayments to employees during our audits, we recommend that local officials consult with their municipal attorney on whether it is appropriate to seek reimbursement of the funds. There could be collective bargaining or other legal matters officials should consider when determining what course of action is most appropriate for their circumstances.
The memo from the Treasurer indicates the Village has changed its procedures for calculating overtime and providing compensatory time off in response to the recent audit. It is ultimately up to Village officials to determine whether to recover any overpayments the Village may have made prior to changing its procedures.
Due to our limited resources and the large number of local governments and school districts that we are responsible for examining, we use a risk assessment process to help us decide when and where to direct our audit efforts. We will consider the information you have provided and will continue to monitor the Village as part of our risk assessment process.
If you have any additional information you would like us to consider, please feel free to contact me in the Syracuse office at (315) 428-4192 or by email at Muni-Syracuse@osc.ny.gov.
Sincerely,
Rebecca Wilcox, CPA
Chief Examiner - Division of Local Government and School Accountability Office of the State Comptroller State Office Building, Room 409 333 East Washington Street Syracuse, New York 13202-1428
Ph. 315-428-4192
Fax 315-426-2119
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