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 White Plains, NY - Public confidence in the Westchester County Board of Legislators has recently begun to fade after a series of disclosures of poor fiscal oversight, a lack of internal controls and excessive spending.
In order to restore public confidence, to recognize the extraordinarily difficult economic times and the positive role the County Board can play in providing critically important public services we must assure the public that the Board of Legislators is serious about reforming the way it conducts the public business.
In addition, to assure that all Board purchases and expense reimbursements from 2003 to the present have been appropriate and that any steps necessary to recover misappropriated public funds are established, the following Four Part Plan is recommended for adoption by the Board of Legislators.
The “Plan” sets out specific action steps that will help restore the public’s confidence and demonstrate that the Board of Legislators is effectively and appropriately discharging its fiduciary responsibility and oversight role under the County Charter.
1.Operational Reform:
A.Reorganizational Changes:
The Chief of Staff role shall be restored and united with the responsibilities of the Board Clerk. The responsibilities of this position shall include all staff oversight and administrative procedures for the day- to- day operation of Board activities. There shall be a Deputy Chief of Staff/Board Clerk who assists the Board Clerk and assures continuity in the absence of the Board Clerk. All hiring, firing and disciplinary procedures of staff shall be made upon the recommendation of the Chief of Staff/Board Clerk and shall be acted upon by the full Board of Legislators.
The Chief of Legislative Matters / Legislative Counsel shall oversee the substantive and legislative side of Board operations. Counsel shall oversee committee operations, substantive legislative items and shall coordinate with legislative leaders and individual legislators.
The Chief of Fiscal Affairs shall be responsible for the budgetary and fiscal internal operations of the department as well as guiding the fiscal/budget oversight role of the Board of Legislators.
The Communications Director shall direct public communications through all mediums including the Board’s website.
All above individuals shall directly report to the Chairperson.
This reorganization will increase accountability, streamline operations, enhance transparency and provide significant budgetary savings.
B.Role of Chairperson Changes:
The Chairperson of the Board of Legislators is selected by the full Board to run Board operations as a County Department Head. The Chair is the Chief Executive Officer of the Department and shall be directly accountable to the Legislature.
The Chairperson shall not serve more than three (3) terms.
There shall be no advisors reporting directly to the Chairperson other than the positions enumerated above, as well as support staff.
The Chairperson in the role of Department Head shall prepare and defend the Board of Legislators annual budget before the Budget & Appropriations Committee.
The Chairperson on an annual basis shall present a State of the Board of Legislators report to the full Board of Legislators.
The Chairperson shall on a semi-annual basis report all Board expenditures to the Budget & Appropriations Committee.
The Chairperson shall not have a county provided car but may receive appropriate reimbursement for legitimate governmental travel other than normal commuting expenses.
C.Legislator/Staff Changes:
There shall be provision for one telephonic device per legislator as well as one for Chief of Staff/Board Clerk, Deputy Chief of Staff/Board Clerk, Chief of Legislative Matters, Chief of Fiscal Affairs and Communications Director. These devices shall be used for official Board business only. Private use shall be reimbursed by user. No telephonic device for other individuals, advisors and staff shall be provided at the public’s expense.
There shall be provision for one computer per legislator and one computer per staff. No computer for non-legislators and non-staff.
No County-owned car shall be assigned to any legislator or staff.
Legislators may receive appropriate reimbursement for legitimate governmental travel other than normal commuting expenses.
If approved in the annual Board of Legislators’ budget, a Travel policy shall allow for either a lump sum dollar amount for each of two annual conferences (NYSAC and NACO) divided by number of legislators attending, or full reimbursement for the Chairperson and one other attending legislator.
2. Budgetary Reform:
Full Board operations shall be detailed in the annual department budget.
Special Items shall not be used for legislative earmarks, but instead reserved for unexpected budgetary needs.
Legislator additions shall be added to miscellaneous or departmental budget as separate expenditure lines and defended/voted upon with full disclosure.
The County Board shall immediately institute a hiring freeze.
The County Board shall cut staff by at least 5% this year and at least 10% in 2009 from 2007 levels.
The County Board shall immediately reduce 2008 expenses by at least 5% this year and at least 10% in 2009 from 2007 levels.
Legislation shall be promulgated to recognize no more than cost of living increases in legislative salaries from 2010 and beyond.
Salary levels shall be set for all leadership and committee assignments and additional committee stipends will not be provided.
There shall be no retroactive increases for legislators for the years 2007 through 2009.
All Board purchases shall follow the existing County purchasing policy.
All Board hires shall be in conformity to County hiring practices.
Institution of above measures will save taxpayers at least $250,000 in 2008 and at least $500,000 in 2009.
3. Full Accounting and Reimbursement of any Misappropriated or Misspent Funds:
Establishment of three member Committee to conduct accounting of purchases and expense reimbursements for years 2003 through present. The members shall be the Chief of Fiscal Affairs for the Board, the County’s Budget Director or representative, and the County’s Finance director or representative. They shall examine all purchases and expense reimbursements for 2003 through the present, determine the location of said items, study the stated and real purpose of said items and determine if any purchases or expense reimbursements were made outside the legitimate scope of the county government.
This Committee shall provide a report to the full Board of Legislators that includes findings of whether any purchases or expense reimbursement were or were not related to County business and suggest any recommendations of action.
The full Board of Legislators shall then take action or demand reimbursement of taxpayer monies where appropriate.
The committee shall act independently of any ongoing investigation by the Westchester County District Attorney or other investigative body and shall fully cooperate with authorities by providing records or information that may be requested.
4.Establishment of a County Office of Inspector General:
Appointed jointly by County Executive and Board of Legislators, an independent Inspector General shall be appointed with a fixed five year term to investigate internal complaints from employees or the public regarding Westchester County governmental operations. This revives an earlier County Executive Spano legislative idea submitted years ago to the Board of Legislators but never acted upon.
The Inspector General will enable whistleblowers to come forward with specific knowledge of malfeasance or misfeasance with sufficient protection for the whistleblowers.
The Inspector General will as appropriate issue findings and recommendations and/or refer alleged criminality to the appropriate legal authorities.
The purpose of this office is to root out any possible existing wrongdoing and to deter inappropriate future behavior on the part of all County Employees and Elected Officials.
Michael Kaplowitz
Vice Chair, Westchester County Board of Legislators
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My solution is to throw the bums out to set an example for other dishonest officials.