State Audit Questions Town Spending and Ethics

A leaked draft of a state audit questions Yorktown's financial controls and alleges unethical behavior on behalf of its highway superintendent, a news report says.

The initial findings were conducted by the Office of the State Comptroller and reported by the online edition of the PennySaver Community, formerly the North County News. The paper said they had received a copy of the audit, although the town had been denying New York State Freedom of Information Law requests for the document. 

After discussion with the town attorney and the New York State Committee on Open Government, the town has decided to deny FOIL requests and challenge the "factual data" included in the report. 

"As the draft report contains statements that are, as yet, still unfounded allegations that, if disclosed, could damage the reputation of individuals, the release of the statements would constitute an 'unwarranted invasion of personal privacy,'" the town told Patch in a statement. 

Robert J. Freeman, executive director of the Committee on Open Government and the state's expert in Freedom of Information law, said the numbers, statistical and factual tabulations should be made available; however when someone makes an allegation that has not been confirmed yet, it would be unfair to disclose the information.

"Those portions that consist of advice, opinion and recommendations could be withheld," he said.

Supervisor Susan Siegel said the "bulk" of the report should not be released to the public, and that the information that would not be heavily redacted would be that "Yorktown is 40 square miles."

"To give a report that's heavily redacted doesn't make sense," she said. 

In the report, the state comptroller's office examined the town's internal controls and Highway Superintendent Eric DiBartolo's work activities over a two-year period, Jan. 1, 2007, through May 31, 2010.

According to the report in the NCN, Highway Superintendent Eric DiBartolo's work computer was used to view and store 26 pornographic images and eight other inappropriate images. Allegedly, he had engaged in a political campaign, bought and sold auto parts for personal use, NCN reported. He was also cited for a potential conflict of interest. 

Eric DiBartolo declined to comment and said he had not yet seen the report. 

He is not the only one being cited in the report. Auditors allege that town clerk Alice Roker issued "unsigned, undated addendum increasing the number of trucks to four without any Board authorization or mention in the Board's minutes," according to the news report. 

Also, the town did not solicit competitive bids for nine vendors, totaling about $2.2 million, and paid 10 professional service providers over $4 million without seeking competitive proposals. There were also instances of incomplete and inaccurate recording of minutes of board meetings relating to the purchase of town vehicles, according to the news report. 

In addition, according to the audit, town comptroller Joan Goldberg said she did not know the number of credit cards the town has, the number of town employees who have the credit cards, or what the credit limit is for the cards, the NCN reported. 

Siegel said the audit is still in its draft version and changes are possible, but the town is reviewing all statements and are concerned with the "factual data."

The town supervisor, town board members, town comptroller and the town attorney received copies of the state audit, Siegel said. 

Many of the issues and problems that were addressed in the state audit, Siegel said, date back to before she was elected. After being elected supervisor, she worked on correcting those issues, she said, such as going out for bids, consolidating purchases and contracts, saving the town money. 

Last year, the town cut $800,000 in expenditure, and of that $400,000 was saved due to improved purchasing practices, Siegel said. 

William Reynolds, press secretary for state Comptroller Thomas DiNapoli, said town officials will have a chance to comment and if item findings are incorrect, they can be changed; however, he said mistakes don't happen often.

Town officials can address the findings of the state comptroller's office within 30 days of receipt of the draft. They have until June 30 to submit their comments. Their comments would be included in the final audit report. The town can initiate a corrective action within 90 days, Siegel said.