By Pat Biancaniello
New York State’s Office of the Comptroller recently completed an audit of Village of The Branch for the period June 1, 2011 – October 31, 2012. The audit, addressed the issue “Has the Board delegated discretionary functions to independent contractors?”
The answer turned out to be yes.
Village of the Branch used an independent contractor, Mr. Gerard Harris, as Village Building Inspector. Compensation included an $8,000 base salary and as much as 50 percent of certain inspection fees. This resulted in compensation of $84,197 with approximately $73,000 coming from fees during the audit period.
According to the report, a village may retain professionals as independent contractors to advise and assist and to perform functions that are ministerial. A village may not, “unless expressly authorized by statute, a village may not contract with a private party to perform village functions that involve their performance of police powers or other discretionary functions.”
A building inspector has responsibility for issuing permits, examining premises, enforcing laws that deal with building construction and issuing notices and orders to enforce compliance. Building Inspectors also collect permit fees.
Auditor’s made the following recommendation: The Board should ensure that anyone performing discretionary functions, such as fee collections, police powers and building inspections on behalf of the Village meets all the requirements for holding Village office, including being properly appointed to the office, taking and filing an oath of office, meeting residency requirements and being compensated by salary through payroll with appropriate deductions. No one who performs these functions should be engaged as an independent contractor. See report Village of Village of the Branch.
Trustees of Village of the Branch agreed with the report. Mayor Thomas Keon, in a letter to Mr. McCracken Office of the State Comptroller wrote, “We agree with the findings therein and will implement the recommendation. Beginning with fiscal year 2013 -2014 the building inspector will become and employee of the village and be compensated by salary through payroll with appropriate deductions. A local law will be enacted allowing residence in Suffolk County.”
According to Newsday, on April 9th Harris was hired by Village of the Branch at an annual part-time salary of $30,000.