www.elections.state.ny.us:8080/reports/rwservlet?cmdkey=efs_sch_report
Suffolk, Nassau OTB probe ethics conflict
by David Winzelberg
Published: November 24th, 2013
www.elections.state.ny.us:8080/reports/rwservlet?cmdkey=efs_sch_report
At least one employee of Nassau County Off-Track Betting is questioning whether the head of his employee union, a member-elect of the Suffolk County Legislature, should have a say in Suffolk OTB business.
Teamsters Local 707 President Kevin McCaffery, whose union represents about 200 Nassau OTB workers, was elected earlier this month to serve as a Suffolk legislator representing the 14th District. In a letter last week, Nassau OTB cashier Jackson Leeds alerted the Suffolk County Ethics Board to McCaffery’s possible conflict of interest.
www.elections.state.ny.us:8080/reports/rwservlet?cmdkey=efs_sch_report
www.elections.state.ny.us:8080/reports/rwservlet?cmdkey=efs_sch_report
“As a Suffolk County legislator, his duties are to the people of Suffolk County,” Leeds wrote. “He cannot simultaneously represent the interests of employees of Nassau OTB, a Nassau County public benefit corporation.”
McCaffery told LIBN he doesn’t think the two counties’ OTBs are in competition with each other and he doesn’t see his role as union leader for Nassau OTB workers as a conflict with issues surrounding Suffolk OTB.
“If anything, I have the background of dealing with Nassau OTB, which gives me more insight on the subject than any other legislator out there,” McCaffery said.
When asked if the legislator-elect’s union job appeared to be a conflict of interest, Nassau OTB chief Joseph Cairo said, “If you really want to stretch it. But I don’t see anything that’s apparent to me.”
Cairo added that he’ll instruct the Nassau agency’s counsel to review the situation.
Leeds, a 10-year veteran of Nassau OTB, complained that both union officials and county OTB management have been too focused on the 1,000 video lottery terminals planned for each county’s OTB and they’re not paying enough attention to current operations.
“They never worked behind a window,” Leeds told LIBN. “They’re out of touch with the bettors of Nassau County.”
Internet wagering and dwindling handles – the overall money being wagered – have prompted a consolidation in Nassau OTB’s operations in recent years; there were 15 betting offices in Nassau in 2003, and now there are eight. Suffolk OTB, which has seven branch offices, filed for bankruptcy last year.
These days, according to some analysts, OTB offices exist largely for political patronage – another reason, according to Leeds, that the Nassau union chief shouldn’t mix one business with the other.
“Union leaders should not be politicians,” he said. “OTBs are run by politicians. Being political and doing public good aren’t always incompatible, but they often are.”
This isn’t the first time a Long Island legislator’s OTB ties have become an issue.
In May 2000, Gregory Peterson, then-president of the Nassau OTB, sued to prevent Nassau County Leg. Roger Corbin from voting on appointments to the Nassau OTB’s board of directors. Because Corbin was employed as a branch manager for New York City OTB and a member of Teamsters Local 858, which then represented all employees of Nassau OTB, Peterson alleged Corbin’s legislative role posed a conflict of interest.
A New York Supreme Court judge issued an injunction preventing Corbin from voting on OTB appointments, but Corbin appealed and the lower court’s decision was reversed. The Nassau County Board of Ethics also chimed in, determining by a 3-2 vote that voting on OTB appointments didn’t create a conflict because Corbin didn’t influence policy or engage in labor negotiations.
With McCaffery, some observers say it’s best to proceed with caution.
Anthony Figliola, vice president of Uniondale-based government relations firm Empire Government Strategies, said the legislator-elect may want to recuse himself from any votes concerning Suffolk OTB until the Suffolk County Ethics Board offers an opinion.
“OTB is a political football,” Figliola said. “It’s better to stay out of it, especially if you want to get things done in the Legislature.”
nassau otb will vote in 2018 if authorized by the us supreme court and cease paying union. dues
see
Enter your email address to subscribe to updates to this case:Janus v. American Federation of State, County, and Municipal Employees, Council 31
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 16-1466 | 7th Cir. | TBD | TBD | TBD | TBD | OT 2017 |
Issue: Whether Abood v. Detroit Board of Education should be overruled and public-sector “agency shop” arrangements invalidated under the First Amendment.
SCOTUSblog Coverage
- Justices issue orders from "long conference" (UPDATED) (Amy Howe)
- Will the third time be the charm for challenge to public-sector union fees? (Amy Howe)
| Date | Proceedings and Orders |
|---|---|
| Jun 06 2017 | Petition for a writ of certiorari filed. (Response due July 10, 2017) |
| Jun 20 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent American Federation of State, County and Municipal Employees, Council 31. |
| Jun 21 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner. |
| Jun 26 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Michael Hoffman, in his official capacity as the Acting Director of the Illinois Department of Central Management Services, et al. |
| Jul 03 2017 | Order extending time to file response to petition to and including August 11, 2017, for all respondents. |
| Jul 07 2017 | Brief amicus curiae of the Buckeye Institute for Public Policy Solutions filed. |
| Jul 07 2017 | Brief amici curiae of Pacific Legal Foundation, et al. filed. |
| Jul 10 2017 | Brief amicus curiae of Debora Nearman filed. |
| Jul 10 2017 | Brief amici curiae of Rebecca Friedrichs, et al. filed. |
| Jul 10 2017 | Brief amicus curiae of The Competitive Enterprise Institute filed. |
| Jul 10 2017 | Brief amici curiae of the Cato Institute, et al. filed. |
| Jul 10 2017 | Brief amici curiae of Michigan and Eighteen other States filed. |
| Jul 10 2017 | Brief amicus curiae of Atlantic Legal Foundation filed. |
| Jul 10 2017 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. |
| Jul 10 2017 | Brief amicus curiae of Mackinac Center for Public Policy filed. |
| Aug 10 2017 | Brief of respondents Lisa Madigan and Michael Hoffman in opposition filed. |
| Aug 11 2017 | Brief of respondent American Federation of State, County, and Municipal Employees, Council 31 in opposition filed. |
| Aug 29 2017 | Reply of petitioner Mark Janus filed. |
| Aug 30 2017 | DISTRIBUTED for Conference of 9/25/2017. |
| Sep 28 2017 | Petition GRANTED. |
| Oct 24 2017 | Blanket Consent filed by Respondents, Lisa Madigan and Michael Hoffman. |
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