http://libn.com
McCaffrey, because he can collect money from Nassau OTB employees without their consent because NY permits such things. Working is for people who can't collect?
Ethics panel: New Legis. Martinez can't keep school job, too
Suffolk's Board of Ethics has found that newly elected Monica Martinez cannot serve as a county legislator starting Jan. 1 and keep her full-time job as a $117,000-a-year assistant middle school principal under the county's anti-double-dipping law for elected officials."Retention of the assistant principal position while an elected official would be prohibited," the board's advisory opinion said. "Absent any showing . . . of regularly performing direct instructional duties at her school district to the students, the board finds the exemption for teachers to be inapplicable."
Martinez received the six-page advisory opinion by certified mail late Friday. The board made its decision Wednesday night at a closed-door meeting in Yaphank.
"I respect the decision of the ethics commission and will abide by it," Martinez said in a statement through a spokesman. "I will immediately seek a leave of absence from my position with the school district and assess my options, legal and otherwise, going forward."
Joseph Bond, superintendent of Brentwood schools, where Martinez works, could not be reached immediately for comment.
Martinez won election as a $98,260-a-year county lawmaker with heavy financial assistance from County Executive Steve Bellone and other party officials, defeating veteran Democratic lawmaker Rick Montano, who often clashed with Bellone. During the campaign, Martinez maintained she planned to work both as a lawmaker and a school administrator, which would earn her $215,260 annually. A Bellone spokeswoman had no comment on the Martinez decision last night.
Bellone last month filed a bill that would have rolled back part of the double-dipping ban to add an exemption for all school, fire and library district employees in addition to the existing one for public school and college teachers. Bellone later withdrew the bill at Martinez's request.
Martinez said the law did not apply to her and violated state law. She said the definition of "teacher" in the state education code includes "all full-time members of the teacher or supervisor staff."
However, the ethics board found that schools are a "subdivision of the state" and are covered by the law. They also found "an assistant principal does not perform functions normally associated with the term 'teacher' " and that Martinez "would be in violation . . . if she were to retain her position as assistant principal."
Critics say they do not expect that a legal challenge would be successful.
"My sense is there was never any ambiguity and the law was designed specifically to be very clear," said Legis. John M. Kennedy Jr. (R-Nesconset).
Long Island Business News
Suffolk, Nassau OTB probe ethics conflict
by David Winzelberg
Published: November 24th, 2013
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.
“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.”
David Winzelberg
Reporter
631.913.4247
917.796.1801
No virus found in this message.
http://libn.com
Long Island Business News
Suffolk, Nassau OTB probe ethics conflict
by David Winzelberg
Published: November 24th, 2013
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.
“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.”
David Winzelberg
Reporter
631.913.4247
917.796.1801
From: leonard [pointreyes@verizon.net]
Sent: Friday, November 22, 2013 11:45 AM
To: David Winzelberg
Subject: Freeport Branch Nassau OTB closes Dec 15
Sent: Friday, November 22, 2013 11:45 AM
To: David Winzelberg
Subject: Freeport Branch Nassau OTB closes Dec 15
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