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
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