Suffolk ethics board presses for online posting of financial disclosures & issues kevin mccaffrey conflict opinion
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
In his stakes debut, Centennial Farms' Preservationist proved quite the giant killer.
The 6-year-old son of Arch was forwardly placed and took control at the top of the stretch in the $700,000 Suburban Stakes (G2) July 6 at Belmont Park, turning back dual grade 1 winner Catholic Boy en route to a 4 1/2-length win.
Preservationist broke alertly in the 1 1/4-mile test and took command to lead through an opening quarter in :24.48 but was quickly passed by 6-5 favorite Catholic Boy, who made an early bid under Javier Castellano and moved up outside the eventual winner to dictate a half in :48.09.
"He was a little keen in the first part of the race, and that probably cost me the race," Castellano said. "I don't want to take anything away from the winner, but unfortunately it wasn't (Catholic Boy's) day."
With Junior Alvarado in the irons, Preservationist tracked Catholic Boy through three-quarters in 1:11.69, then geared up to surge back for a head advantage through a 1:35.68 mile. A four-wide Catholic Boy tried to come back, but Preservationist widened his margin in the final furlong, drawing off to finish in 1:59.99 on a fast track.
"My horse broke good, and I let him find his rhythm. He took the lead during the first part of the race, and then Catholic Boy came on the outside, a little keen," Alvarado said. "I wasn't worried. I was trying to give a nice, confident ride to my horse. At the five-sixteenths pole, when it was time to pick it up, I asked him, and he was there for me. He gave me a nice run in the end."
Catholic Boy stayed on for second from grade 1 winner Pavel, who got third.
"He was a little too keyed up, but I thought it was a respectable effort," trainer Jonathan Thomas said of the versatile Catholic Boy, who was switching back to dirt after winning his season debut, the Dixie Stakes (G2T), on turf at Pimlico Race Course. "We were second-best today. I don't want to downplay the winner. He ran super. It's important to get (Catholic Boy) back to the barn, and we'll see what we do. I'm proud of him."
Rounding out the order of finish were Realm, Cordmaker, Carlino, Marconi, Rocketry, Lone Sailor, Wooderson, and Mead Hall.
Trained by Jimmy Jerkens, Preservationist entered the Suburban off a convincing victory over a sloppy main track at Belmont, where he earned a 101 Beyer Speed Figure.
Preservationist gave Jerkens his third Suburban victory after winning back-to-back years with Effinex in 2015-16.
"He was there all the way for him. Junior said he felt good coming down the backside," Jerkens said. "He was so nice and relaxed coming off of a big race, so I thought he'd be fit enough. He's got a lot of talent, but he's got stamina, too. He has a lot of quality all through his female family. Nice to see it all come together to pick up a graded stakes win here today."
Bred in Kentucky by Emory Hamilton, Preservationist is out of the Dixieland Band broodmare Flying Dixie, a half sister to multiple graded stakes winner Hungry Island.
Off at odds of 7-2, Preservationist returned $9.90 for a $2 win bet and cashed a check for $375,000, enhancing his lifetime earnings to $572,300. His record now stands at 8-5-1-2.
VIDEO: SUBURBAN S. (G2)
The Suffolk County Board of Ethics called on county officials Wednesday to allow the agency to post financial disclosure forms online, after Nassau County Executive Laura made a similar proposal this week.
The five-member board voted unanimously for a resolution recommending that county lawmakers consider legislation to require the board to post elected officials’ and candidates’ disclosure forms online.
Board members said the legislation would increase transparency while saving the resources staff use to respond to public records requests for disclosures.
The board, which is appointed by the county legislature, maintains disclosure forms, renders advisory opinions on ethics and conflict of interest issues and conducts investigations.
“We believe it beneficial to be transparent,” board member David Bekofsky said at the meeting.
The resolution came two days after Curran, a Democrat, announced a legislative proposal to require online posting of all Nassau elected officials’ financial disclosure forms.
In Suffolk, Presiding Officer DuWayne Gregory (D-Copiague) said he has already requested the legislature’s counsel to draft legislation on posting the forms online.
“It’s already public information, so why not make it more accessible to people?” he said.
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