As we head toward this coming week’s primary, a controversy has boiled over in Albany County District Attorney’s race. And rightly so.
Attorney Lee Kindlon is challenging the incumbent, David Soares. Initially the controversy was about an allegedly “secret” bonus program, supplementing the pay of some employees in the District Attorney’s Office. The controversy boiled over when the County Comptroller, Mike Conners gave a list of the employees receiving the bonuses to a blogger, Theresa Grafflin, who strongly supports the challenger and who has been critical of Soares for years. Unfortunately, that list, which Grafflin published online, included Social Security numbers. While she subsequently took the report down, for a period the Social Security Numbers of a number of County employees were out on the web. See one of her posts here, where she acknowledges that Conners gave her the list. Here’s the story in the Albany Times-Union.
The County Executive, Dan McCoy has evidently asked the FBI to investigate. I assume this is because of the release of Social Security numbers though I’m sure there are other good reasons as well.
My take on the issue?
First, the program may not have been publicized, but it was not a secret. As I will detail below, as the then County Commissioner of Management & Budget, I had a role in how the program was structured. I wasn’t fond of the program, but if we were going to have it, I thought (and think) it better to be structured in the manner it was, which made the bonuses less visible. And the County Legislature explicitly approved of the program.
Second, Comptroller Conners’s reckless behavior was bad enough, but it was not a surprise. I’ve seen it before, including the misuse of County information systems to which he or his staff have regular access. This is not the careful behavior that should be typical of any public official, much less a governmental fiscal officer, and certainly not in the pursuit of political meddling. Not that he will, but Conners should resign. If he does not, the County Legislature should restrict his role. Given his abuse of the power that he does have and given that Conners has been campaigning hard for the Legislature to give him subpoena power, neither the commission recently created to review the County Charter nor the Legislature itself should even consider such a change.
My take on the candidates?
I have no brief for either candidate for District Attorney. In fact, I’m at least grumpy with both of them for reasons that I won’t go into here. Indeed, at this stage, I pretty much don’t like either one of them and, much as is pains me not to vote, had tentatively figured to sit this one out.
Why the so-called “secret” program was structured the way it was and thus why it wasn’t a secret. Blame me.
When the bonus program was started, I was County Commissioner of Management & Budget. Thus, I’m aware of some details that have not been publicized well, if at all. And I had a role in how it was structured. A side effect of the structure was to make the details less visible, but that did not make it a secret.
The District Attorney received a grant from New York State to supplement the salaries of DA staff. This is a questionable State policy, especially given the disarray in the State’s policy regarding and its very limited support of indigent legal services. But from a local perspective, while I was in Budget, we particularly disliked these programs because they created a salary floor that didn’t go back down when the grant funds dried up and because they further distorted already unbalanced and often arbitrary County salaries. (For those not familiar with Albany County government, it does not have a standardized salary schedule. With the exception of collectively bargained salaries, all are personalized and the Legislature meddles constantly and extensively in determining the salaries of hundreds of individuals.) However, we couldn’t stop the Legislature from approving the program. Most agency heads, not just the DA would advocate for taking advantage of available funding like this. And since the Legislature thinks of grant money as free money, they approve it. And they approved this one.
However while unable to stop our receipt of the funds or their use, I was able to convince the Legislators and staff involved that the grant funds should be approved in bulk rather than being assigned to individual (personal) lines in the County’s line-item budget. When funds are assigned to individual lines, they look like and effectively are salary increases. Thus they tend strongly to become permanent even when the State grant funding for them has disappeared. So the solution was to establish the program structure without explicitly assigning amounts to individual personnel lines in the County budget.
I’m guessing that everyone in Albany County government is so habituated to seeing every individual’s salary in the budget, that they assumed that the only possible alternative was some sort of secret and inappropriate behavior. Not this time. It never was a secret, the Legislature approved it in this form and I still believe that this was the appropriate manner to handle these grant funds.
So blame me, not the District Attorney.
But the abuse of the County’s information systems and reckless release of Social Security numbers is a different matter entirely.
Since supervision of the County’s information systems were also part of my responsibilities, I’m familiar with the key system (called Munis) that’s part of the Social Security data controversy. Based on my experience with the County Comptroller, Mike Conners, my immediate guess was that he was the one who got and released the data, including the Social Security numbers and that was because of all the people who I knew would have access to the information, he was the one most likely to abuse it.
In fact, I have previously seen Conners or his staff abuse the County’s key information system, which among other things includes all financial functions. Conners’s staff accessed (and even changed information) they had no right to. Even when it was his staff who abused the system, Conners refused to discipline them. Moreover, while I assume that Conners released the Social Security numbers out of carelessness rather than intent, such carelessness is his routine.
Though not directly relevant to this controversy, I was not a fan of the County’s financial information system and one of the key reasons was its weak security and privacy framework that that tied the Social Security numbers to the individuals when the bonus data were generated. In contrast Conners touts the system, even to other counties.
There is much to criticize the current District Attorney for. And if you don’t approve of bonus programs or disapprove of how he distributed these bonuses, that’s fine. But you can’t blame him for structuring the bonus program in the way it was. And you can’t say it was secret.
In contrast, it is entirely reasonable to blame Mike Conners for behavior that would be inappropriate and probably illegal for anyone, but for the chief fiscal officer of a government is way out of bounds. The only redeeming part of this mess is that at least now, the public is getting a taste of how careless and reckless he is.
So make your choice on District Attorney, but don’t base it on a “secret” bonus program set up by incumbent Soares. But don’t forget that, at least in this controversy, the real issue is not either candidate for DA, but the County Comptroller, whose carelessness is unforgivable for any public official, but especially for one in his role.
Tagged as:
Albany County,
David Soares,
Lee Kindlon,
Mike Conners