Monroe CYNTHIA W. KALEH DEMOCRATIC MINORITY LEADER fe. leg ibilire County CYNTHIA W. KALEH LEGISLATURE - DISTRICT 28 18 FAIRVIEW HEIGHTS, ROCHESTER. NEW YORK 14613 OFFICE: ($85) 753-1940 FAX: (585) 753-1946 E-MAIL: eindy’@kaltechsupport.com July 19,2017 David Moore, Director Office of Public Integrity 45 Exchange Blvd, Suite 888 Rochester, NY 14614 Dear Director Moore: Tam writing today to request your office investigate issues surrounding the overpayment of Sheriff Patrick O'Flynn. The adopted 2017 County Budget lists Sheriff O"Flynn’s salary at $136,700 as opposed to the $149,376 he is being paid. While characterized as a ‘typo’ by the County spokesman, this overpayment raises a number of issues relating to the oversight of the Monroe County budget and the process by which it may be amended, There appears to be a number of departments that failed to report this discrepancy. T would like to know who approved and/or signed off on the 2017 Budget Salary Schedule for Elected Officials? Was this page approved by the Sheriff's Department, the Human Resources Department, the Finance Department, and/or the County Executive's Office, or any other department not listed, when the proposed budget was introduced in November of 2016? Following the adoption of the budget with amendments from the Legislature in December, did any of the aforementioned departments or any other department review the budget document before the County Executive made the decision to sign it into law instead of vetoing it? The County has indicated they have reconciled the difference between the approved salary and the received salary using a scrivener’s affidavit. Is this the process that was used (0 address this issue? If it was not, what process was used? In either case, I request a legal opinion on the legality of using that process to amend the budget mid-year. This legal opinion should be drafted by outside counsel, as the County Law Department has already offered an opinion to the County Executive and thus now has a conflict of interest on this matter. If this is a legal process for amending the budget, why does it not require a public hearing as the budget legislation does? Furthermore, who authorized the actions in this process and where is the scrivener’s affidavit, or other legal instrument used, filed? Lastly, I would like to know when the County realized it was overpaying the salary of the Sheriff and what was done to correct it? What department or who authorized this overpayment contrary to the approved budget? In other instances of overpayment, employees are required topay back the money they were paid but not entitled to. How and when will the Sheriff be made to comply? If not, why not? As you know, when tax payer dollars are mishandled, we risk losing the trust of those we are sworn to govern, Our efforts (o maintain an ethical, transparent, and accountable government are always of the utmost importance and we thank you for your attention to these requests. If you have any questions, please contact me at 753-1940, Sincerely yours, ae I f Abed pth Cynthia W. Kaleh Democratic Minority Leader