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Horrigan defends county’s investment approach

MAYVILLE — A New York state comptroller’s report criticizing county investments, salary and fringe benefits prompted response from County Executive Vince Horrigan on Tuesday.

Horrigan came before the county Legislature’s Administrative Services Committee to relay disagreements with some of the conclusions found within the report released in late December. State auditors found the county didn’t always invest funds in accordance with its adopted policy or state law, bringing loss on the sale of certain investments. Adequate oversight of the investment program was recommended.

It was also discovered that payments to elected officials and some employees weren’t accurately calculated. Establishing written policies and procedures to ensure compensation at their approved salary amounts was recommended.

The county executive told legislators the report contains many items worthy of further discussion.However, Horrigan said he’s confident that county investments have been well-managed by the county finance director in consultation with the Legislature’s Audit and Control Committee. In addition, Horrigan told legislators the report does not fully take into consideration the impact of the county’s actual interest earnings from its investment portfolio.

“(It) does not recognize that over half of the county’s investments are held in long-term purposes not requiring high liquidity,” he said. “Although a few of the county’s investments in New York local government and New York local development corporation bonds were not specifically authorized by the state comptroller, the investments in question produced a net gain for the county and the issue has been corrected.”

Horrigan went on to say the finance director has prudently balanced the need for beneficial investment returns while maintaining safety and liquidity. Subject to the county Legislature’s direction, Horrigan said he doesn’t recommend any changes to the general investment approach.

The comptroller’s audit found 23 elected officials and 94 management employees were overpaid, which totaled around $26,400 in 2015 as they received one day of pay in excess of their approved salary amount. In response, Horrigan said the county’s conversion of designated annual salary amounts to a bi-weekly rate has been a county practice dating back to the 1970s. Horrigan said it’s been a consistent past practice as local laws and resolutions passed over the years do not show a specific legislative ratification of the bi-weekly conversion procedure.

Horrigan said he adjusted the 2016 payroll amounts of county managers and elected officials to address the report’s findings. The county executive said he will continue to make changes “unless and until the county Legislature expressly ratifies a bi-weekly conversion procedure.”

The report found three elected officials, a past county executive, a past county clerk and the sheriff, should not have been paid for unused vacation leave totaling $14,875 during 2013 and 2014. Horrigan responded by stating that a local law amended in 1990 provided vacation buy-back benefits for county managers and full-time elected officials. Horrigan said it has been the consistent opinion of the county attorney since 1996 that full-time elected officials may utilize vacation buy-back benefits so long as they document their time, as is procedure used for New York state Retirement System benefits.

“Unless the county Legislature chooses to modify Local Law 1-83, the county would continue to implement the vacation buy-back provisions,” Horrigan said. “Many elected officials and citizens in Chautauqua County have expressed concern over the years as to whether the salary and benefit package afforded to the county’s elected officials is sufficient to attract quality candidates. Through the local law, the county Legislature moved to address this concern by giving full-time elected officials the same benefits package afforded to all other county managers.”

The county will need to file a corrective action plan to relay how audit findings and recommendations will be used to improve operations and controls. Horrigan said he’ll be looking for legislators’ help to finalize a plan that’s due back in 90 days.

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