The employees of Hyde Park that directly involved with the finances are bonded. The supervisor is bonded, so is the Comptroller and the former bookkeeper.
What is bonding? It is the purpose to protect a business or organization against misuse and embezzlement of funds through an insurance policy. When one is bonded, a credit check is done which will identify poor credit, a lack of work history, bankruptcy, etc. If an employee has a history which is questionable, either the organization will pay a higher insurance premium or the employee will not be able to be bonded, placing the employer at risk.
Which brings me to the point of this blog. Mr. Kakish will need to be bonded as supervisor. Mr, Kaksih has a record of a car being repossessed on file with the DC Clerk's Office. Mr. Kakish had his home remortaged with a third party listed as the grantee. The amount of judgements on file between him and his wife are in excess $100,000. Will he be able to be bonded?
Another question. Now that the previous bookkeeeper's errors in the 2006 audit were made public and are able to be located with the help of the google search engine, will be also be able to be bonded, say, if by some foolish decision, she was reinstated by the next town supervisor?
According to NYS Law, this is the powers and duties of a Comptroller:
§ 34. Powers and duties of town comptroller. 1. In any town in which
the office of town comptroller shall have been established and a town
comptroller shall have been appointed and shall have qualified, the
powers of the town board of that town with respect to auditing, allowing
or rejecting all accounts, charges, claims or demands against the town
or the improvement districts thereof and with respect to the examining,
auditing and certification of accounts and receipts of town officers,
and making provision for preparing and publishing or posting lists of
all such accounts, charges, claims or demands after the audit or
rejection thereof, including the powers conferred and duties imposed
upon the town board in relation to auditing and approving certain claims
pursuant to sections two hundred eighty-four and two hundred eighty-five
of the highway law, shall devolve upon and thereafter be exercised by
such town comptroller, during the continuance of such office; and with
respect to the powers so conferred and the duties so imposed he shall be
the town board of the town during the continuance of such office. The
comptroller, when required by resolution of the town board, shall
countersign all checks required to be signed by the supervisor. The
comptroller shall annually audit the fiscal affairs of each improvement
district in said town operating under article thirteen of this chapter
and report thereon in writing to the town board.
2. In any town in which the office of town comptroller shall have been
established and a town comptroller shall have been appointed and shall
have qualified, the town board may by ordinance provide that either or
both of the following powers conferred and duties imposed upon the
supervisor under section one hundred twenty-five of this chapter shall
devolve upon and be exercised by such town comptroller during the
continuance of such office: (a) the keeping of separate appropriation
accounts and preventing funds or appropriation accounts from being
overdrawn; or (b) the drawing upon funds or appropriations, provided the
counter-signature of the supervisor shall be required. The town
comptroller shall furnish to the supervisor such information and data as
the supervisor may require for the purpose of enabling him to exercise
his powers and perform his duties or make reports required by law.
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERY+&QUERYDATA=$$TWN34$$@TXTWN034+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=28715779+&TARGET=VIEW
And the powers and functions of the Supervisor:
§ 29. Powers and duties of supervisor. Except where powers or duties
specified herein are devolved upon the town comptroller pursuant to
section thirty-four of this chapter, the supervisor of each town.
1. Shall act as treasurer thereof and shall demand, collect, receive
and have the care and custody of moneys belonging to or due the town
from every source, except as otherwise provided by law. Except as
otherwise provided in articles eleven and thirteen, he shall also act as
treasurer and disbursing officer for every special district therein.
2. Within ten days after their receipt, shall deposit and secure in
his name as supervisor, all such moneys in the manner provided by
section ten of the general municipal law.
3. Shall disburse such moneys only by checks payable to the person or
persons entitled thereto, which checks shall, if the town board requires
such countersignature, be countersigned by the town clerk, or by the
comptroller in towns where the office of town comptroller has been
established. When authorized by resolution of the town board, such
checks may be signed with the facsimile signature of the supervisor or
other town officer whose signature is required, as reproduced by a
machine or device commonly known as a checksigner. By resolution duly
adopted, the town board may determine to enter into a contract to
provide for the deposit of the periodic payroll of the town in a bank or
trust company for disbursal by it in accordance with provisions of
section ninety-six-b of the banking law.
4. Shall keep an accurate and complete account of the receipt and
disbursement of all moneys which shall come into his hands by virtue of
his office, in books of account in the form prescribed by the state
department of audit and control for all expenditures under the highway
law and in books of account provided by the town for all other
expenditures. Such books of account shall be public records, open and
available for inspection at all reasonable hours of the day, and, upon
the expiration of his term, shall be filed in the office of the town
clerk.
7. Shall pay fixed salaries, the principal of or interest on
indebtedness, amounts becoming due upon lawful contracts for periods
exceeding one year, and compensation for services of officers or
employees regularly engaged by the town at agreed wages by the hour,
day, week, month or year without prior audit.
8. Shall prosecute, in the name of the town, for all penalties given
by law to such town for its use and for all moneys or property due the
town.
9. Shall cause a survey to be made of the bounds of his town, whenever
required by the state department of transportation, and transmit a map
and description thereof to such department within sixty days thereafter.
The expense of such survey and map shall be defrayed by the several
towns whose bounds either wholly, or in part, shall be described
thereby; such expense to be apportioned by the board of supervisors of
the county.
10. Shall prepare and file with the town clerk within thirty days
after the expiration of each fiscal year, an annual financial report
accounting for all moneys received and disbursed by him, together with
the certificate, or certificates, of the bank or trust company where
town moneys are deposited, showing the amount of such moneys on deposit
with said bank or trust company, and cause a certified copy of such
report to be published in the official newspaper, and in such other
newspapers, if any, as the town board may require. In addition thereto,
if and whenever required, such supervisor shall submit to the other
members of the town board at the time of filing such report all
vouchers, cancelled checks or check images as authorized by section
ninety-nine-b of the general municipal law, check stubs, ledgers, cash books, journals, and financial and accounting records of every sort required to substantiate the accuracy and completeness of such report. 10-a. In lieu of preparing the report required by subdivision ten of this section, the town board may determine, by resolution, that the supervisor shall submit to the town clerk, within the time period prescribed in section thirty of the general municipal law, a copy of the report to the state comptroller required by section thirty of the general municipal law, providing, however, that if the time for the filing of the annual report has been extended by the state comptroller as provided in the said statute, then the time for submitting a copy of the report to the town clerk similarly shall be extended. The town clerk shall cause either a summary of such report to be published within ten days after receipt thereof in a form approved by the state comptroller or a notice that a copy of such report is on file in the town clerk's office and is available for public inspection and copying, in the official newspaper and in such other newspapers as the town board may direct. 11. Shall lease, sell and convey in the name of the town, property owned by it, whenever and in the manner authorized by the provisions of this chapter or any other general or special law and shall execute and deliver, in the name of the town, grants of easements or other rights in lands or other property owned by the town, whenever so directed by the town board. 12. In towns other than those mentioned in section 9-1107 of the environmental conservation law, and other than those included in a forest fire district as defined in subdivision two of section 9-1109 of the environmental conservation law, shall be superintendent of fires of his town and charged with the duty of preventing and extinguishing forest fires. In such capacity, he shall also be charged with the duty of preventing and extinguishing muck fires. He shall have the power to employ persons to act as forest rangers and fire wardens in preventing and fighting forest and muck fires and to employ necessary assistants therefor, and shall possess, for both such purposes, all the power and authority conferred upon the department of environmental conservation, district forest ranger, forest ranger and fire warden under subdivisions one, two, three, four, five and twelve of section 9-1103, subdivision two of section 9-1111 and section 71-0705 of the environmental conservation law with respect to forest fires and forest fire protection. Any person summoned to fight forest or muck fires who is physically able and refuses to assist, shall be liable to a penalty of twenty dollars. The town board of each town shall designate one of its members to act as such superintendent of fires for the ensuing year in case of absence of the supervisor. The town board shall fix the compensation of all forest rangers, fire wardens, and assistants employed under the provisions of this section, and all expenses incurred under the provisions of this section shall be a charge upon and paid by the town. 13. Shall notify the state department of transportation, in writing, regarding the construction, reconstruction or repair by any person or corporation, or political subdivision of the state within his town, of any dam or other structure for impounding water, and of any dock, pier or wharf, or other structure used as a landing place. This notice shall be given within ten days after the commencement of such work. This subdivision shall not apply to a dam where the area draining into the pond formed thereby does not exceed one square mile, unless the dam is more than ten feet in height above the natural bed of the stream at any
point or unless the quantity of water which the dam impounds exceeds one million gallons. 14. Shall attend the annual meeting of the board of supervisors of the county, and every regular, adjourned or special meeting thereof of which he shall receive notice. 15. In towns of the first class, may designate a bookkeeper or confidential secretary, or both. In towns of the second class, the town board may by resolution authorize the supervisor of the town to designate a bookkeeper or confidential secretary, or both. A person so designated by the supervisor, shall receive a reasonable compensation for his services, to be fixed by the town board and such compensation shall be a town charge. 16. Shall have and exercise any other power or duty expressly conferred or imposed upon him by law and such powers and duties of administration and supervision of town or special or improvement district functions as shall be provided by resolution of the town board, to be performed on behalf of such board.
Feel free to examine more NYS Laws in regards to towns:
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERY+&QUERYDATA=@SLTWN0A3+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=28715779+&TARGET=VIEW
What is bonding? It is the purpose to protect a business or organization against misuse and embezzlement of funds through an insurance policy. When one is bonded, a credit check is done which will identify poor credit, a lack of work history, bankruptcy, etc. If an employee has a history which is questionable, either the organization will pay a higher insurance premium or the employee will not be able to be bonded, placing the employer at risk.
Which brings me to the point of this blog. Mr. Kakish will need to be bonded as supervisor. Mr, Kaksih has a record of a car being repossessed on file with the DC Clerk's Office. Mr. Kakish had his home remortaged with a third party listed as the grantee. The amount of judgements on file between him and his wife are in excess $100,000. Will he be able to be bonded?
Another question. Now that the previous bookkeeeper's errors in the 2006 audit were made public and are able to be located with the help of the google search engine, will be also be able to be bonded, say, if by some foolish decision, she was reinstated by the next town supervisor?
According to NYS Law, this is the powers and duties of a Comptroller:
§ 34. Powers and duties of town comptroller. 1. In any town in which
the office of town comptroller shall have been established and a town
comptroller shall have been appointed and shall have qualified, the
powers of the town board of that town with respect to auditing, allowing
or rejecting all accounts, charges, claims or demands against the town
or the improvement districts thereof and with respect to the examining,
auditing and certification of accounts and receipts of town officers,
and making provision for preparing and publishing or posting lists of
all such accounts, charges, claims or demands after the audit or
rejection thereof, including the powers conferred and duties imposed
upon the town board in relation to auditing and approving certain claims
pursuant to sections two hundred eighty-four and two hundred eighty-five
of the highway law, shall devolve upon and thereafter be exercised by
such town comptroller, during the continuance of such office; and with
respect to the powers so conferred and the duties so imposed he shall be
the town board of the town during the continuance of such office. The
comptroller, when required by resolution of the town board, shall
countersign all checks required to be signed by the supervisor. The
comptroller shall annually audit the fiscal affairs of each improvement
district in said town operating under article thirteen of this chapter
and report thereon in writing to the town board.
2. In any town in which the office of town comptroller shall have been
established and a town comptroller shall have been appointed and shall
have qualified, the town board may by ordinance provide that either or
both of the following powers conferred and duties imposed upon the
supervisor under section one hundred twenty-five of this chapter shall
devolve upon and be exercised by such town comptroller during the
continuance of such office: (a) the keeping of separate appropriation
accounts and preventing funds or appropriation accounts from being
overdrawn; or (b) the drawing upon funds or appropriations, provided the
counter-signature of the supervisor shall be required. The town
comptroller shall furnish to the supervisor such information and data as
the supervisor may require for the purpose of enabling him to exercise
his powers and perform his duties or make reports required by law.
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERY+&QUERYDATA=$$TWN34$$@TXTWN034+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=28715779+&TARGET=VIEW
And the powers and functions of the Supervisor:
§ 29. Powers and duties of supervisor. Except where powers or duties
specified herein are devolved upon the town comptroller pursuant to
section thirty-four of this chapter, the supervisor of each town.
1. Shall act as treasurer thereof and shall demand, collect, receive
and have the care and custody of moneys belonging to or due the town
from every source, except as otherwise provided by law. Except as
otherwise provided in articles eleven and thirteen, he shall also act as
treasurer and disbursing officer for every special district therein.
2. Within ten days after their receipt, shall deposit and secure in
his name as supervisor, all such moneys in the manner provided by
section ten of the general municipal law.
3. Shall disburse such moneys only by checks payable to the person or
persons entitled thereto, which checks shall, if the town board requires
such countersignature, be countersigned by the town clerk, or by the
comptroller in towns where the office of town comptroller has been
established. When authorized by resolution of the town board, such
checks may be signed with the facsimile signature of the supervisor or
other town officer whose signature is required, as reproduced by a
machine or device commonly known as a checksigner. By resolution duly
adopted, the town board may determine to enter into a contract to
provide for the deposit of the periodic payroll of the town in a bank or
trust company for disbursal by it in accordance with provisions of
section ninety-six-b of the banking law.
4. Shall keep an accurate and complete account of the receipt and
disbursement of all moneys which shall come into his hands by virtue of
his office, in books of account in the form prescribed by the state
department of audit and control for all expenditures under the highway
law and in books of account provided by the town for all other
expenditures. Such books of account shall be public records, open and
available for inspection at all reasonable hours of the day, and, upon
the expiration of his term, shall be filed in the office of the town
clerk.
7. Shall pay fixed salaries, the principal of or interest on
indebtedness, amounts becoming due upon lawful contracts for periods
exceeding one year, and compensation for services of officers or
employees regularly engaged by the town at agreed wages by the hour,
day, week, month or year without prior audit.
8. Shall prosecute, in the name of the town, for all penalties given
by law to such town for its use and for all moneys or property due the
town.
9. Shall cause a survey to be made of the bounds of his town, whenever
required by the state department of transportation, and transmit a map
and description thereof to such department within sixty days thereafter.
The expense of such survey and map shall be defrayed by the several
towns whose bounds either wholly, or in part, shall be described
thereby; such expense to be apportioned by the board of supervisors of
the county.
10. Shall prepare and file with the town clerk within thirty days
after the expiration of each fiscal year, an annual financial report
accounting for all moneys received and disbursed by him, together with
the certificate, or certificates, of the bank or trust company where
town moneys are deposited, showing the amount of such moneys on deposit
with said bank or trust company, and cause a certified copy of such
report to be published in the official newspaper, and in such other
newspapers, if any, as the town board may require. In addition thereto,
if and whenever required, such supervisor shall submit to the other
members of the town board at the time of filing such report all
vouchers, cancelled checks or check images as authorized by section
ninety-nine-b of the general municipal law, check stubs, ledgers, cash books, journals, and financial and accounting records of every sort required to substantiate the accuracy and completeness of such report. 10-a. In lieu of preparing the report required by subdivision ten of this section, the town board may determine, by resolution, that the supervisor shall submit to the town clerk, within the time period prescribed in section thirty of the general municipal law, a copy of the report to the state comptroller required by section thirty of the general municipal law, providing, however, that if the time for the filing of the annual report has been extended by the state comptroller as provided in the said statute, then the time for submitting a copy of the report to the town clerk similarly shall be extended. The town clerk shall cause either a summary of such report to be published within ten days after receipt thereof in a form approved by the state comptroller or a notice that a copy of such report is on file in the town clerk's office and is available for public inspection and copying, in the official newspaper and in such other newspapers as the town board may direct. 11. Shall lease, sell and convey in the name of the town, property owned by it, whenever and in the manner authorized by the provisions of this chapter or any other general or special law and shall execute and deliver, in the name of the town, grants of easements or other rights in lands or other property owned by the town, whenever so directed by the town board. 12. In towns other than those mentioned in section 9-1107 of the environmental conservation law, and other than those included in a forest fire district as defined in subdivision two of section 9-1109 of the environmental conservation law, shall be superintendent of fires of his town and charged with the duty of preventing and extinguishing forest fires. In such capacity, he shall also be charged with the duty of preventing and extinguishing muck fires. He shall have the power to employ persons to act as forest rangers and fire wardens in preventing and fighting forest and muck fires and to employ necessary assistants therefor, and shall possess, for both such purposes, all the power and authority conferred upon the department of environmental conservation, district forest ranger, forest ranger and fire warden under subdivisions one, two, three, four, five and twelve of section 9-1103, subdivision two of section 9-1111 and section 71-0705 of the environmental conservation law with respect to forest fires and forest fire protection. Any person summoned to fight forest or muck fires who is physically able and refuses to assist, shall be liable to a penalty of twenty dollars. The town board of each town shall designate one of its members to act as such superintendent of fires for the ensuing year in case of absence of the supervisor. The town board shall fix the compensation of all forest rangers, fire wardens, and assistants employed under the provisions of this section, and all expenses incurred under the provisions of this section shall be a charge upon and paid by the town. 13. Shall notify the state department of transportation, in writing, regarding the construction, reconstruction or repair by any person or corporation, or political subdivision of the state within his town, of any dam or other structure for impounding water, and of any dock, pier or wharf, or other structure used as a landing place. This notice shall be given within ten days after the commencement of such work. This subdivision shall not apply to a dam where the area draining into the pond formed thereby does not exceed one square mile, unless the dam is more than ten feet in height above the natural bed of the stream at any
point or unless the quantity of water which the dam impounds exceeds one million gallons. 14. Shall attend the annual meeting of the board of supervisors of the county, and every regular, adjourned or special meeting thereof of which he shall receive notice. 15. In towns of the first class, may designate a bookkeeper or confidential secretary, or both. In towns of the second class, the town board may by resolution authorize the supervisor of the town to designate a bookkeeper or confidential secretary, or both. A person so designated by the supervisor, shall receive a reasonable compensation for his services, to be fixed by the town board and such compensation shall be a town charge. 16. Shall have and exercise any other power or duty expressly conferred or imposed upon him by law and such powers and duties of administration and supervision of town or special or improvement district functions as shall be provided by resolution of the town board, to be performed on behalf of such board.
Feel free to examine more NYS Laws in regards to towns:
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERY+&QUERYDATA=@SLTWN0A3+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=28715779+&TARGET=VIEW