~ COUNTY OF SUFFOLK OFFICE OF THE COUNTY EXECUTIVE Steven Bellone SUFFOLK COUNTY EXECUTIVE, October 30, 2017 Hon. Thomas P. DiNapoli New York State Comptroller Office of the State Comptroller 10 State Street Albany, New York, 12236 Dear Honorabie Sir: We recently became aware that bonuses were paid to certain employees of the District Attomey’s office. It is my understanding that there were no available appropriations for these bonuses and that the bonuses resulted in salaries being paid to employees that were greater than the salaries authorized by the legislature. In essence, these bonus payments were not authorized by the county legislature pursuant to any legal process or authority that I am aware of. As you know, state and local law requires that there be appropriations for an item before municipal spending can take place. As per the County Attorney’s office, under County Law §362, there can be no expenditure of money “.,.unless an amount has been appropriated and is available.” Additionally, pursuant to section 888-4 of the County Code, the County has a salary plan that sets the salary for each title in the classification plan, which consists of minimum rates and intermediate steps, Salary grades are established by the Legislature pursuant to section $88-4(B). Pursuant to section 888- 4(G), no salary, wage or other compensation may be paid unless the County Personnel Officer certifies that the salary rates are those authorized by the Salary Plan. Further section 888-4(1) states that exempt employees annual step shail be determined by the County Executive and the Presiding Officer. ‘There is no authority in section 888-4 for bonuses to be paid to county employees. was also surprised to lear that asset forfeiture funds were used as the source of bonus payments. State law is fairly clear that those funds are to be used to pay expenses on a priority basis. Salary is allowed as a possible item of payment, but it is to reimburse the County for actual expenses incurred. The law states specifically that a proportionate share of seized money can be used “in satisfaction of actual costs and expenses” incurred in litigation and protecting and maintaining forfeited property. ‘That means recovery is for salary expenses, not for the seizing agency's personal benefit. Spending forfeited money for bonuses does not appear to be a permitted expenditure. If federal forfeiture funds have been used, payments for salaries are disallowed with few exceptions, United States Departments of Justice and Treasury guidance documents state that payments for salaries (not bonuses) can be made for law enforcement officers, but only in very limited circumstances and for LEE DENNISOM BLDG w 109 VETERANS MEMORIAL MIVY m P.0, HOX 6100 # MAUPPALIGE, 11789-0089 (621 882-4000very limited durations of time. I am not aware of a permitted bonus payment under the federal guidelines. Ihave asked the County Comptroller, by letter dated October 20, 2017, to explain what authority existed for his office to make bonus payments to District Attorney employees without legislative approval, however, as of the writing of this leter, I have not received a response. Tam respectfully requesting that your office review and, if necessary, investigate the circumslances involving the payment and reimbursement and the legality of same. I thank you in advance for your assistance and cooperation. Sincerely, 6. Slt Steven Bellone County Executive