Court backs county audit of town park

Richard Tedesco

The appellate division of New York State Supreme Court last week denied an appeal from the Town of North Hempstead seeking to prevent the county comptroller’s office from conducting an audit of the Clinton G. Martin Park District in New Hyde Park.

In its ruling, the appellate court said the state Legislature has granted county comptrollers the authority to audit any town or special district with the relevant county.

“The courts have spoken and affirmed the authority of the comptroller to audit this park district,” Nassau County Comptroller George Maragos said. “It is time for the town to put an end to this unnecessary litigation and allow the comptroller’s office to perform its lawful duties on behalf of the taxpayers. In the interests of governmental transparency, there is no reason for the Town of North Hempstead to continue to conceal its records from the public’s right to know how their hard-earned tax dollars are being spent.”

The county had sought the audit after questions were raised by Lakeville Estates Civic Association President Marianna Wohlgemuth about town payments to the park district. Wohlgemuth said the town was not current with annual lease payments of $15,000 to the park district for a building the town uses in Clinton G. Martin Park, a special park district located at Marcus Avenue and New Hyde Park Road in north New Hyde Park.

The town had initially filed a lawsuit against the county comptroller’s office in state Supreme Court, which denied the town’s attempt to stop the audit last June, affirming the county comptroller’s office right to conduct the audit. 

The town argued that the comptroller’s office lacked the jurisdiction to conduct an audit of a park district because the Nassau County Charter was unconstitutional in authorizing a county audit of town property.

Town officials said last week they were undecided on whether it would appeal the latest court ruling to the New York State Court of Appeals.

“We’re exploring our options. We will review the decision and proceed accordingly,” said Collin Nash, a spokesman for the Town of North Hempstead. 

Town of North Hempstead Supervisor Jon Kaiman, a Democrat, had offered to share the park district’s financial records with the comptroller’s office. But he resisted the audit, alleging the Republican county comptroller has a political agenda in making what he called a “back-door” move to audit the town’s finances.

Wohlgemuth said she was pleased with the appellate division’s decision.

“At least we’re on the right road,” she said. “The people have spoken.”

Wohlgemuth said she thinks the park district is currently paying for electricity, supplies and security guards – costs she should be split with the town.

“There’s no clear separation between the town’s responsibility for that building and the park district’s responsibility,” Wohlgemuth said.

Kaiman has conceded the town had been in arears on the payments. 

He said last year the town had rectified the shortfall with an in-kind payment of $80,000 in 2009 for the installation of platform tennis courts. He subsequently said that his statement had been in error and the town had charged the park district for the platform tennis courts. 

But, he said, the town had brought itself current on the lease payments with an in-kind payment to the park district of propane tanks installed for $65,593 in 2010. 

The town board voted to file the suit against the county comptroller’s office to block the audit last May.

“They say it’s not about politics. But it’s all about politics,” Kaiman said at the time, 

Kaiman said he was “satisfied that the financial records are reconciled” for the park district.

Kaiman has viewed as a prime candidate to challenge Republican Nassau County Executive Edward Mangano in November. It was announced last week he had formed an exploratory committee to explore, shortly before former Nassau County Executive Tom Suozzi announced his intention to run for the Democratic nomination. 

Maragos is up for re-election in November.

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