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Corruption in NYS Tax & Finance |
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New York State News
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Written by Gov. Paterson's Office
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Wednesday, 25 March 2009 06:06 |
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GOVERNOR PATERSON ANNOUNCES COMPREHENSIVE RESPONSE TO
IG REPORT ON THE MANIPULATION OF THE CIVIL SERVICE SYSTEM
Actions Include Legislation to Expand
Sanctions for Manipulation of Hiring Process and Creation of Task Force
to Conduct Comprehensive Review and Propose Reforms
Governor Paterson Directs Department of
Taxation and Finance and Department of Civil Service to Take All
Appropriate Action Regarding These Personnel
Governor David A. Paterson announced a
comprehensive State response to address serious violations of the
public trust in the civil service system that were outlined in a report
released today by Inspector General (IG) Joseph Fisch. The report
detailed how the civil service testing process was abused and
manipulated in regard to attorney positions at the Department of
Taxation and Finance (DTF) during the years 2005 and 2006. The report
also detailed how former DTF Commissioner Barbara Billet secured a
post-retirement position with the Department through which she was able
to “telecommute” from South Carolina in violation of DTF policy. This
was concealed via use of an email alias.
“The principle that public employees
should be hired and promoted by merit and fitness is at the bedrock of
our civil service system. I am committed to bringing change and reform
to government to ensure that this kind of conduct does not occur on my
watch, and that any structural problems described by the IG are
eliminated. These reforms are imperative if we are to make government
more accountable to the taxpayers,” said Governor Paterson. “My
administration will undertake a multi-pronged approach to ensure full
adherence to merit and fitness criteria, and to make sure that the
Civil Service system continues to function as an effective means of
selecting the very best workforce for the State of New York.”
This approach will include the following components:
Legislative Action to provide for greater sanctions against misconduct
– Governor Paterson will introduce legislation this week that
specifically prohibits certain conduct under the Civil Service Law. In
particular, the Governor will expand the list of misconduct which can
subject an individual to misdemeanor sanctions to include manipulations
detailed in the IG’s report. These steps will deter misconduct, and
give new tools to the Department of Civil Service so that it has the
necessary authority to enforce such mandates.
Personnel Actions
– The IG report contains evidence of misconduct by a number of
individuals, some of whom remain in State employment. Governor Paterson
has directed DTF and the Department of Civil Service (DCS) to take all
appropriate actions regarding these personnel, giving due regard to the
gravity of the offenses alleged, including disciplinary actions and
termination where warranted, subject to the full due process rights of
the affected employees.
Creation of Task Force
– The IG’s findings raise numerous policy and factual questions, which
must still be addressed. Governor Paterson will appoint a task force to
look at such broader questions,
and to propose any changes in the current testing procedures and
policies that may be warranted. Specific questions that will be
addressed by the task force include:
- Did similar practices take place at other agencies?
- Were the tests or controls in place susceptible to the actions described in the report?
- Are there alternative policies
that could be put into place that would prevent a recurrence, or that
otherwise would be preferable to current methods for testing merit and
fitness?
Additionally, the task force will look
specifically at the testing for attorney titles and other related areas
depending on the findings of its review. Views of interested parties,
including State agencies, unions, professional associations, the
legislature and local governments, will also be solicited. The task
force will issue a public report, with findings and recommendations, in
six months.
Administrative Steps to Protect the Integrity of the Testing Process
– Governor Paterson has directed the DCS to require that the creator of
a test present a certification stating that it was compiled solely with
the needs of the agency in mind. The certification will also be
required to show that the test was created without access to
information on how any known candidate or candidates might perform on
the test before an agency submits the qualifications for a position.
Evidence that the certification was false will lead to sanction.
The tests discussed in the IG’s report
were “Education and Experience” (E&E) tests that sought to match
the list of abilities required to perform a position provided by an
employer with the prior education and experience of a candidate for the
position. According to the IG’s report, DTF employees crafted the
requirements of a position to ensure that particular candidates could
be hired, rather than looking to the precise needs of the agency. Such
actions undermine the integrity of the selection process, and prevent
all New Yorkers from competing for positions on the same terms.
Review of Telecommuting Policies
– Governor Paterson is directing each gubernatorial agency to develop a
policy on telecommuting for employees not covered by collective
bargaining agreements, or to review its existing policies to the extent
they already exist. Such policy should set clear standards, address the
issue of verification of work, insure that employees are treated
comparably, and be consistent with the agency’s operational needs.
The IG report discloses that an
arrangement by which former DTF Commissioner Barbara Billet
telecommuted to her work from South Carolina, while concealing that
fact by using an email alias. She was granted this arrangement in
contravention to agency policy, while other employees were refused such
an option. These facts raise basic questions of fairness; agencies
should not be applying different sets of standards to different
individuals. Allowing an employee to telecommute may, or may not, be in
the operational interests of an agency in particular cases. An agency
should not, however, allow one highly placed employee to undertake this
practice, while barring others who are similarly situated from doing
so.
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