Councilmen call for pension waiver probe

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Laffey, who as a retired New York City Police chief collects a pension from the Public Employees Retirement Fund, is forbidden by state law from earning more than $27,500 per year in a government job while collecting his pension. If he chooses to work, he sacrifices 75 percent of that pension. His city manager salary is $137,000 per year.
State pension law allows a waiver of this restriction if the pensioner wins his position after a thorough search process and if the employer can demonstrate that the pensioner is the only available qualified candidate for the job.
But Republican City Councilmen Jim Hennessy and Tom Sofield Jr. claim that Laffey was hired without any search, that the minutes of the Jan. 3 council meeting substantiate that, and that a classified ad that was placed in The New York Times on Jan. 22 was an attempt to create a bogus paper trail that would give the appearance that a search had taken place.
In an interview with the Herald on Feb. 1, Laffey conceded that the ad was placed for the benefit of the state's Civil Service Commission. But given the size of the issue the Republicans are making of the matter, Laffey and City Council President Leonard Remo adapted a new policy on Tuesday night of not taking the bait.
Just before the close of business Tuesday, Hennessy asked Remo about how the Times ad came to be. Remo responded that it was a personnel matter and that he would be delighted to discuss it with Hennessy in a closed executive session.
"I'm only asking about the ad," Hennessy said. "Not the position."
Remo responded, "The ad was placed by the city's purchasing officer." When pressed, he added that Laffey had given her the authorization.
"Isn't that a conflict?" Hennessy asked.
"That's a personnel matter and I'll be happy to answer it in executive session."
This continued for the next 15 of Hennessy's questions, while Remo patiently responded with his boilerplate answer and Laffey stared ahead stonily.
Hennessy then said he would forward his questions in writing to Remo, and ask that they be answered in writing so Hennessy could forward them to the Civil Service Commission for the purpose of an investigation.
At that point, Remo had heard enough. "We would like to move this government forward," he said. "You have been nothing but an obstructionist. What assurance do I have from you that the answers will not be released to the public? Or the press?"
"You have my word," Hennessy said.
"Then in that case I will provide any answers sought by the Civil Service Commission," Remo said.
He then turned to Sofield and asked, "You want a turn at bat?"
Sofield pressed on with similar questions, getting similar responses, before stating, "I have a concern that we have violated civil service law by hiring a person who is retired. I think the law is clear that the waiver should not have been granted. That leads to the suspicion that he was hired improperly, and this ad was intended to provide this person with a double-dip. The ad is intended to prove his qualifications. It's completely backwards."
Council Notes ... Business of the city was also attended to on Tuesday night.
After months of lobbying by the city's taxi companies, the council voted to proceed with a public hearing on a proposed ordinance raising taxi rates. Upon passage of the law, a single-zone or two-zone trip will be $4.50, three zones will be $5 and a ride the length of the city will be $5.50. Senior citizen and student rates will be lower.
The council tabled a resolution to add a 50-cent surcharge to each ride to help the drivers cover the cost of gasoline. The resolution, which will be reintroduced in two weeks, will have an assurance built in to make sure the money goes to the driver, not the cab company.
The council also approved the purchase of new bunker coats and helmets for the fire department, for $50,110, and new exhaust systems for each of the firehouses, at a cost of $148,250. For the exhaust systems, the actual cost to the city is about $14,825, and the balance will be covered by a firefighter safety grant the department won last year through the efforts of Lt. Christopher Troy and firefighter Bill Piazza. The money came from the federal Department of Homeland Security.
And while city officials insisted that nobody is to blame, the council approved the transfer of $80,616 from the rent collected by Waldbaum's in Long Beach Plaza to a line that was supposed to be used to pay the city's planning consultants, Saccardi & Schiff. The firm, which is working with the city on the development of its master plan, has apparently not been paid since last summer, even though its representatives have been visibly active in the master plan drafting process.
According to Laffey, sometime last summer, a worker in the city's comptroller's office forgot to make the transfer, then apparently forgot that she forgot. The money is not believed to be missing, it has just not been entered into the right line.
"Why did it take until now to find out?" asked Councilwoman Denise Tangney. "I'm just embarrassed that we have not paid Saccardi & Schiff."
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