County refuses to pay Auerbach consultant
Ulster County Finance Commissioner Burt Gulnick has denied a request by county Comptroller Elliott Auerbach to pay an Albany consultant Auerbach hired as part of his lawsuit against the county.
In a March 29 email to Auerbach, Gulnick said the county wouldn’t pay the firm, Policy Innovation Inc., the $3,400 requested by Auerbach because a state Supreme Court justice ruled the comptroller was not entitled to any court costs or fees associated with his lawsuit.
Auerbach filed a lawsuit against the county
executive and county Legislature challenging budget cuts to his office. As part of the suit, Auerbach asked that the county pay all costs associated with the case.
State Supreme Court Justice Richard Mott dismissed the suit last month and denied Auerbach’s request for payment.
“Notwithstanding, and without impugning the good faith of the comptroller, the court declines to award fees or costs herein because there is insufficient evidence of a public interest benefit beyond the budget debate which has already occurred in the appropriate form,” Mott wrote in his March 27 ruling.
Still, Auerbach submitted an invoice from the consulting firm for payment.
Deputy Comptroller Evan Gallo said Thursday that Auerbach’s office is “standing by the position that the invoice was a professional public service that should be paid from our budget.”
Gallo said it was necessary to hire the consultant to refute an unfavorable report about the Comptroller’s Office from the county’s Accountability, Compliance and Efficiency unit and to determine whether a fiscal review by the independent budget analyst violated the law. The findings, Gallo said, were provided to the court in the form of an affidavit.
According to its invoice, Policy Innovation Inc. worked 17 hours for the comptroller, providing a “one-time professional consult re: Comptroller’s lawsuit.”
Gallo said if the county won’t pay the invoice, the company won’t be paid for its work.
Ulster County Legislature Chairman Ken Ronk agreed with Gulnick’s decision to deny the claim, saying, “The taxpayers shouldn’t have to pay for frivolous lawsuits against the county taxpayer.”
“The county taxpayer didn’t receive the service, Elliott Auerbach received the service in furtherance of his personal agenda,” said Ronk, R-Wallkill. “Maybe he should walk up and down Fair Street [where the County Office Building is located in Kingston] taking up a collection.”