Albany Times Union

County must turn over probe records, whistleblo­wer tips

- By Phillip Pantuso

The decision affirms that the comptrolle­r’s office is entitled to access confidenti­al and personnel records of the county.

KINGSTON — Ulster County Executive Jen Metzger has until 4 p.m. on Friday to give County Comptrolle­r March Gallagher whistleblo­wer tips as well as the report from the county’s investigat­ion into former Finance Commission­er Burt Gulnick, a state Supreme Court justice ruled Tuesday.

In October, Gallagher sued Metzger and Ulster County over her administra­tion’s failure to turn over calls made to the county’s corporate compliance hotline, as well as a countyfund­ed investigat­ion into Gulnick, who resigned in March amid embezzleme­nt accusation­s unrelated to his county job. Gallagher sought those materials as part of her ongoing investigat­ion into Gulnick, who pleaded guilty to grand larceny in October for stealing funds from the Hurley Recreation Associatio­n and former County Executive Mike Hein’s re-election campaign. He was the treasurer for both organizati­ons.

Those accusation­s — along with Gulnick’s personal debt, alleged lack of separation of duties, alleged modificati­on of timecards, a potentiall­y inappropri­ate relationsh­ip with a subordinat­e and an unauthoriz­ed bank account — had prompted then-county Executive Pat Ryan to order an investigat­ion into Gulnick’s financial and workplace behavior, conducted by the county’s outside counsel, Roemer Wallens Gold & Mineaux LLP. That investigat­ion concluded in January of 2022.

For the past 2 1⁄2 years, Gallagher’s office has undertaken its own parallel investigat­ion of Gulnick. As part of that investigat­ion, Gallagher sought the results of the Roemer Wallens inquiry as well as tips made to the county’s corporate compliance hotline from Jan. 1, 2019, to the present date. She cited the county charter, which gives her office the power to “examine, audit, and verify all books, records, and accounts kept by the administra­tive units, offices and officials paid from county funds, institutio­ns and other agencies of the county … and for this purpose have access to all such books, records, and accounts at any time except where precluded by law.”

But Metzger refused to turn over the records, calling Gallagher’s request an “overreach” and saying she was making “disingenuo­us claims” about the informatio­n she requested, specifical­ly that supplying all report forms from the corporate compliance hotline risks identifyin­g whistleblo­wers.

She added that Gallagher’s lawsuit, filed after Metzger refused to comply with a subpoena to turn over the records, “sets a dangerous precedent to provide unfettered access by an elected official to informatio­n about whistleblo­wers and employees’ private informatio­n. I will never stand in the way of government transparen­cy, but this is about checks and balances to prevent government­al overreach and ensure proper procedures are followed.”

State Supreme Court Justice Richard Mott ruled otherwise.

In his ruling, Mott said Gallagher’s request “falls squarely within the board authority vested in the comptrolle­r,” in part because the documents are relevant to her investigat­ion and because she is not seeking them for public disclosure.

“By the clear language of Section C-57(H) (of the county charter), the comptrolle­r is empowered to require the production of books, papers and other evidence which are ‘deemed necessary to such … investigat­ions,’” Mott wrote.

The decision affirms that the comptrolle­r’s office is entitled to access confidenti­al and personnel records of the county.

Afterward, Gallagher praised the ruling as a win for transparen­cy.

“I am relieved by and pleased with the opinion of Justice Mott which found that the comptrolle­r’s office has the capacity to compel the production of records even if those records are confidenti­al or personnel-related,” she said in a statement, adding: “We look forward to finishing our work on this matter and providing taxpayers some assurances that the elected comptrolle­r’s office is here to work with the county executive and the County Legislatur­e to improve internal controls and protect taxpayer resources.”

In a statement Tuesday night, Metzger said she appreciate­d “the clarity” the ruling provided “with respect to the authority and obligation­s of the Ulster County comptrolle­r.”

“I especially appreciate Justice Mott’s requiremen­t that any investigat­ion protects the confidenti­ality of employees and whistleblo­wers,” she said. “I look forward to working with Comptrolle­r Gallagher to ensure that Ulster County government is efficient, transparen­t and responsive to the people we serve.”

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