A week after Accounts Commissioner John Franck requested State Comptroller Alan Q. Hevesi investigate the purchasing practices conducted for a controversial Charter Review Commission mailing, Mayor Valerie Keehn has asked the comptroller to look at the city’s purchasing practices as a whole.
Keehn said the taxpayers of Saratoga Springs were not being well served in recent months by a few instances in which competitive bidding was not conducted. She gave two examples: the $36,000 extension of a water line on Route 29 that did not go out to bid because a contractor was already on site, and the construction of a fire-control system in the city-owned Church Street parking lot that was passed without bids because it was an emergency.
Keehn voted for the projects in both cases.
I voted ahead with them although I did raise some concerns, she said.
`Whatever that sprinkler system has to do with this mailing, I have no idea,` said Franck after the mayor’s Tuesday, Dec. 5, press conference.
The mailing, which was sent out by the Charter Review Commission, was meant to inform residents about various elements of the city’s proposed charter amendments. Franck and other commissioners and residents state laws governing financial disclosure.`
About 10,000 fliers were sent out to all registered voter households in Saratoga Springs, most of them reaching residents the day before Election Day. Franck estimated that between 1,500 and 2,000 guides have been returned to City Hall.
The timing, content and the purchase of the mailer without City Council approval make the voter guide suspect, said Franck.
`All purchases of more than $1,499 require a requisition be completed by the purchaser and forwarded to the purchasing department for the issuance of a purchase order,` Franck said in his letter to Hevesi. `To date this process has not been followed.`
The city’s procurement policy states, `The purchasing agent shall make all purchases made for public use. The city will not be liable for any purchase made otherwise.`
Franck said that is what is at the heart of his inquiry.
`Even if it didn’t advocate charter reform, I’d still ask for an informal decision,` said Franck, noting an informal decision from the comptroller’s office carries a lot of weight with municipalities. `Even if it advocated the other side of the issue, I’d still be asking for this because the purchasing policy was not followed.`
Commission chairwoman Beth Hershenhart said she personally paid for the mailing’s postage cost, estimated at over $5,000. She said the mailing wouldn’t have reached voters in time if the commission waited for City Hall to approve the cost. She has not been reimbursed and Franck has been adamant in denying the approval of the payment.
Keehn said she disagrees with Franck’s assertion that the mailer is propaganda. `This was an educational piece,` she said. `They (the Charter Review Commission) were under the gun as far as getting the printing done.`
But Franck noted that detractors of the commission’s efforts have long said that the review commission’s job was rushed in order to put a referendum on the Nov. 7 ballot.
`You can’t have it both ways,` he said. `It was either a rush job or it wasn’t a rush job.`
Some residents, as well as Keehn herself, have questioned Franck’s efforts regarding the mailer inquiry, saying they are perhaps too zealous for what the situation calls for.
`I think less time should be spent talking to generals and more time should be spent on our assessments,` said resident John Krauss.
`In this town, there is one thing you don’t want to be known for, and that is beating a dead horse,` said Krauss to Franck at the council meeting.
Dave Bronner, who has been a vocal proponent for charter reform, said the inquiry, which has gotten the attention of not only the comptroller, but also the U.S. Postal Service and the FBI, is a bit much.
`I’m expecting Elliot Ness to walk in here any second now,` he said.
Keehn was more blunt: `I don’t know what Franck is thinking. I guess he’s doing what he feels he needs to do.`
Keehn said another commission could be formed as early as the beginning of the year.
Franck said he doubts another commission would be successful, because taxpayers have what he calls `charter fatigue.`
Commissioner of Public Works Thomas McTygue said he felt the same way. `This was defeated 2-to-1,` McTygue said at the Dec. 5 City Council meeting. `People are tired of it, and it won’t pass if you bring it up again.`
Meanwhile, Franck has not yet received the invoice for the printing of the guide, and said he doubts he will. He said what he has received, however, is a letter from Charter Review Commission attorney Amanda Hiller threatening a lawsuit if the bill is not paid. In the letter, Hiller decries Franck for not notifying the commission of his intention to investigate the voter guide.
Franck said the commission ceased to exist the day of the election, and noted he stated on record at the Nov. 7 City Council meeting what his actions concerning the mailer would be.
Hiller could not be reached before press time.“