The Town of Colonie became the last remaining municipality to pay its debt to Albany County for 2006 election costs last week, but, along with three other municipalities, the payment was not made without question.
According to Kerri Battle, spokeswoman for Albany County Executive Michael Breslin, the county had been waiting for payment for 2006 elections from Colonie, Bethlehem, Guilderland and Rennselaerville, and had to send out a notice requiring the municipalities to pay immediately.
One of the reasons the municipalities were among the last to pay the county was that they were not sure the amount they were being charged was the amount they should have to pay, said Bethlehem Supervisor John Cunningham.
Cunningham said the actual cost of operating the 2006 election in Bethlehem was $55,260, but the town was being asked to pay $79,425.41 to the county. This was because the county divided the 2006 election costs among all of the municipalities in the county based on tax assessment.
In the Town of Guilderland, Supervisor Ken Runion estimated the town typically spends about $50,000 on elections and was charged $85,057.46 to the county for 2006.
While the exact figure for Colonie was unavailable for 2006, Director of Town Operations Peter Gannon said the town typically spends about $110,000 on elections. Colonie was charged $214,532.97 for the 2006 elections.
Changes made to bring the state into compliance with the 2002 federally mandated Help America Vote Act, or HAVA, led to the county taking over the local election process. Prior to HAVA, municipalities were required to fund all elements of elections on their own in their annual budget. After HAVA, the counties were asked to take on some of the responsibilities of the elections and charge the municipalities for the service.
Two of the biggest responsibilities that are charged back to the town by the county, according to Cunningham, include the rented space in which the elections are held and the payment of the county clerks who work the election polls.
But Cunningham said he does not see why the county should be able to charge the town for using space when the Town of Bethlehem does not charge the county for using municipal buildings for some elections.
The county frequently complains about the state’s unfunded mandates, and this is exactly what they’re doing to the towns, said Cunningham. `I have to turn around, in theory, and raise taxes to pay the county.`
And doubling town residents’ taxes to cover election costs is something the supervisors of all four municipalities said they are not ready to do. Instead, they paid the county, with the language `pay with protest` incorporated in their resolutions.
According to Guilderland Supervisor Ken Runion, to `pay with protest` means the town completes the payment, however, should any kind of legal action come against the county for the overcharging of municipalities, the municipality would potentially be able to recover the funds.
Battle said she did not have a specific response when asked about the pay with protest.
`As far as we’re concerned, when we get the money, the bill is paid,` Battle said. `Essentially the pay with protest is something that would have to be defined by the [municipalities].`
Runion said the Town of Guilderland did not plan to pursue legal action.
`I think that would be counter-productive because we would be spending taxpayer money [on legal action], and I think that the best thing is to kind of lobby with our county legislators,` he said.
Supervisors in Bethlehem, Colonie or Rennselaerville said they also will not pursue legal action.
As opposed to the other supervisors, Rennselaerville Supervisor Jost Nickelsberg did not say that he believes the county necessarily overcharged Rennselaerville, but he does not know whether or not they did, and until he knows, he wanted to pay with protest. `We just want to be accurate,` he said. `I just don’t know, and until I know, I’m not satisfied.`
Nickelsberg said Rennselaerville is in the process of completing an annual audit that is mandated by the county, and with its conclusion should determine whether Rennselaerville was charged an appropriate amount.
Cunningham said he hopes at some point all the municipalities that were forced to pay more than what they used will be able to get their money back.
`At some point, I hope to be able to recover the money,` he said. `I object to paying it, and I just want to keep re-emphasizing to the town. I’m doing this but I don’t agree with it.“
