District Attorney Lawrence Friedman told the County Legislature's Public Safety Committee this afternoon that he isn't too concerned about his assistants serving local towns as stand-in prosecutors.

Legislature Ray Cianfrini, District 1, raised questions about the practice during Friedman's regular  report to the committee, but Friedman said the practice doesn't interfere with either of the two assistant DAs (of the four) who take on extra cases in the towns.

"It's the same question if an assistant D.A. wanted to go out and sell fire wood in his off hours, I wouldn't have a problem and I don't see a conflict," Friedman said.

Friedman stressed that the work the staff members are required to get done is getting done, and because of the nature of the job, they often work odd hours (such as helping law enforcement with cases late at night), that even if they respond to a town case in the middle of the day, the county's work is still getting done within the required weekly hours.

Because freshly minted attorneys can earn quite a bit of money as "assigned council" (defense attorneys), Friedman said he doesn't begrudge his attorneys making extra cash as town prosecutors.

After the meeting Cianfrini said he was satisfied with Friedman's answers, but he is still concerned about public employees moonlighting because of the pension issue -- he wants to make sure that the extra work doesn't obscure whether the public employee is putting in a full work day from a benefits standpoint.

Towns often require paid prosecutors because State Police officers are not allowed, unlike Sheriff's deputies, to prosecute their own cases. When people are cited for speeding, or other traffic infractions -- but not misdemeanors or felonies -- the deputy or officer who issued the ticket acts as prosecutor.

But when State Police issue a ticket and then don't show up in town court, because they are prohibited from acting as prosecutor, cases are often dismissed, costing the towns revenue, according to Bethany officials I spoke with last week.  Bethany is looking at hiring a part-time prosecutor, which many towns along the Thruway did some time ago, because of the revenue potentially lost when traffic tickets are not enforced.

Friedman said the practice of the assistant D.A.s to handle these infractions is raising no time or conflict-of-interest issues for his office.

In other Public Safety Committee News:

• Deputy Chief Jerome Brewster said the Sheriff's Office requested a $50,000 grant for video equipment to record interviews the criminal suspects, but received only $15,000.  The department is reviewing its options now.
• The Sheriff's office will use $2,000 in available grant money to purchase equipment to assist in domestic violence investigations. The equipment: Compact Digital Video cameras. (These little suckers are great I-witness journalism tools -- I wonder if the Sheriff will let me train his deputies to be I-witness journalists -- when they're not investigating actual cases, of course).
• Genesee Justice will be able to lease electronic monitoring devices for five months to test whether the equipment can help adequately with home confinement cases. Cost: $5,800.
• Approved extension of a contract American Rock Salt for purchase of sodium chloride. Highways Director Tim Hens said many local agencies have been signing new contracts recently at $50 and $60 per ton. ARS has agreed to much more modest price increase, from $38.98 per ton to $39.76.

PRESENT: Chair Grasso, Legislators Zambito, Cianfrini, and DeJaneiro. County Manager Gsell. Also Present: Legislators Hancock and Leadley, Sheriff Deputy Vllack, Planning Director Duval, Sheriff Maha, Highway Superintendent Hens, Daily News Reporter  Mruzek, and Legislature Clerk Pratt.

Chair Grasso called the meeting to order at 4:30 PM in the Legislature Conference Room.  The minutes of the previous meeting were approved upon motion of Legislator Zambito seconded by Legislator Cianfrini.

Sheriff Maha requested approval of an award of bid for professional assistance with regard to exploring opportunities for new Federal Financial Participation, reviewing prospects for expansion of existing participation and securing additional participation as appropriate for Genesee County.  One bid was received with our current provider, Justice Benefits, Inc. Payment will be in the form of 15% or revenue received.  Last year, approximately $15,000 was received as a result of their efforts.  This was approved for placement on the next Legislature Agenda upon motion of Legislator Cianfrini seconded by Legislator DeJaneiro.

The Sheriff requested approval of a budget amendment in the amount of $5440 to be used for payment of services provided by Bergmann Associates as authorized in October of 2008 from E911 Money from Deferred.  This was referred to Ways & Means with a recommendation for placement on the next Legislature Agenda upon motion of Legislator Zambito seconded by Legislator DeJaneiro.

The Sheriff requested approval of a budget amendment in relation to a Homeland Security Grant which has $3067 of remaining funds that can be used in 2009. This was referred to Ways & Means with a recommendation for placement on the next Legislature Agenda upon motion of Legislator Zambito seconded by Legislator Cianfrini.  It is understood these funds will be used towards a new emergency response vehicle.

Chair Grasso asked the Sheriff for confirmation that paperwork has been received on new Byrne Grant funding.  The Sheriff stated it was.

Planning Director Duval recommended that a Public Hearing be set to consider inclusion of new parcels into existing Ag Districts as requested during the annual 30 day enrollment period.  One such request was received from the Town of Bergen. The hearing is proposed for April 8, 2009 at 7PM in the Old Courthouse.  This was approved for placement on the next Legislature Agenda upon motion of Legislator Zambito seconded by Legislator DeJaneiro.

Highway Superintendent Hens recommended three reappointments to the Airport Advisory Board through December 2011.  The members include John Sackett of Byron, Thomas Geles of Darien and Kenneth Alfes of Darien.  This was referred to Ways & Means with a recommendation for placement on the next Legislature Agenda upon motion of Legislator Zambito seconded by Legislator DeJaneiro.  Chair Grasso commented these were all excellent choices for the Board.

Highway Superintendent reviewed projects submitted for the Economic Recovery Program and announced that two in the Town of Batavia have been accepted as eligible. The two projects amount to $860,000 and will receive 100% reimbursement which is generally received within 2-3 weeks. The Projects will extend the life of the roads 10-15 years and the work as required, will be contracted out.  The resolution accepting this funding, establishing Capital Projects, amending budget, etc. was referred to Ways & Means with a recommendation for placement on the next Legislature Agenda upon motion of Legislator Zambito seconded by Legislator Cianfrini. The timeline is that the design and approval are needed by April, to be bid and awarded by June, completion by September.  Legislator Hancock noted there were three other projects she thought were under consideration and Mr. Hens stated that these will be administered by the State.
Concern was expressed about a possible shortage of asphalt as experienced last year.  Mr. Hens reported that bridges are not covered under the project because the design and approval process is too long to have an immediate effect on the economy.

Mr. Hens reported that Parks Supervisor Osborn has recommended that a 1999 zero turn mower be declared surplus and sold either at auction or under the sealed bid process.  This was referred to Ways & Means with a recommendation for placement on the next Legislature Agenda upon motion of Legislator Cianfrini seconded by Legislator Zambito.

Legislator Hancock reported that she became aware that the Thruway Gas Plaza in Pembroke was being closed today for renovations and it could remain closed for “several months.” This could have a big impact on Genesee County Sales Tax and she is anxious for everything possible to be done to try and redirect travelers to exit the thruway to make their gas purchases in Genesee County.  Closing this particular Plaza for gas sales means no gas from Angola to Scottsville which could be dangerous to travelers. It was the consensus of the Committee that Chair Grasso will speak to Senator Ranzenhofer to see what might be done to assist in this matter with the Thruway Authority.

The next meeting will be April 13th.

The meeting was adjourned at 5:05 PM upon motion of Legislator Cianfrini seconded by Legislator Zambito.


________________________
Jerome Grasso, Chair
Public Service Committee

Submitted 03/17 cpp