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Lesko: Protect whistle-blowers Brookhaven proposal subject of July 9 public hearing
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June 17, 2009 | 03:51 PM Brookhaven Supervisor Mark Lesko thinks town employees, aware of fiscal improprieties or even illegal acts by their superiors, may be unwilling to come forward for fear of retribution. In order to provide protection for those persons, Lesko has proposed a Whistle-blower Protection Act be added to town code.
During the special election campaign to seat a new supervisor, "Town employees were contacting me," but, Lesko said, "I got the sense they were apprehensive." He felt they were nervous about revealing inappropriate behavior on the part of their superiors or fellow workers.
"Because of my familiarity with the federal whistle-blower act," the former federal prosecutor said he knows fraud and abuse is often exposed by those with such protection. Lesko said his proposal is modeled after the Oakland, California, "well respected" program in which "dramatic cost reductions" resulted from the fraud and waste exposed by whistle-blowers there. His bill will be the subject of a public hearing at the Town Board meeting on July 9.
"I'd be surprised if any board members opposed it," Lesko said. "It's just good government." At least one council member agrees.
"Employees need to feel it's a safe place to work," said Councilwoman Jane Bonner (C-Rocky Point). She said initiatives such as Lesko's bring about "greater accountability" for the public. Bonner said the town's Audit Committee has been discussing and "tweaking" a whistle-blower measure "for over a year," but had not reached the point of putting forward a proposal.
Deputy Supervisor and Councilwoman Kathy Walsh (R-Centereach) said she would not comment on the supervisor's proposal until she had reviewed it. Councilman Steve Fiore-Rosenfeld (D-East Setauket) did not return calls for comment by press time.
Lesko's proposed addition to the town code would direct employees to submit any allegations or suspicions to their "appointing authority," usually their department head. If that person might be the subject of the tip or if the whistle-blower fears that person would jeopardize their position, tips would be sent to the town attorney. The attorney would then be required to "investigate all allegations of improper governmental action, gross mismanagement and gross waste of funds" and "recommend appropriate corrective action."
In the case of an allegation against the town attorney, the law would direct the whistle-blower to submit their claim directly to the town's Board of Ethics.
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