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Suffolk County Comptroller

The Suffolk County School Bus Safety Program has drawn criticism from Republicans within the county government. Stock photo

The Suffolk County School Bus Safety Program has drawn scrutiny from Republican county officials targeting the program for alleged mismanagement.

Enacted unanimously by the county Legislature in 2021, this traffic safety program uses cameras attached near the stop arm of school buses to enforce the New York Vehicle and Traffic Law. The county has partnered with Virginia-based BusPatrol to operate the program.

Under state law, offenders caught passing buses while the stop arm is extended receive a $250 fine. The county code states, “net proceeds of any penalty … shall be expended for programs related to improving traffic safety and/or school district safety in Suffolk County.”

County Comptroller John Kennedy Jr. (R) recently announced his office is conducting an audit of the School Bus Safety program. He stated the program had captured his attention when numerous residents complained about receiving potentially erroneous violations.

“My interest in any program is always that a program is being operated as the laws that adopted it … sought to have it operate,” Kennedy said. “How is the revenue that’s being collected from the program being allocated? Is it being done under the terms of the contract? Is the vendor fulfilling all of their requirements?” 

He added, “That’s the audit function, and it is universal across the board.”

Legislative purpose

Marykate Guilfoyle, a spokesperson for Suffolk County Executive Steve Bellone (D), summarized the motive for developing the program in the first place.

“The goal of the School Bus Safety program is to protect children as they get on and off the bus and to reduce the number of drivers illegally passing stopped school buses, which endangers the lives of students,” Guilfoyle said in an email. “The program is completely violator funded, and county proceeds are used to support public safety, traffic safety and school safety initiatives.”

County Legislator Kara Hahn (D-Setauket) defended the School Bus Safety program. She said her office’s most frequent complaints are related to roadway safety and other traffic concerns.

“Red light cameras and school bus cameras are a way to prevent death and injuries without needing a paid police officer at every intersection and following every bus,” she said. “It’s a very efficient way for providing the consequence for breaking the rules of the road.”

Before the program took effect, Hahn added, few violators ever got caught. Today, they receive a fine, incentivizing better roadway behavior and creating a safer traffic environment.

“Now people have to change their behavior to no longer do the illegal action that puts people’s lives at risk,” the county legislator said. 

Questions over potential misapplication

County Legislator Rob Trotta (R-Fort Salonga) said the School Bus Safety program is one of the few measures for which he wishes he could rescind his “yes” vote. He said the Legislature was misled when the program was pitched.

Figures obtained by Trotta indicate the program grossed $23 million last year, with $13 million retained by the county and the outstanding $10 million collected by the vendor. Kennedy estimated the county government netted approximately $11 million.

“We don’t have all the net revenue,” Kennedy said. “That’s been another consequence of the hack” against the county government in September. For more on this ransomware event, see story, “Suffolk County cyberattack offers a window into the dangers of the digital age,” Nov. 17, also TBR News Media website.

By statute, the net proceeds generated by the School Bus Safety program must support various educational programs related to school bus and traffic safety. Asked how the revenue is being spent, an administration official said the 2022 revenue figures are still being finalized.

Guilfoyle, however, cited specific examples of how the revenue supports countywide traffic education initiatives: “Examples of the county’s efforts include dedicating more than $1 million to school districts and $125,000 in [public service announcements] during the back-to-school months to educate drivers on the state law surrounding stopping for buses.”

Trotta viewed the school bus program as a lucrative moneymaker for the county and vendor rather than a measure promoting bus safety. He said the law is applied unfairly, ticketing busy multilane corridors in the same manner as residential neighborhoods.

“I’ve checked with all the school districts, and kids aren’t crossing major thoroughfares,” Trotta said. “I’m all for giving a ticket to someone who passes a school bus on a residential avenue because it’s dangerous. I’m not at all for 1,000 people on Jericho Turnpike getting tickets.”

While the county code imposes rigid reporting requirements regarding expenditures of revenues generated from the program, Kennedy said he has yet to see any reports to date.

Competing perspectives

Following an initial spike when programs such as this are first instituted, Hahn said offenses start to wane “because people begin to change their behaviors — they stop at red lights because they’re afraid of getting a ticket.” 

In time, the legislator added, drivers throughout Suffolk “will no longer go around stopped school buses,” but “if they choose to break the law, they will get tickets.”

Trotta said he is pushing to repeal the School Bus Safety program altogether. “The reality is it’s a sham, and it’s not what we were told it was going to be,” he said.

While Kennedy acknowledged the importance of traffic safety, he held that the audit is to determine whether the program is administered correctly.

“I never want to see somebody blowing a stopped school bus sign — it’s just heinous,” the county comptroller said. “But if [the program] is not being operated in a fair and proper and consistent manner by the school bus drivers and the vendor … then it’s a problem.”

Kennedy expects the audit to be finalized by the second quarter of 2023.

Pixabay photo

The recent ransomware attack against the Suffolk County government has raised important questions about the relationship between citizens, governments and technologies.

A confirmed ransomware event took place in early September. The hack crippled the county’s information technology infrastructure, and recovery efforts remain ongoing. 

In the wake of these events, the hack prompted critics to question the digitization of sensitive information and how governments can better secure their IT networks.

What is ransomware?

Nick Nikiforakis is an associate professor in the Department of Computer Science at Stony Brook University. His research focuses on web security and privacy. In an interview, he described how ransomware works.

“Ransomware is, effectively, malicious software that infiltrates a machine, starts encrypting all sorts of private documents, spreadsheets, anything that is of value, and then leaks out to the attacker the encryption key and potentially the data that was encrypted,” he said. 

Some forms of ransomware affect only a single machine, according to Nikiforakis. Other strains may spread into several devices, potentially infecting an entire network.

Ransomware is the confirmed vector of attack for Suffolk County. However, how hackers first entered the county’s system is unknown to the public. 

While the details of the county hack are scanty, Nikiforakis said cyberattackers commonly use emails with malicious attachments. In other instances, they can locate vulnerable software within a network, exploit that weakness and breach that system. Once hackers gain access to the system, they hold sensitive information for ransom. 

“The original idea behind ransomware is that if you don’t pay the attacker the money that they ask, then you lose access to your data,” Nikiforakis said. 

Backup software was developed, in part, to mitigate this concern. Regardless, as technologies have evolved, so has cybercrime. 

“Even if you have the ability to restore your data from backups, now you have to deal with the attacker having access to your data and threatening you with making that data public, which is what’s happening in this case,” Nikiforakis said.

Based on the information available, Nikiforakis said the attackers likely gained access to speeding tickets and various titles, among other sensitive materials. “This is definitely a cause for concern, and that is why, in certain cases, people decide to pay, to avoid this blowback that will come from the data being made publicly available.”

A question of payment

Ransomware raises an ethical dilemma for government officials, namely whether to use public funds to pay a ransom.

“People can take a philosophical approach and say, ‘We don’t negotiate with terrorists,’ and I understand that,” Nikiforakis said, “But then the rational thing for the attacker to do is to make that data available to the public. Because if he doesn’t, then the next victim will also not pay him.” 

The profitability of the ransomware operation depends upon the victim trusting that the criminals will comply with the conditions of the transaction. The ransomware business model would fail if cyberattackers generally went against their word.

For this reason, Nikiforakis said payment and compliance could sometimes be in the interests of both parties. 

“I think it’s a very rational decision to say, ‘Let’s pay and accept this as a financial loss and let’s make sure that this doesn’t happen again,’” he said.

In Suffolk County, however, putting this theoretical framework into action is more complicated. Responsibility for paying ransomware payments would be vested in the Office of the Comptroller, which oversees the county’s finances. 

During an election interview last month with county Comptroller John Kennedy Jr. (R), he hinted that compromising with cybercriminals is off the table.

“There is no predicate in the charter, in the New York State County Law, in the Suffolk County code, to take taxpayer money and give it to a criminal,” he said.

‘Technology is moving so quickly that it is incredibly challenging for government to keep up.’ 

— Sarah Anker

The effect on the county’s government operations

The ransomware attack has also aggravated concerns over securing the county’s IT apparatus. Kennedy likened the problem to a fire code, saying fire codes often include provisions for masonry walls and other buffers that reduce the spread of a fire.

“If a fire starts, it doesn’t take down the whole complex. It stops at the masonry wall,” he said. “Our system was not configured with those hard breaks, other than some separation of function out in Riverhead in the County Clerk’s Office.” 

Suffolk County Legislator Sarah Anker (D-Mount Sinai), whose office was attacked by ransomware in 2017, has advocated for serious IT reform for some time. She followed the county’s technology closely and expressed frustration over how the initial attack occurred.

“I could tell, and I could feel, that there needed to be more done,” she said. “It has hampered the government, it has affected our constituents. Maybe it could have been worse, but it should have never happened.”

Suffolk County Sheriff Errol Toulon Jr. (D) explained his office’s many challenges since the hack. Though communications systems are slowly returning online, the initial attack disrupted both external and internal communications within the Sheriff’s Office.

“From a jail and police perspective, it really hindered us in the beginning,” he said. “Emails that we received from other law enforcement agencies or any communication with our community was stopped for a significant amount of time.”

New York State’s Division of Homeland Security and Emergency assisted the Sheriff’s Office as Toulon’s staff worked without an operational communication network. Because of this coordination, Toulon maintained that the functions of the jails were more or less appropriately executed.

“We wanted to make sure that any individual that was supposed to be released from our custody was released on time,” the county sheriff said. “No one was incarcerated longer than they had to be.” 

Preparing for the future

Toulon suggested the existing IT network is too centralized and interconnected. To prevent future failure of the entire network, he proposed creating separate silos for each department.

“I feel that the District Attorney’s Office, the Sheriff’s Office, the [County] Clerk’s Office and the Comptroller’s Office should be totally separate from the County Executive’s Office,” Toulon said, “So if, god forbid, this were to happen again in the future, we wouldn’t be directly impacted like everyone else.”

Anker said she and a newly formed panel of county legislators are beginning to explore ways to harden the network and apply strategies that work elsewhere.

“As we move forward, we need to see what the other municipalities and corporations are doing,” she said. “What types of programs and software do they have that prevent these attacks?”

The rate of software development, according to Anker, is outpacing the ability of governments to respond effectively. While IT departments must remain ahead of the cybercriminals to keep their digital infrastructure safe, staying out front is easier said than done.

“Technology is moving so quickly that it is incredibly challenging for government to keep up,” she said. “I would like to see more accountability in all respects and from everyone as we move forward with new technology.”

While the recent cyberattack focuses on the government, Anker believes ordinary citizens are also at risk from hostile online actors. The county legislator contended more work should be done to alert community members of these dangers.

“Not enough is being done regarding community outreach,” she said. “There needs to be more education on preventing an attack even on your home computer.”

Nikiforakis proposed that greater attention be given to digitizing personal records. According to him, those records in the wrong hands could unleash great harm. 

“Ransomware was a big game-changer for attackers because it allows them to monetize data that would not be traditionally monetizable,” he said. “Through ransomware, suddenly everything that is of value can be monetized.”

The SBU associate professor supports software upgrades, cybersecurity protocols and other measures that protect against ransomware. But, he said, a broader conversation needs to take place about the nature of digitization and whether individuals and governments should store sensitive files online.

“More and more things that didn’t used to be online are suddenly available online,” he said. “We have to reassess the eagerness with which we put everything online and see whether the convenience that we get out of these systems being online is a good return on investment, given the risks.”

Pictured above, Suffolk County Comptroller John M. Kennedy Jr. (R). Photo by Rita J. Egan

After serving in the office for the last eight years, Suffolk County Comptroller John M. Kennedy Jr. (R) is seeking reelection.

His challenger, Democratic Party nominee Thomas Dolan, is not openly campaigning and therefore could not be reached for comment.

‘I think Suffolk County still needs a shakedown.’

— John Kennedy

In an exclusive interview, Kennedy defined the function of the comptroller’s office, its central role in the fiscal stability of the county government, and why he is pursuing election to that office yet again.

He described his responsibilities as overseeing the county’s financial operations. However, the scope of the office goes well beyond this purpose, with auditing powers and administrative duties related to the former Office of Treasurer.

“It has been a great gig,” Kennedy said. “I have thoroughly enjoyed it. Eight years into it, I think we’ve been able to do some good things.” He spoke of his opponent, “I hear he’s a very nice individual.”

Kennedy said he has several programs and policy initiatives he intends to get off the ground if reelected. Among these is upgrading the county’s financial infrastructure to improve the office’s operations and connect currently disconnected frameworks.

“One of the components in that is unifying the capital budget function,” he said. “It is critical from a budgeting perspective, from a management perspective, that we bring all those disparate databases together so that we have continuity and good stewardship of our money.”

Kennedy also plans to request two additional auditors from the county Legislature to oversee the expenditures of approximately $185 million in opioid-related settlements to Suffolk County. [See story, “Suffolk County launches grant application program to fight opioid crisis,” TBR News Media, July 28, also TBR News Media website.]

“Many have said that they want to see contemporaneous oversight of the opioid settlements,” the county comptroller said. “We received $25 million [so far] … but unfortunately, there is a propensity in government for money to go to all different types of things.” 

He added, “Our electeds, our advocates, our treatment community want to make sure that there’s good, contemporaneous oversight regarding expenditure and use of those funds.”

Kennedy augmented his audit staff from 19 to 34 members during his two terms in the comptroller’s office. He viewed this as progress and committed to increasing the number of auditors at his disposal.

“I’ve been very aggressive with [hiring] our audit staff,” he said. “I think we need to do more of that. I want to bring that on in some other aspects of the office, including IT.”

Having served in this capacity for some time now, he believes he possesses the requisite experience and institutional knowledge to discharge the county’s finances responsibly.

“This is the kind of office that lends itself to almost limitless opportunities,” he said.

But it has yet to be smooth sailing for Kennedy or the public fund. Citing an analysis, by New York State Comptroller Tom DiNapoli (D), which considered fund balance and borrowing cycles, among other concrete financial measures, he acknowledges that Suffolk County ranks near the bottom among the state’s 62 counties in terms of fiscal responsibility.

“It’s indisputable that going back two or three years ago, we were the 62nd in ranking out of all 62 counties in the state of New York,” Kennedy said. “The most recent evaluation has moved us up.”

Despite Suffolk’s checkered financial record, the comptroller believes this assessment requires further context. He contends the analysis measures Suffolk against other counties throughout the state, which are less populated and with budgets dwarfed by Suffolk County’s $3.8 billion annual budget.

Instead, he favors an “apples to apples” method of comparing the county’s finances to those of the “Big Five”: Suffolk, Nassau, Erie, Monroe and Albany counties.

“They’re the largest concentrations of cities, budget size and municipal function,” he said, adding, “We’re somewhat comparable with them.”

Still, Kennedy supports “serious fiscal reform,” stating that he intends to embark upon a “shakedown” of the county government.

“I think Suffolk County still needs a shakedown,” he said. “The underlying platform and premise for us is unsustainable. Unless we do something to address the proliferation of things that we have — and the areas where we’re not delivering services adequately — I think we will be destined for serious financial strife in ‘24.”

The county government may be able to get through the 2023 fiscal year comfortably, according to Kennedy, due to substantial financial reserves generated during the COVID-19 pandemic. However, he foresees those reserves drying up and the effects to be felt within a year. 

“We are on a runaway train with inflation,” he said. “We are seriously, seriously compromised internally in our financial structure.”

Throughout the interview, Kennedy named several individuals with whom he disagreed on policy grounds. In the face of these differences, he finds that he still manages to build bridges across the aisle and discover common ground. 

“The middle [of the road], registered, undeclared [voting population] keeps growing,” he explained. “My sense with folks that are in that category is they want to talk about the issues, hear about what’s important to them, and know what you’re going to do with the opportunity they give you.”

Kennedy asserted that the general public is decreasingly tolerant of partisans and political extremists. Instead, the regular voter thirsts for tangible results from the government. The county comptroller says his efforts to reach across the aisle have generally been reciprocal.

“What I’m talking about with them is the operations, the nuts and bolts of government,” he said. “I’m not talking about whether you’re pro-abortion or pro-life, or whether you believe in cashless bail or whether you want to legalize heroine.”

He added, “I’m talking about how to pay bills, how to recruit and keep talent, how to do the things necessary for the vast majority of people that interact with the county government.”

Whether Kennedy will apply his “nuts and bolts” political philosophy to other realms of the county government is still to be decided. Next year, the highest post in Suffolk County, the office of county executive, will be up for grabs.

Kennedy received the Republican nomination for county executive in 2019, but was defeated by incumbent Steve Bellone (D). When asked if he would pursue that office again, Kennedy responded, “We’ll see what the future brings.”

Suffolk County Comptroller John Kennedy, above. Photo by Rita J. Egan

The comptroller’s seat is not the glamor position of the county government. Yet, it is an important office that demands our respect and interest. TBR News Media supports Kennedy’s reelection campaign this November.

Having faith that the officials will handle our tax dollars responsibly lies at the core of what it means to participate in representative government. Administrative in its nature, the comptroller’s office conducts financial monitoring and audits, among several other essential tasks. 

Kennedy appreciates this responsibility. He embraces it fully and carries enthusiasm and focus into that office which we can respect and admire.

Having served in the post for two terms, he has the experience and institutional insight to execute his duties well. He brings to the comptroller’s office a firm understanding of finance and a knowledge of the law rooted in his background as a lawyer.

In his interview with TBR News Media, Kennedy warned of possibly serious financial strife by 2024. If an economic downtown is in the cards for Suffolk County residents, then it is in our interest that our comptroller understands the office and can adapt it to meet the needs of the changing circumstances.

Finally, Kennedy outlined his “nuts and bolts” political philosophy, arguing that politicians often ignore the most pressing issues due to partisanship and tribalism. We agree with this assessment and ask that he continues to apply this approach, keeping the county government running smoothly.

We appreciate Kennedy’s openness, eagerness to express himself and desire to serve. In this year’s election for Suffolk County Comptroller, TBR News Media strongly supports John M. Kennedy Jr. for reelection.