s wh HINCKLEY ity ALLEN ‘nce con Christopher V. Felon fenton hinckeyallen.com November 18, 2019 1 have been retained by the Albeny County Comptroller to assist the Albany County Department of Audit and Control with an audit ofthe Albany County payrolls. The auitis being conducted pursuant to Article 4, Section 403(b), (©) (2), (9 of the Albany County Charter and Seetion 577@), () ) ofthe New York County Law. The scope of the auit includes, but is not limited to, the following: ‘+ Determine whether the internal procedures and controls for Albany County employee time and attendance records ae effective in eventing andlor detecting wrongful claims for payment. ‘An assessment of whether the current use and operation of the Albany County Kronos time and attendance system allows for fraud, waste, and abuse. ‘+ Establish the accuracy, correctness, and completeness of Albany County employee time and attendance records 1am writing to provide notice thatthe Department of Audit and Control has scheduled an interview with you to discuss the matters under audit, Your interview is scheduled for December 3, 2019, at 11:00 a.m., at the offices of Hinckley, Allen & Snyder LLP, 30 South Pearl Street, 9" Floor, Albany, New York. Please contact my office no later than Friday, ‘November 22, 2019 to confirm your interview. Very truly yours, Hinckley, Allen & Snyder LLP Christopher V. Fenton (Christopher V. Fenlon saatzaao viDANIEL. McCoy COUNTY OF ALBANY DANIEL. Lect usr saeeoe ee our noo ‘County OFFice BUILDING BUGENIA KourELis Connon ‘12 STATE STREET, ROOM 500 ‘Drone Covey Aron ‘Ataany, NEW YORK 122072121 (enero bax Gus ae soe November 18, 2019 Hinckley Allen ‘Anta: Christopher V. Fenton, Esq, 30 South Pearl Street, Suite 901 ‘Albany, NY 12207 Dear Mr. Fenton, Ithas come to my attention that this afternoon your office emailed several ‘employees of Albany County scheduling interviews relative to an audit that you purport as being conducted by the Albany County Comptrolle’s Office. J am unaware of why and how your office is stil representing the County Comptroller at this date. Please provide my office with the authorization for such representation and a copy of any ‘executed contract outlining the seape of your services that may exist. Additionally, please provide me with a complete lst ofall County employees that you have notified to ‘appear, as well as, alist of wrtien questions that you intend to direct these employees to “Albany County Khtomey4 a HINCKLEY — ALLEN oe (Christopher V. Fenlon cfenlon@hinckleyallen com November 21, 2019 VIA E-MAIL Daniel C. Lynch, Esq County of Albany Office ofthe County Attorey 112 State Street, Room 600 ‘Albany, New York 12207 Daniel Lynch@albanycountyny. gov Dear Mr. Lynch | write in response to your November 18, 2019 letter. The following is alist ofthe Albany County employees my firm contacted this Week to schedule interviews on behalf of the Comptroller | will not respond to the other requests in your letter. Very tly yours, Hinckley, Allen & Snyder LLP al Clastepher'. Foon Christopher V. Fenton,Liguori John FWRE: Response to November 18, 2019 Hinckley Allen Letter on Behalf ofthe Albany County Comptrlie. From: Lguor\ John Sent: Friday, November 22,2019 11:28 AM Tos ‘Subject: RE: Response to November 18, 2019 Hinckley Allen Letter on Behalf ofthe Albany County Comptrolr. ‘Asa County employee, you have inquired with our office for guidance on the November 16°letter sent to you fom the law frm of Hinckley Alien requesting to schedule an interview at ther offices to discuss a purported auc by the Department of Audit and Control. Asan employee you are afforded legal representation through our Department of Law. Despite our immediate inquiry to the law frm regarding their authority and the conditions upon which such an Interview would be conducted, the frm refuses to provide any response to aur request. In view of ths, we do not recommend confirming the interview with a personal response as requested on or before November 22% asst forth in the Hincley Allen letter. The Department of Law will provide @ response tothe frm, today and advise that unt such time a the proper authority's established, any interview of County employees as scheduled will not be confiemed. John W. Liguort Senior Assistant County Attorney Office of the Albany County attorney 1112 State Street, Room 600 ‘Albany, Now York 12207 fel st8.4477110, fax 518.447.5564 John.Liquori@albanycountyny.sov ‘wall ae enya vane, cong end eh of enn arty Site alGtacl andy tan connate alone mien ann she senda, incang mea ortabie TEES aeclorpsrn pas ke wich olecranon House nthe mended epee. {Tanemeson tet pronsecd i you hve recive ths message Sn sorocasd document inror ase hot the seer nmeaatly foraraton I tis esage nas receed by eral, lease sl he oaial MasageDanis P.McCo¥ COUNTY OF ALBANY Dag C. Lea a (OFFICE OF THE COUNTY ATTORNEY ser Aan ‘County OFrice BUILDING COUTELIS CONDON ‘ie Stare Seager, ROOM C00 Sor Aron ‘Ausan, NeW Yor 12207-2001 GSS aNoseAe Gua) trad ‘November 22, 2019 Hinckley Allen ‘tin: Christopher V. Fenlon, Esa 30 South Pearl Suect, Suite 901 Albany, NY 12207 Dear Mr. Fenton, Your lack ofa response to our Office's email letter of November 18, 2019 concerning your authority to provide legal representation to the Albany County Comptroller in connection ‘witha purported audit is unsatisfactory. You have not provided your authority, the parameters ‘or conditions concerning the “interviews” you intend to conduct. The Department of Law has ‘been contacted for representation by the County employees that received your November 18th invitation to sit for an interview at your offices. In view of your failure to provide any basis for your legal authority to represent the Comptroller and to compel County employees to be interviewed, please accept the following as confirmation by the employees that they will not be oe one atte Ape PatsyCOUNTY OF ALBANY DEPARTMENT OF AUDIT AND CONTROL EpwAto L. Dorr ey [HAROLD L JOYCE OFFIOB BUTLOING sys Orr onrrnuae eee ceeeeal "ia STATE STREET, ROOM 1090 rae “Asan, New York 12207 (ole) a7-niso aw on) 4881854 oun W. CuRRan ‘wy aLmancvoouTy cole ncrrre beni coer ‘November 22, 2019 Dear Members ofthe Albany County Legislature, ‘As some of you may have already been aware, the Albany County Department of Audit & Control announced back in May of this year that our office has been in the processes of conducting a time and attendance audit, Since we announced our sudit publicly, our department has worked diligently to try and identify anytime and attendance problems throughout Albany County ‘To that end, I would respectfully invite you to join me at 1AM on Monday, November 25,2019 in the Legisiative Meeting Room on the 7 floor of 112 State Street in Albany. At tis ‘meeting, I would like to update members of the legislature onthe progress of our suit thus far. God bless all here soe. yt yt ! i Michael F. Connef, ‘Albany County Comptroller