Oyster Bay's inspector general job unfilled as town lawyers handle watchdog duties
Brian Noone, center, is sworn in as Town of Oyster Bay inspector general in January 2019. By mid-2023, Noone was off the job. Credit: Danielle Silverman
A year and a half after Oyster Bay's inspector general resigned during an ethics probe, the town has yet to hire a successor. Instead, Oyster Bay is relying on a trio of town lawyers to vet prospective contracts.
Town officials say the lawyers — who handle other municipal legal work — conduct a meticulous review that prevents corruption and saves taxpayers money. Legal experts, however, said the lack of a full-time, independent inspector general is concerning. To properly oversee town government and conduct impartial investigations, an inspector general should be in the job full time and work in a branch of government that's separate from other town officials, they say.
In 2019, the town board appointed Brian Noone to serve as its first inspector general, making him responsible for scrutinizing millions of dollars in contracts before they are routed to the town board. But around four years later, Noone was off the job.
In March 2023, town officials quietly suspended Noone after he approved a vendor linked to his private company for a $2 million cybersecurity contract that was set to go before the town board. The board tabled the vote on the contract, and town officials referred the matter to the town ethics board, which later cleared Noone of any conflict of interest, Newsday previously reported. The Nassau County District Attorney's Office announced a probe that June; Noone resigned later that month.
Town officials say the current arrangement is temporary and still plan to fill the position of inspector general, though the town did not provide a timeline for that hire.
For now, Frank Scalera, Tom Sabellico and Jeffrey Lesser are the attorneys overseeing the town's contracting process. They say their approach has improved the office's effectiveness and ensures multiple layers of review.
The town, led by a Republican supervisor and an all-Republican town board, said the process is thorough and combs out potential problems in a tandem approach. “This is not one person making a decision,” Lesser said in an interview. “When there’s a question that arises, it leads to even greater scrutiny.”
But relying on staff from the town attorney's office to vet contracts undermines the point of the inspector general, legal experts and Democrats in the town said.
“You don't want the inspector general employment to be based on the whim of another individual in the government, such as a mayor or town supervisor,” said Dan Schorr, an attorney who served as inspector general for the city of Yonkers.
“I would strongly recommend against having a temporary or permanent inspector general who is also a representative of the government in any capacity,” Schorr said. “Because even if they act in [the] interest of the inspector general's office, there’s going to be at least the appearance that they’re not independent.”
The town board appointed Noone as Oyster Bay's first inspector general in January 2019 with a salary of $154,000. The town's code says the inspector general is responsible for looking over the entire contracting process and has the power to examine records of town departments, conduct investigations and compel the production of records.
At the time of Noone's appointment, Supervisor Joseph Saladino, a Republican, said Noone's hiring “will provide the town board and its residents with confidence that the proper rules are being followed when contracting with vendors and procuring goods," Newsday reported.
Nassau County and Oyster Bay were in the wake of contracting scandals when Noone was appointed.
In 2018, a federal jury acquitted former Supervisor John Venditto on corruption charges, including federal program bribery, honest-services wire fraud and securities fraud, Newsday reported. He had been charged along with former Nassau County Executive Edward Mangano and his wife, Linda Mangano. The trial that year ended in a mistrial for the Manganos; both were retried and convicted on corruption charges in 2019.
Also in 2019, Venditto pleaded guilty to a state felony charge of corrupt use of position or authority as well as a misdemeanor charge of official misconduct, Newsday reported.
Noone had worked for the U.S. Drug Enforcement Agency for a decade; founded several security and information technology companies; and was National Grid's chief security officer. He served on the board that oversees Nassau County's jail, Newsday reported.
In his 2023 resignation letter, Noone said, “allegations and falsehoods have been determined by an independent Board of Ethics to be categorically unfounded.” He said he had served “without conflict or self-interest.” The town's ethics board cleared Noone of any conflict of interest, Newsday reported. Nicole Turso, a spokeswoman for the Nassau District Attorney's Office, said last week its investigation is "ongoing."
When the town attorneys review contracts, they use a software system, Exiger, that incorporates artificial intelligence. Exiger scans online records for possible red flags: Has the company filed for bankruptcy? Have principals been the subject of criminal complaints? Do company officials owe employees back pay? The town hired Exiger most recently to a yearlong contract not to exceed $96,000.
While imperfect, the findings serve as a basis for launching an investigation, the attorneys said.
Scalera said the team also relies on the lawyers' “institutional knowledge” to raise concerns.
“I'm here for 21 years,” Scalera said in an interview. “We go over every resolution and every backup to that resolution.”
Town officials say the approach increases the chances that inconsistencies — or outright malfeasance — are detected before a project gets underway.
In some instances, initial concerns turn out to be unfounded or the result of a mistake, town officials said, such as when one company inadvertently left out an answer to a question asking if it faced any convictions over the past 10 years. After the town raised questions about the lack of a response, the company answered “No,” town officials said.
Schorr said the inspector general role requires “independence and adequate resources to conduct investigations.” Even the appearance of a lack of independence can undermine the position, he said.
The town board is responsible for hiring the inspector general, who serves a three-year term, town spokesman Brian Nevin said.
Termination of an inspector general requires a court action, similar to the process to remove other elected officials in the state, Nevin said. The supervisor cannot remove an inspector general unilaterally, he added.
Nevin said the town is in the process of revising its job requirements for the position after an initial request for applications, posted on March 26, attracted only 15 resumes, with some of those individuals not being qualified enough. The posting included a request to send resumes no later than April 26. He said the town hoped to receive dozens of applicants for the role.
The attorneys are not paid separately for their inspector general duties, said Nevin, who added that the town saved taxpayers $165,000 in 2024 by having the lawyers handle that role. The salary range for the inspector general job was from $125,000 to $165,000, according to the job posting.
Assemb. Chuck Lavine (D-Glen Cove) said the town's current practice of using its own attorneys to stand in for an inspector general "is far from ideal," adding that the person to take the role will need "a strong sense of independence."
"It is critical that anyone who would become the next inspector general of the Town of Oyster Bay must be someone without political affiliation," Lavine said.
Robert Doud, an attorney and adjunct professor of accounting and business law at Adelphi University, said the use of in-house attorneys is far more cost-effective than hiring outside legal help.
When a full-time inspector general is hired, Doud said, the office should produce regular reports showcasing its work. The Oyster Bay Town attorneys do not issue such reports.
Scalera said the town hired an independent monitor to review its internal policies as part of its 2019 settlement with the Securities and Exchange Commission. Scalera said the monitor did a "substantial review" and that the town received a "pretty good report."
The Nassau County Legislature established an Inspector General's Office in 2017. The legislature hired Jodi Franzese for the job in December 2018. Her office has issued annual reports and launched investigations into county contracts and practices, Newsday reported.
Given how Noone left the role, Doud said, Oyster Bay officials must show they are serious about hiring the right person.
“I would think that there definitely would be a raised level of attention, that you’re not going to have somebody else coming into this job with a problem where they’re going to have to resign or be pushed out,” Doud said.
A year and a half after Oyster Bay's inspector general resigned during an ethics probe, the town has yet to hire a successor. Instead, Oyster Bay is relying on a trio of town lawyers to vet prospective contracts.
Town officials say the lawyers — who handle other municipal legal work — conduct a meticulous review that prevents corruption and saves taxpayers money. Legal experts, however, said the lack of a full-time, independent inspector general is concerning. To properly oversee town government and conduct impartial investigations, an inspector general should be in the job full time and work in a branch of government that's separate from other town officials, they say.
In 2019, the town board appointed Brian Noone to serve as its first inspector general, making him responsible for scrutinizing millions of dollars in contracts before they are routed to the town board. But around four years later, Noone was off the job.
In March 2023, town officials quietly suspended Noone after he approved a vendor linked to his private company for a $2 million cybersecurity contract that was set to go before the town board. The board tabled the vote on the contract, and town officials referred the matter to the town ethics board, which later cleared Noone of any conflict of interest, Newsday previously reported. The Nassau County District Attorney's Office announced a probe that June; Noone resigned later that month.
WHAT NEWSDAY FOUND
- Since Oyster Bay's first inspector general, Brian Noone, resigned in 2023, the town has yet to hire a permanent successor.
- Town officials say three lawyers in the town attorney's office are shouldering the inspector general's responsibilities in addition to other municipal roles.
- Municipal experts say Oyster Bay should have a full-time inspector general whose office is independent of other town departments.
Town officials say the current arrangement is temporary and still plan to fill the position of inspector general, though the town did not provide a timeline for that hire.
For now, Frank Scalera, Tom Sabellico and Jeffrey Lesser are the attorneys overseeing the town's contracting process. They say their approach has improved the office's effectiveness and ensures multiple layers of review.
The town, led by a Republican supervisor and an all-Republican town board, said the process is thorough and combs out potential problems in a tandem approach. “This is not one person making a decision,” Lesser said in an interview. “When there’s a question that arises, it leads to even greater scrutiny.”
But relying on staff from the town attorney's office to vet contracts undermines the point of the inspector general, legal experts and Democrats in the town said.
“You don't want the inspector general employment to be based on the whim of another individual in the government, such as a mayor or town supervisor,” said Dan Schorr, an attorney who served as inspector general for the city of Yonkers.
“I would strongly recommend against having a temporary or permanent inspector general who is also a representative of the government in any capacity,” Schorr said. “Because even if they act in [the] interest of the inspector general's office, there’s going to be at least the appearance that they’re not independent.”
Contracting scandals
The town board appointed Noone as Oyster Bay's first inspector general in January 2019 with a salary of $154,000. The town's code says the inspector general is responsible for looking over the entire contracting process and has the power to examine records of town departments, conduct investigations and compel the production of records.
At the time of Noone's appointment, Supervisor Joseph Saladino, a Republican, said Noone's hiring “will provide the town board and its residents with confidence that the proper rules are being followed when contracting with vendors and procuring goods," Newsday reported.
Nassau County and Oyster Bay were in the wake of contracting scandals when Noone was appointed.
In 2018, a federal jury acquitted former Supervisor John Venditto on corruption charges, including federal program bribery, honest-services wire fraud and securities fraud, Newsday reported. He had been charged along with former Nassau County Executive Edward Mangano and his wife, Linda Mangano. The trial that year ended in a mistrial for the Manganos; both were retried and convicted on corruption charges in 2019.
Also in 2019, Venditto pleaded guilty to a state felony charge of corrupt use of position or authority as well as a misdemeanor charge of official misconduct, Newsday reported.
Former town Supervisor John Venditto outside federal court in Central Islip in 2018. Venditto died in 2020. Credit: James Carbone
Noone had worked for the U.S. Drug Enforcement Agency for a decade; founded several security and information technology companies; and was National Grid's chief security officer. He served on the board that oversees Nassau County's jail, Newsday reported.
In his 2023 resignation letter, Noone said, “allegations and falsehoods have been determined by an independent Board of Ethics to be categorically unfounded.” He said he had served “without conflict or self-interest.” The town's ethics board cleared Noone of any conflict of interest, Newsday reported. Nicole Turso, a spokeswoman for the Nassau District Attorney's Office, said last week its investigation is "ongoing."
Scanning for issues
When the town attorneys review contracts, they use a software system, Exiger, that incorporates artificial intelligence. Exiger scans online records for possible red flags: Has the company filed for bankruptcy? Have principals been the subject of criminal complaints? Do company officials owe employees back pay? The town hired Exiger most recently to a yearlong contract not to exceed $96,000.
While imperfect, the findings serve as a basis for launching an investigation, the attorneys said.
Scalera said the team also relies on the lawyers' “institutional knowledge” to raise concerns.
“I'm here for 21 years,” Scalera said in an interview. “We go over every resolution and every backup to that resolution.”
Town officials say the approach increases the chances that inconsistencies — or outright malfeasance — are detected before a project gets underway.
In some instances, initial concerns turn out to be unfounded or the result of a mistake, town officials said, such as when one company inadvertently left out an answer to a question asking if it faced any convictions over the past 10 years. After the town raised questions about the lack of a response, the company answered “No,” town officials said.
Oyster Bay Town Hall on the last day of 2024. Credit: Rick Kopstein
A question of independence
Schorr said the inspector general role requires “independence and adequate resources to conduct investigations.” Even the appearance of a lack of independence can undermine the position, he said.
The town board is responsible for hiring the inspector general, who serves a three-year term, town spokesman Brian Nevin said.
Termination of an inspector general requires a court action, similar to the process to remove other elected officials in the state, Nevin said. The supervisor cannot remove an inspector general unilaterally, he added.
Nevin said the town is in the process of revising its job requirements for the position after an initial request for applications, posted on March 26, attracted only 15 resumes, with some of those individuals not being qualified enough. The posting included a request to send resumes no later than April 26. He said the town hoped to receive dozens of applicants for the role.
The attorneys are not paid separately for their inspector general duties, said Nevin, who added that the town saved taxpayers $165,000 in 2024 by having the lawyers handle that role. The salary range for the inspector general job was from $125,000 to $165,000, according to the job posting.
Assemb. Chuck Lavine (D-Glen Cove) said the town's current practice of using its own attorneys to stand in for an inspector general "is far from ideal," adding that the person to take the role will need "a strong sense of independence."
"It is critical that anyone who would become the next inspector general of the Town of Oyster Bay must be someone without political affiliation," Lavine said.
Robert Doud, an attorney and adjunct professor of accounting and business law at Adelphi University, said the use of in-house attorneys is far more cost-effective than hiring outside legal help.
When a full-time inspector general is hired, Doud said, the office should produce regular reports showcasing its work. The Oyster Bay Town attorneys do not issue such reports.
Scalera said the town hired an independent monitor to review its internal policies as part of its 2019 settlement with the Securities and Exchange Commission. Scalera said the monitor did a "substantial review" and that the town received a "pretty good report."
The Nassau County Legislature established an Inspector General's Office in 2017. The legislature hired Jodi Franzese for the job in December 2018. Her office has issued annual reports and launched investigations into county contracts and practices, Newsday reported.
Given how Noone left the role, Doud said, Oyster Bay officials must show they are serious about hiring the right person.
“I would think that there definitely would be a raised level of attention, that you’re not going to have somebody else coming into this job with a problem where they’re going to have to resign or be pushed out,” Doud said.
Updated 4 minutes ago Snow on the way ... Nassau lowers flags for Carter ... Election certification ... LI tattoo artist paints wrestlers' portraits
Updated 4 minutes ago Snow on the way ... Nassau lowers flags for Carter ... Election certification ... LI tattoo artist paints wrestlers' portraits
