Nassau County Executive Thomas S. Gulotta has called on the New York State Legislature to amend the general municipal law to transfer operation and control of the Nassau County Traffic Parking and Violations Agency (TPVA) to the county.

"Currently pursuant to New York State Law, neither the county executive nor the county legislature have supervisory or operational control over TPVA, its staff and its operations. The agency presently has a backlog of 130,000 uncollected tickets - more than 60 days old - with a total dollar value of nearly $11-$13 million. This backlog negatively impacts the county by nearly $6.5-7.8 million since we are to receive 60 percent of the funds collected. The remainder of the money goes to New York State," Gulotta said.

With a $2.4 million budget and nearly $7 million in revenues, TPVA is managed by an executive director who answers only to an oversight panel that says it does not provide oversight, Gulotta explained. "The agency should not continue to operate without county oversight and accountability," he said.

Commissioner of Accounts J. Leonard Samansky, who released his investigative findings on July 31 to the county executive, recommended that state officials act quickly to amend the legislation.

Gulotta called on state officials to amend the legislation to provide for:

* Clear accountability for the operation, direction and control of TPVA by the county government;

* The elimination of the "Nassau County traffic prosecutor oversight panel," and the transfer of its former authority and responsibility with respect to the selection, appointment, oversight and administration of TPVA to Nassau County;

* The transfer of the authority and responsibility of the "Nassau County traffic prosecutor oversight panel" with respect to the hiring of an executive director of TPVA to the Nassau County Executive, subject to the affirmance of the Nassau County Legislature and the approval of the Administrative Judge of Nassau County;

* The executive director of TPVA to serve at the will of the Nassau County Executive on a full time basis;

* The executive director of TPVA be directly accountable to and report to Nassau County;

* An annual report of the performance, status of operation, progress and development of TPVA be prepared by the executive director and submitted to the governor of the state of New York, the temporary president of the New York State Senate, the speaker of the New York State Assembly, the Nassau County Executive, the Nassau County Legislature, the Administrative Judge of Nassau County, the Nassau County District Court Board of Judges, the Nassau County District Attorney, and the Nassau County Comptroller;

* The appeals from determinations after trial by Judicial Hearing Officers be authorized to be taken to the Appellate Term of the Supreme Court of Nassau County.

Gulotta added that when the agency is placed under county jurisdiction, he will direct the county attorney's office to develop and implement programs to correct the administrative, operational and management problems that currently exist.

In the interim, specific corrective actions identified in the report have been accepted and implemented including an increase of $10 from the county's current surcharge of $15 for all traffic tickets beginning Aug. 6, the on-going review of staffing levels and the continued use of a Lock Box to receive fine payments.

"Commissioner Samansky's report also recommended the creation of an automated pre-notification letter for offenders eligible to lose their licenses for failure to respond to a summons. The computerized pre-notification system is slated to begin operation next week. We think this would dramatically cut down the processing time of paid violations and number of suspensions issued while dramatically increasing revenue to the county," said Gulotta.

In addition, TPVA is now required to mail to the New York State Department of Motor Vehicles Traffic Safety Law Enforcement and Disposition (T-SLED) Program hard copies of every traffic ticket that has been paid, dismissed or otherwise disposed of so that DMV may update its records and close any violations. Currently, there are approximately 42,000 tickets awaiting processing to Albany. "Commissioner Samansky has recommended that DMV temporarily accept dispositions (without attaching the original summons) in an acceptable format. The summons would be sent to Albany at a later time. He and TPVA are currently working with NYSDMV Officials to see if this recommendation can be implemented," Gulotta said.

Gulotta said he will ask county legislators to support amending provisions of the Nassau County local law to incorporate and conform to the amendment in the state's General Municipal Law. The report also recommended approval of a computer software maintenance contract which was approved by the county legislature on Aug. 7, according to Project Leader and County's Data Processing Director Doug Wipperman.

I'm also calling for a full and complete financial audit of TPVA by the Nassau County Comptroller," Gulotta said. "Commissioner Samansky's initial findings in 1998 called for an audit by the Comptroller's Office that has not yet been conducted."