The Catskill Chronicle

To the Editor:

On Tuesday, 4/13, Sullivan County Community College (SCCC) President Mamie Howard Golladay, Vice President of Administrative Services Elizabeth Kubenik, SCCC Board of Trustees Chair Phyllis “Penny” Coombe, Vice Chair Robert Ernst, and other Trustees met with the Sullivan County Legislature’s Government Services Committee. The purpose of the meeting was to find out how the college entered into an “energy savings agreement” with Atlantic Energy Solutions (AES). The improvements were to be financed through the use of a Lease-Purchase arrangement financed by borrowing a gross amount of $4,510,000.

The government officials that we elect, appoint or hire are expected to perform their acts within the laws that govern their responsibilities. Feasance is the performance of an act; there are three types – MAL, MIS, and NON. Legal definitions are as follows. Malfeasance is the commission of an illegal act. Misfeasance is the inadequate or improper performance of a lawful act. Nonfeasance is the neglect of a duty or the failure to perform a required task. I feel that the administration has practiced one or more of the above with the Trustees’ chairs aiding and abetting. Read on and you decide.

Sullivan County Community College should operate as a community-based entity. This means that when there are capital improvements to the buildings and grounds, the legislature is to approve them. This is pursuant to Education Law 6306, # 7. But SCCC acts like a university.

By reviewing over 4 years of SCCC minutes, I can tell you that they engage in secret meetings called retreats. Work sessions are not open to the public, if they have them at all. The budgeting process left some of the trustees out of the loop, and provided the legislature with very little information. Nice, tidy resolutions where there is usually no discussion. Improper motions for executive sessions. No legal counsel hired by the trustees to provide for legal advice at any meetings.

Atlantic Energy was never licensed to do business in NYS until the lawsuit was started by SCCC on 5/6/09. In reviewing the minutes there was no time where Atlantic Energy ever appeared before the trustees to present and explain their “energy savings” plan. There was no discussion about borrowing 4.5 million dollars to finance the deal. The debt was to be paid back by the savings generated from the improvements, costing the taxpayer nothing. No matter how you slice and dice the proposal, we the taxpayers are responsible for the bill. In spite of our responsibility as a county, there are no resolutions by the trustees authorizing the college president to sign any agreements or approving the borrowing of $4,510, 000. At no time did the college approach the county legislature for approval to enter into these agreements.

From 1.8 to 2 million dollars of the above amount was to go towards the purchase and installation of a 600kw wind turbine at a cost – with interest over 18 years- of $3,370,187 on the smaller amount. This would result in a -$40,000 short fall in a very good year. SCCC advanced payments of $1.5 million before applying for a special-use permit on 9/14/07 with a public hearing on 12/27/07. The wind turbine was to be within 150 feet of the nearest building. Before SCCC was granted the permit on 10/15/08, the administration (as of 9/22/08) knew that AES had not purchased the turbine, and that “Brock” from AES used the funds to “keep my company afloat.”

We in NYS are fortunate to have the Freedom of Information Law (FOIL) and the Open Meeting Law which is overseen by the Committee on Open Government. Over the past three years I have made many FOIL requests to obtain needed information. My first FOIL request was in 2007, which they tried to “stone wall” me on. I persisted, but even as of my latest, they still do not follow the law. Their biggest thing is to encrypt the information, which is a clear violation of law. If SCCC does not want to abide by FOIL, what other laws are not important?

We the taxpayers are on the hook for more than $2,000,000. Who will be laid off because there was no fiduciary responsibility exercised at the collage? I have no confidence in the SCCC administration or trustee leadership. They should resign or retire. Just think of all of the individuals that lost their jobs in DPW or Social Services for less egregious activity.

Kenneth Walter

Grahamsville