As part of an ongoing investigation into alleged double-dipping by school attorneys, the office of Attorney General Andrew Cuomo sent the following letter to school districts and Boards of Cooperative Educational Services (BOCES) across the state:

Department of Law                    Department of Law
120 Broadway                            The State Capitol
New York, NY 10271                  Albany, NY 12224

News from Attorney General Andrew M. Cuomo

FOR IMMEDIATE RELEASE
Albany Press Office / 518-473-5525
New York City Press Office / 212-416-8060
nyag.pressoffice@oag.state.ny.us

March 5, 2008

The office of Attorney General Andrew Cuomo sent the following letter
to school districts and Boards of Cooperative Educational Services
(BOCES) across the state:

Dear XXX

We are investigating various employment practices utilized by
some public school districts and Boards of Cooperative Educational
Services (BOCES) in New York state.

There may be situations in which individuals improperly sought
classification as full- or part-time “employees� to receive
government benefits that they might not otherwise be entitled to as
consultants, professional firms or other service providers.  If these
individuals are not acting as “employees,� as defined by the federal
Internal Revenue Service and state law, they are not entitled to
participate in the New York State Employees’ Retirement System or the
New York State Health Insurance Program.  There may also be situations
in which a board, district or subdivision sought to classify individuals
as employees in order to qualify for New York State reimbursement or
cost sharing arrangements.

To the extent you are required to report the status of your
employees, you are obligated to report accurately.  If you are aware of
any situation raising questionable actions or practices in these areas,
please contact Ellen Biben in my office’s Public Integrity Bureau at
212-416-8090 or email at public.integrity@oag.state.ny.us.

I am advising and informing the State Education Department as to
the results of this inquiry as Commissioner Mills has referred related
matters to me for investigation.

I am sure you share my interest in ensuring the highest
standards of public integrity in our great State.

Thank you for the cooperation.

Sincerely,

ANDREW M. CUOMO