Citing a lack of written policy, the Dutchess County Comptroller’s Office concluded that no disciplinary action should be taken against a legislator who received questionable mileage reimbursements.

                          The comptroller’s recommendations were released Monday.

In 2009, Legislator James Doxsey, C-Town of Poughkeepsie, received $1,698.90 for mileage reimbursement — the highest of all current sitting legislators, according to the Clerk of the Legislature’s Office. Last year, mileage reimbursements for the 25 legislators totaled $14,756.40, according to the comptroller’s report. Of the 25, 10 legislators did not get reimbursements. Six legislators had reimbursements for more than $1,000.

Some examples of expenses Doxsey submitted were for $103 in mileage costs associated with attending caucus meetings in 2008 and 2009, driving to the funeral of a Marine in Highland and the 2009 county comptroller political debate.

Comptroller James Coughlan’s office audited the mileage records and uncovered no evidence of intent to defraud or misrepresent the facts, according to a report to the Legislature. He concluded there was no reason to involve the district attorney or investigate further.

The audit found that one-quarter of the legislators submitted to be reimbursed for various town hall, fire department and political fundraising meetings. One-third submitted requests relating to social functions, such as galas and luncheons.

Reacting to the report, Doxsey said the audit and the comptroller’s conclusions were “fair.”

New protocol planned

Legislature Chairman Robert Rolison, R-City of Poughkeepsie, said the next step is “for myself and the leadership to come up with a protocol for mileage reimbursement.”

During a March 8 meeting, the Legislature approved a resolution 16-8 to establish a written policy on reimbursement for mileage costs.

In his report, Coughlan quoted the previous county law stating legislators may be reimbursed for reasonable mileage costs in traveling from home to county meetings. However, the definition of what is reasonable historically has been left up to the clerk of the Legislature, he said.

Since Doxsey’s mileage requests were approved by the clerk of the Legislature, he had proper approvals, the comptroller said

Specifically addressing the caucus-related money, Coughlan referred to a document dated Nov. 29, 2007, from Clerk of the Legislature Patricia Hohmann stating that caucuses are not an acceptable reason for reimbursement.

However, he said soon after the memorandum was issued, the Legislature’s leadership changed, a new clerk was appointed and it was unclear whether the guideline was confirmed or negated.

Request not illegal

Coughlan said while no other legislator submitted a request for mileage for caucus meetings, Doxsey’s mileage claims were approved by the clerk.

For that reason, “it is hard to decisively state that Legislator Doxsey made inappropriate requests to claim mileage for caucus meetings …” Coughlan concluded.

Doxsey laid the blame with the clerk.

“All she (the clerk) had to do was say, ‘Jeez, Jim, this isn’t allowed,’ ” he added.

Rolison disagreed, stating that it was “clear from the comptroller’s report Doxsey was the only one putting in for caucuses.”

Caucus a gray area

As for possibly recouping caucus-related mileage, Rolison said, “That’s something we have to discuss further.

“The issue will be debated during Thursday’s Legislature leadership meeting,” Rolison said.

Assistant Minority Leader Angela Flesland, R-Town of Poughkeepsie, said the community should be “outraged ” over Doxsey’s reimbursements.

“If these items aren’t illegal they are certainly unethical and Doxsey should be criticized in the court of public opinion,” she said in an e-mail that criticized Coughlan’s audit because it took “just eight days to conduct.”

Coughlan’s report urged the Legislature to establish “adequate definitions” to avoid future abuse.

He found that some mileage claims only included the word “meeting,” which made his review “extremely difficult,” the report said.