Smiley Refuses to Answer Internal Auditor’s Finding on Improper Payments, One Recipient Leaving City
GoLocalProv News Team
Smiley Refuses to Answer Internal Auditor’s Finding on Improper Payments, One Recipient Leaving City
The payments were overtime payments for employees who were not eligible for overtime; the improper payments were made over the last four years.
The Internal Auditor, Gina Costa, who is de facto the Providence of Providence's financial watchdog, exposed the payments, and now, GoLocal has learned that one of the recipients of over $18,000 of these “improper” payments has tendered his resignation and is leaving city service.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTHe has not repaid the funds.
Smiley First Claimed Had not Reviewed Report, Now Refusing to Answer Questions
After GoLocal unveiled the report, Mayor Brett Smiley’s spokesman Josh Estrella said on Friday, “The City received just received this report and is in the process of reviewing. Almost all of these positions received overtime for work that was outside of their normal duties and completed during weather emergencies.”
But that was not true. According to the internal auditors' report, some of those who received improper payments included a lawyer in the city’s law office and others who had nothing to do with storm responses.
On Tuesday, when GoLocal followed up again with Smiley’s office five days after the publication of the report, Estrella said in an email to GoLocal, “We don't have an update at this time.”
Top Employee Leaving - He Reportedly Received $18,000+ in Improper Payments
One of the city employees who received $18.843 in improper payment according to the Internal Auditor’s report is now leaving the city, GoLocal had learned.
Brian Byrnes, Deputy Superintendent of the Parks Department, has resigned effective April 11.
According to his bio, he has worked for the City for the past 10 years, the time needed to be vested in the city's pension system.
GoLocal has also learned that Byrnes has not repaid the improper payments.
When GoLocal followed up with Smiley’s office again on the effort to recoup the improper payments, Estrella said, “The City does not comment on personnel matters. Again, we do not have an update at this time related to the report you are referencing.”
Costa had recommended that the money be recouped and the improper payments end.
“My office was asked to investigate a nonunion employee to determine if the amount of overtime that the employee was receiving was allowable under the Code of Ordinances, Section 17-59 Overtime Pay. While conducting research related to the request, it was discovered that there are many nonunion employees receiving overtime who are not eligible under said code," wrote Costa.
“The scope of the audit is from January 1, 2022, through February 28, 2025. For this time period, sixteen (16) nonunion employees received $427,575 for various types of overtime. Only five (5) of the sixteen (16) properly received overtime, in total amount of $282,512. Eleven (11) were in violation and collected $145,064 in overtime,” states the internal auditor’s report.
City in a Financial Crisis
While Smiley is reviewing the improper payments, the city is in the midst of a financial crisis.
Smiley is pressing the Rhode Island General Assembly to remove the state cap that limits a city or town from raising taxes more than 4% in a single year.
The effort he is pushing will allow the city to raise property taxes up to 8% in a single year.