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State won't pursue charges

The Albany County District Attorney's office declared in late June that it would not pursue criminal charges against two Voorheesville district administrators for allegedly awarding themselves more than $200,000.

An initial audit by the office of the state comptroller in 2005 revealed that the district's former superintendent, Alan McCartney, and assistant superintendent for business, Anthony Marturano, were the recipients of questionable payments totaling $216,000.

The audit revealed that McCartney had received $127,338 from August 1989 to July 2005, and Marturano had received $89,069 from January 1991 to August 2002.

McCartney retired in 2005 and Marturano retired in 2002.

According to the audit, the two officials authorized virtually all of the payments to themselves without the knowledge or approval of the board of education.

In January, then board of education president Joseph Pofit and the board's attorney, Dennis Curtin, met with the district attorney's office to discuss pursuing civil action and request that the office investigate and prosecute McCartney and Marturano for larceny, fraud and official misconduct. Civil action seeking monetary recovery is still pending.

The district attorney's office investigated the claims through recovered computer records, documents, interviews with district employees, officials and board members, the initial audit and more.

Following the investigation, the district attorney's office said in a June 22 letter to the school district that it determined that the contracts between the board of education and Drs. McCartney and Marturano likely violated New York State contract and education law and contained impermissible provisions; however they did not violate New York State penal law.

"Based on the available evidence," the letter concludes, "that no theft of federal funds occurred and that criminal liability cannot be assessed against Drs. McCartney and Marturano."

Among the violations found in the audit were overpayments for unused vacation time. The contracts, which the district attorney's office declared ambiguous, limit how much each school official be paid for vacation time not used. McCartney received $84,283 more than his contract allowed and Marturano received $35,968 more.

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