Serious Allegations Regarding Abuses By Past Commissioner Jason Golub And His Deputy Joe O’Neill III

In the October 4,2024, edition of the Daily Gazette, Saratoga Springs Mayor John Safford informed reporter Shenandoah Briere that the city’s Human Resources Department and the police were looking into accusations that Saratoga Springs former Public Works Commissioner Jason Golub and Public Works Deputy Joe O’Neill III had used city employees for work on “personal property.”

In the October 8, 2024 edition of the Daily Gazette, it appeared that Safford tried to walk back the story. The article stated:

“My understanding is this is a huge rumor based on a fired employee complaint to HR,” Safford said in a text Saturday night. “I don’t think it amounts to anything much.”

Unfortunately, there is an abundance of evidence to indicate that this is more than just a “huge rumor.”

The Allegation

A complaint made last summer to the New York State Comptroller resulted in a referral to the Saratoga Springs Police Department regarding the potential criminal activities of then Public Works Department Commissioner Jason Golub and Public Works Department Deputy Joe O’Neill III. [At the end of this blog is the relevant excerpt from the New York State Public Officers Law, which makes using public employees for private use a crime.]

It is alleged that two department employees were directed to work on Commissioner Golub’s home under Golub’s and O’Neill’s direction. These allegations have exposed additional potential crimes involving the misuse of city staff and city resources.

Yesterday (October 7), O’Neill resigned as Deputy. He was able to return to his original civil service position, and as far as I can tell, that’s what he did.

The Blocked Drain

Early in 2023, it is alleged that O’Neill directed employee A of the city’s Department of Public Works to go to Golub’s home to address a blocked drain. Employee A could not fix the drain, and the following day, O’Neill had Employee A and Employee B meet him at the city Rec facility at about 1:00 PM.

O’Neill told them to return to Golub’s home, where Golub would meet them. When they arrived, Golub was not there. Shortly afterward, he arrived, and together, they entered the house. Employee A had with him a bottle of Green Gobbler used to unclog drains. It is unclear whether the bottle came from the city’s chemical inventory or whether it was purchased especially for Golub’s job by the city. On Amazon.com, the liquid sells for $26.00 a bottle.

The liquid did its job, and after success, they all left.

O’Neill’s Further Alleged Abuse

Sometime around December 2023, O’Neill had employee A meet him in the city skating rink’s parking lot. He told employee A to throw his tools into the back of O’Neill’s truck, and the two went to the home where O’Neill’s child lived with his mother. I am unclear as to O’Neill’s relationship with the child’s mother.

Employee A repaired a leak under a bathroom sink.

Alleged Black Topping On Private Driveways

Earlier this year, the DPW re-blacktopped a section of Grand Avenue under a grant specifically for that purpose. During the same period, they blacktopped driveways at three private homes. One of the homes was owned by a DPW employee.

Employee A Was Terminated

The Department of Public Works terminated employee A. The contract with the union representing employee A establishes that a person is on probation and considered an at-will employee for the first year. As an at-will employee, they can be terminated at any time without explanation. I can find no information as to the reason Employee A was terminated.

The Statute

Article VIII, §1 of the State Constitution, interalia, prohibits municipalities from making gifts or loans of their money or property to or in aid of private entities. Further, it is a general rule that, because town equipment is acquired for town purposes (see Town Law, §64[2-a]) and town personnel is hired to provide services for the town (see, e.g., Highway Law, §140[4]), a town may not perform work on private property in furtherance of purely private purposes even if fair and adequate consideration is paid to the town under a contract (see, e.g., 1988 Opns St Comp No. 88-41, p 81; 1985 Opns St Comp No. 85-37, p 51; 1983 Opns St Comp No. 83-103, p 127; 29 Opns St Comp, 1973, p 122).