“Town officials have filed a legal action against Highway Superintendent Steve Perog in an attempt to void roughly $94,000 he spent over his budget for roadwork in 2010. The proceeding filed in Schenectady County Supreme Court claims that Perog entered into a number of contracts with area vendors between August and November, but didn’t present the invoices to the town until last month. Town officials also claim he failed to follow the proper competitive bidding process with the contracts, which spent nearly twice the amount allotted in his $95,000 budget.
“Mr. Perog must have known that he drastically exceeded his budget for general repairs. He made no attempt, however, to follow the requisite procedures for requesting a supplemental appropriation of town funds,” the lawsuit states. “Rather he took it upon himself to purport to incur liabilities on the behalf of the town, which were not authorized and which exceeded the appropriated budget for the work to be performed. Due to Mr. Perog’s unlawful conduct, the contracts he attempted to enter into on behalf of the town are void as a matter of law.”
If the town is successful in voiding the contracts, Perog could be liable for any expenditures made outside his budget in excess of $500. The lawsuit also asks that he be prevented from expending future funds.
Todd Mathes, an attorney representing the town in the lawsuit, declined to comment.
Perog continues to maintain his error didn’t harm the town and that his overspending will save money in the long run. He pointed to the continuing rise in gasoline prices as evidence that paving projects will be more costly this year.
Perog said he’s also learned that a good portion of the overspent amount resulted from a clerical error.
He said his department ended 2010 with more than $81,000 in federal funds remaining because he wrongly coded several of his expenses”
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ason, Justin. Schenectady Daily Gazette 1 February 2011.