NEWSBREAK SHE MAKES $94,046.00 plus OT

[dtwarren]

I'm no longer supportive because after watching her for almost one year, I find her to be incapable of doing her job. She is spending money like a drunken sailor and I'm afraid she is in way over her head. I never asked for anything nor wanted anything from either Wally or Sheila. But I have come to realize that you were asked to put doubt in the minds of residents against Wally, so that Sheila would have a better chance of winning. The only thing I can say about Wally, was that he promised the taxpayer that he would reduce the budget and cut waste and that is what he did.

I was asked to do no such thing. I did it based on the evidence I had at the time. No matter what your opinion of Sheila, or of me, is it does not change the facts that where adduced in that proceeding, in the State Comptroller's Report and in the Referee's report.

It takes more than just her to spend money, she needs at least one other vote and it appears that most the votes regarding the spending of money was unanimous. Also the current budget that the town is operating under was proposed by Wally, not Sheila.

Wally created waste, not cut it, remember the Acting Deputy Town Comptroller debacle, remember the State Comptroller's Report, etc.?

[rumor4wny]

Dan: As you know NYS Public Officers Law states that an Elected Official can be removed for his or her post because of misconduct, maladministration, malfeasance, or malversation. Do you think that the Rec/Senior Director approving her own overtime, when the Supervisor saying (on the record at a town board meeting) that she doesn't get overtime touches some of those removal options?

[dtwarren]

This is where I am waiting for more facts to be flushed out. If her position is ultimately determined to be in the classified civil service then POL 36 is not applicable but rather CSL 75.

If she is determined to be in the classified civil service then the question from what list was she appointed from and was the appointment proper comes up. If this turns out to be a de facto provisional appointment it is only good for 9 months and is unlawful thereafter.

I believe regardless of how her position is ultimately categorized she violated the West Seneca Code of Ethics in approving her own overtime.

I think that, at a minimum, she should be required to pay the town back the overtime she has collected to date because either she was not entitled to it or it was not properly authorized and paid out. This payment should be deducted from her pay so as to insure that it does not artificially inflate her final average salary for retirment purposes.

[gorja]

Originally posted by dtwarren:

I believe regardless of how her position is ultimately categorized she violated the West Seneca Code of Ethics in approving her own overtime.

I think that, at a minimum, she should be required to pay the town back the overtime she has collected to date because either she was not entitled to it or it was not properly authorized and paid out. This payment should be deducted from her pay so as to insure that it does not artificially inflate her final average salary for retirment purposes.

Hopefully, at least the minimum is done. is there a Board of Ethics seated in West Seneca? If so, can any of your residents request that this matter is looked into?

[informme1]

Dan: As you know NYS Public Officers Law states that an Elected Official can be removed for his or her post because of misconduct, maladministration, malfeasance, or malversation. Do you think that the Rec/Senior Director approving her own overtime, when the Supervisor saying (on the record at a town board meeting) that she doesn't get overtime touches some of those removal options?

This is obviously another sign of how much the Town Board does not know what is going on in their own departments. Meegan stated that Josefiak was not receiving overtime with out knowing that Josefiak was in the union. How do you perform a major consolidation of three departments all ran under state monitoring without looking into this? Why are they just now removing Josefiak from the union two years after taking on the position?? Why wasnt Walsh removed from the union when they combined Youth and Recreation??? This seems like yet another thoughtless move by the town board, did they compare consolidation tactics from other surrounding towns? Did they speak with CSEA reps to see where the department stood? Obviously not because they would have found that area towns whom have consolidated have maintained two to three full time staff just with lower salary thresholds, also if the board had talked to CSEA reps they would have realized that the separate positions of Recreation Director and Senior Director were represented by the union and by being so were eligible for over-time pay. How do you not dot the "i" and cross the "t" when you hold such a position?

[informme1]

I was talking over the situation with a few neighbors in West Seneca about the Towns problems.
Two of them attend the Senior Center. What they can't understand is why its such a big deal to run the Senior program. The people mentioned were professional all there lives and well educated. They told me its a great group and they cause no problems. Theirs plenty of helpers and everything is simple and not complex. The one Senior mentioned she used to attend other Senior Centers and two she knows basically
were run by a part time educated senior making $12 a hour and the programing was better than West Seneca's. She still attends West Seneca's because now that she is older it is more convenient. They just can't understand why its made out to be so difficult. One said the Mayor Byron Brown makes $103k and runs a whole City and gets no overtime.

If you give precise examples of these locations perhaps politicians monitoring this forum can look into them and see how they are ran? However I'm sure as you look further many are ran by full time staff making more than 12/hr. As many services offered at the senior center are distributed at the whim of erie county, like the van services and daily lunch, so some locations are allowed to offer certain services where others are not. Also have you ever stepped foot into the senior center? My mother attends lunch on occasion and all employees there are seniors themselves and getting anyone to answer the phone correctly seems like a small fete some days let alone organizing county forms and programs

[dtwarren]

Specifically:

§ 13-3. Standards of conduct.



Every official, officer and employee of the Town of West Seneca shall be subject to and abide by the following standards of conduct:

A. General prohibition. A Town official, officer or employee shall not use his or her official position or office to take or fail to take any action in a manner which he or she knows or has reason to know may result in a financial benefit or interest for any of the following persons or entities:

(1) The Town official, officer or employee;

(2) His or her outside employer or business;

(3) A member of his household;

(4) A customer or client; or

(5) A relative.

B. Recusal. A Town Board member, official, officer or employee shall promptly recuse himself or herself from acting on a matter before the Town when acting on the matter or failing to act on the matter may provide a financial benefit to the persons or entities listed in § 13-3A above. A Town Board member shall promptly recuse himself or herself from voting on the appointment, hiring, or other matter involving a person or entity described in § 13-3A above.

The penalties that may be imposed for this violation are:

§ 13-4. Penalties.

A. In addition to any penalty contained in any other provision of law, a violation of this chapter may result as follows:

(1) Forfeiture of pay, suspension or removal from office. Any violation of the provisions of this chapter shall constitute cause for suspension or removal from office or employment or such other disciplinary action as the Town Board may consider advisable, after an executive session, pursuant to the law currently in effect.

(2) Avoidance of contracts. Any contract knowingly entered into by and/or with the Town or any agency thereof in which there is an interest or financial benefit prohibited by this chapter shall be null, void, and wholly unenforceable.

B. Actions not constituting violations. No action expressly or impliedly permitted under Article18 of the General Municipal Law shall constitute a violation of this chapter.

[Frank Broughton]

This board is being monitored by local politicians.

Good - now hear this local politicians. You idiot morons have destroyed our fine community.

[dtwarren]

Hopefully, at least the minimum is done. is there a Board of Ethics seated in West Seneca? If so, can any of your residents request that this matter is looked into?

One was establshed in December 2009 that replaced our prior ethics code that did not provide for such a board:

§ 13-9. Creation of Board of Ethics; composition of membership; conditions of membership.

A. A Board of Ethics is hereby established, pursuant to Article 18, Section 808, Subdivision 3 of the General Municipal Law. The Board shall be composed of seven members, two members to be appointed by each member of the Town Board. A member of the Town Board shall not appoint himself or herself, nor any other current Town Board then serving the Board of Ethics. The seventh member of the Board of Ethics shall be the Town Clerk. The members of the Board of Ethics shall be residents of the Town of West Seneca, and only one member shall be a current Town official, officer or employee. The Town Attorney, representing the Town, shall be an ex officio member of the Board of Ethics without the power to vote.

B. Advisory opinions. Upon written request of any Town official, officer or employee, the Board of Ethics established herein shall render advisory opinions regarding this chapter of Ethics or the provisions contained in Article 18 of the New York State General Municipal Law. The Board of Ethics shall also make recommendations as to any amendments to this chapter upon the request and majority vote of the Town Board. The opinions of the Board of Ethics shall be advisory and under no circumstances shall the identity of the Town officer, official or employee be disclosed except to authorized persons and agencies or pursuant to a court order.

C. Rules and regulations. The Board of Ethics, upon its formation, shall promulgate its own rules and regulations as to its form and procedures and shall maintain appropriate records of its opinions and proceedings.

D. All recommendations, advisory opinions, and rules and regulations of the Board of Ethics shall be kept in the Town Clerk's Office.

The board members were advise by the Town Attorney to name two members each back in January.

[buffguy123]

DT is there Legal ways we can get this looked into? Where do we go?

[notsg]

I'm no longer supportive because after watching her for almost one year, I find her to be incapable of doing her job. She is spending money like a drunken sailor and I'm afraid she is in way over her head. I never asked for anything nor wanted anything from either Wally or Sheila. But I have come to realize that you were asked to put doubt in the minds of residents against Wally, so that Sheila would have a better chance of winning. The only thing I can say about Wally, was that he promised the taxpayer that he would reduce the budget and cut waste and that is what he did.

Really, Truth? You're no longer supportive of Meegan after watching her for a year? Do you really think the one hundred posts you put up here last campaign season disappeared? You supported Wally and criticized Sheila.

[truth seeker]

I did support Wally because he did what the taxpayers wanted him to do and that was to cut spending. But I wanted to give Sheila a chance once she was elected. I felt she was in over her head but maybe she could pull it off. Unfortunately, she can't and is heading for a complete melt down. In the end, my choice of Wally would have been a better one.

[Frank Broughton]

Time to end local village and town governments in NY. The constant abuse by locals has made in imperative.

[dtwarren]

DT is there Legal ways we can get this looked into? Where do we go?

At this point in time the Town Board put an end to this self-approving overtime, whether she is allowed overtime or not. The next step is to see what is done to:

a) recoup the overtime paid, and impose such other disciplinary measures as necessary;
b) put policies and procedures in place so this does not occur again in this or any other department;
c) to identify if it is currently happening elsewhere and to put an end to it there as well;
d) enforce the town ethics code.

I believe they should be afforded the time to prove themselves to be good stewards of the public fisc or not.

[buffguy123]

Good Ideas DT.