McCracken reappointed as General Crew Chief

[WNYresident]

When you break it all down - "Politics" is a "Employment" opportunity - it wasn't supposed to be that way.

And in many cases they are paid top dollar.

You sort of see why Jim Ostrowski calls it the "political" class. Lot of the regular players believe they are entitled to it.

[reformthi$]

bunch of us guys were fishing at westwood
man that park looks rough
last year it look good

how is terry boy doing in his new role

[reformthi$]

At Tuesday evenings Lancaster Town Board meeting, Terry McCracken was reappointed Parks, Recreation, Forestry, and Building Crew Chief at a listed salary of $73,571. His appointment was approved by a 4-1 vote, as Supervisor Dino Fudoli had voted “no” declaring he was unable to fully participate in the review and appointment process as he did not have enough time to interview the all of the prospective candidates.

Resident Mike Fronczak questioned the town board on McCracken’s ability to serve the town in full capacity when he was now elected to an Erie County Legislator position. “How is that going to work with him holding two government positions?”

Supervisor Fudoli requested McCracken’s permission to openly speak on some of the details he and McCracken have been negotiating that would allow McCracken to serve in both positions.

Fudoli: “We met a week ago and made out a schedule taking into consideration the Legislative schedule. There are 24 legislative meetings scheduled for the year. So we came to an agreement where he would use the three weeks of vacation he has coming and the three personal days to fill the legislative obligation.”

“He will dispose of the town’s insurance coverage and sign off on the stipend that is not normally paid to those not taking the town provided health care coverage. We have not worked out all the details yet, but we are heading in the right direction.”

“We will put some controls in place so that Mr. McCracken will still serve the town in full capacity; some reasonable system that shows that when he is on town time he is actually on the scene working.”

“I am enthusiastic above the meeting we had and the direction we are taking and that the taxpayers will be served. I believe that we are working together to come to some kind of agreement that everyone will be happy with.”

this guy -- mccracken, is he responsible for the bike path
if so, went running with some friends yesterday and noticed
these sections that have boulders overcome with weeds...

is it suppose to be a garden or what
is that part of the maintenance of the bike path
or is that part of someone elses responsibility

[WNYresident]

this guy -- mccracken, is he responsible for the bike path
if so, went running with some friends yesterday and noticed
these sections that have boulders overcome with weeds...

is it suppose to be a garden or what
is that part of the maintenance of the bike path
or is that part of someone elses responsibility

Don't blame him. It's tough being a county legislator, involved in your political party and a crew chief...

[4248]

When the cats away!!!!!!!!!

When you look at the overall management of the Parks Department - the true problems become obvious. What you have is a handful of High School Buddies/Dem Committee Players and Sons of Patronage. Aside from their inherited feelings of entitlement - their untouchable attitudes - you have many second front workers. "Second Front" means a worker who has out side employment - some have their own businesses to attend to.

Within the ranks of our tax funded Town workers - we have quite a few. They seem to come and go as they please - as County Leg McCracken does. Its easy when you are a "Leader/Supervisor" or in some cases "Crew Chiefs" - you would think crew chiefs actively supervise or even work side by side with their crews - not factual.

I would hope as time passes this Will be another area our new Supervisor can address. Unlike in private industry - political jobs or departments rarely are judged on cost benefit or productivity levels.

[ichingtheory]

this guy -- mccracken, is he responsible for the bike path
if so, went running with some friends yesterday and noticed
these sections that have boulders overcome with weeds...

is it suppose to be a garden or what
is that part of the maintenance of the bike path
or is that part of someone elses responsibility

Westwood Park looks terrible lately. People are really starting to notice the decline. New trees that were planted have weeds from the bottom up that in some cases are as tall as the little trees. In the past, they always trimmed around but now....

[reformthi$]

Westwood Park looks terrible lately. People are really starting to notice the decline. New trees that were planted have weeds from the bottom up that in some cases are as tall as the little trees. In the past, they always trimmed around but now....

who is watching over this dude

[barbbark]

I am unfamiliar with the particulars of this situation, but there does seem to be precedent and legal recourse to "throw the bum out" as the saying goes. It truly is a shame when a person can violate the public will and can take double of our tax dollars.

I believe the following four-part analysis may be used to determine whether holding a second public service position violates the law:
1. Are both positions lucrative offices?
2. Would holding both positions violate the constitutional doctrine of "separation of powers" under the New York Constitution
3. Are the positions incompatible and would holding both create a conflict of interest or a public policy concern?
4. Does a federal, state or local law or regulation prohibit the simultaneous holding of both offices or a job appointed by a political body?

In New York State this is set forth in Article 18 of the General MunicipalLaw. That law applies to all officers and employees, whether paid or unpaid, of every municipality in the state, except New York City. Thus, Article 18 applies not only to political subdivisions—counties, cities, towns, and villages—but also to, for example, schooldistricts, fire districts, county improvement districts, recreational departments, BOCES, urban renewal agencies, and public libraries. The compatibility of some public offices is expressly governed by provisions in the consolidated laws, in particular restrictions on holding both an elective and appointive office in the same municipality.

For example, a member of a county board of supervisors may not serve as a county administrator (only the chair may do so) or county manager; and an elected or appointed county executive may not hold another elective office, with certain exceptions. Similarly, a common council member may not hold any office paid for with city funds. Nor may a member of a town board serve on the town’s zoning or planning board; the same rule applies to a member of a village board of trustees.

To me, his dual roles does seem to fit into this criteria. I wonder why the Board would allow him to keep two jobs while working, or lack thereof, for the Town. Why not just replace him ? I am sure there are qualified replacements somewhere in our Town.

[shortstuff]

In reflecting on the salary that Terry McCracken has:

In January 2009 his salary was: $61,971 {$63,830} (unsure what the additional amount was)

In January of 2011: $73,571.00

Difference is $11,600.

$73,000 Parks
$43,000 Legis

Total $116,000

Significant when you consider that he is suppose to work for the Parks full time.

Last question or just thought. What if Terry wanted to take a vacation? Is that without pay then since he will devote his vacation pay to the Legis?

Disclaimer: This information is for public knowledge as taxpayers we are privy to this information.

Barbbark,

Great post you have there. I agree with all you have indicated regarding "conflict of interest" statement you made. Unfortunately, the taxpayers have questioned the validity and ethical aspects of these two positions that Terry McCracken has as he receives taxpayer funded benefits.

It was looked into according to many posters regarding the ethical guidelines under the Muncipal Law, unfortunately this position borderlines the laws. It is viewed unfavorably but still appears to be within the guidelines.

From what I understand is that this issue has been brought to the town board level at a meeting and was addressed by many citizens in Lancaster. That being said, I believe that the duties set forth need more structural clarification to justify these positions/salaries/duties so that the taxpayers can accept this double duty positions.

[4248]

If the Lancaster Board of Ethics were empowered - could they or would they be allowed to see Erie County Leg/Lancaster Parks Boss's financial disclosure statements????

Would they have the right to question his actual work duties/hours and outside business involvements????

Would they have the right to request the same from other elected,appointed and or tax funded Town Employees??????

[gorja]

I am unfamiliar with the particulars of this situation, but there does seem to be precedent and legal recourse to "throw the bum out" as the saying goes. It truly is a shame when a person can violate the public will and can take double of our tax dollars.

I believe the following four-part analysis may be used to determine whether holding a second public service position violates the law:
1. Are both positions lucrative offices?
2. Would holding both positions violate the constitutional doctrine of "separation of powers" under the New York Constitution
3. Are the positions incompatible and would holding both create a conflict of interest or a public policy concern?
4. Does a federal, state or local law or regulation prohibit the simultaneous holding of both offices or a job appointed by a political body?

In New York State this is set forth in Article 18 of the General MunicipalLaw. That law applies to all officers and employees, whether paid or unpaid, of every municipality in the state, except New York City. Thus, Article 18 applies not only to political subdivisions—counties, cities, towns, and villages—but also to, for example, schooldistricts, fire districts, county improvement districts, recreational departments, BOCES, urban renewal agencies, and public libraries. The compatibility of some public offices is expressly governed by provisions in the consolidated laws, in particular restrictions on holding both an elective and appointive office in the same municipality.

For example, a member of a county board of supervisors may not serve as a county administrator (only the chair may do so) or county manager; and an elected or appointed county executive may not hold another elective office, with certain exceptions. Similarly, a common council member may not hold any office paid for with city funds. Nor may a member of a town board serve on the town’s zoning or planning board; the same rule applies to a member of a village board of trustees.

To me, his dual roles does seem to fit into this criteria. I wonder why the Board would allow him to keep two jobs while working, or lack thereof, for the Town. Why not just replace him ? I am sure there are qualified replacements somewhere in our Town.

Also, I had thought his running for election to the Erie County legislature was a violation of the Hatch Act. Never heard anything from the Office of Special Counsel regarding the complaint. Also, his wife is on the Lancaster planning board and the chairman of erie county sewer district #4 board. Both are unpaid positions. The 4 dems on the town board will never not reappoint him as crew chief. If it wasn't for Fudoli, McCracken wouldn't be using benefit time on days he's at the legislature and prohibited from using town vehicles for his legislative duties.
http://www.speakupwny.com/forums/sho...l=1#post849450

[reformthi$]

just got back from fishing at westwood
wow, the swing areas are filled in with nice mulch
for the first time in years, it is starting to look up folks..bring the kids now so they can swing without hitting the weeds

i looks like the new sup is cracking the wipe

also the bike path, notice the beds are nicely mulched too, can see the flowers
good job mccracken..

[4248]

Please - any work (Labor) actually being performed is the result of the actual employees who care. Many are glad T.M. is slowly disappearing - they only wish he would take more of his "Party Buddies" with him so they can stop having to do their work. Many Town and Village employees are sick of "Politics" controlling their jobs and future promotional chances.

The actual "Workers" don't enjoy knowing their loads are increased by those who abuse their perceived authority and Party Status.

[gorja]

It really would have been nice if the park's crew would have had the goose poop cleaned up for All-star game Saturday at Westwood. It's not like they're busy mowing.

[reformthi$]

that's funny, they say that the geese have rights too.... .