Supervisor Meegan and Councilmembers Rusinski & Hart,
I am writing in regards to the overpayments made to Linda Kauderer and Mary
Josefiak.
Linda Kauderer, as you know, was being paid to work a position that did not
exist, that she was no appointed to, and that out of title pay was never
authorized by the appointing authority as required by CSL 61.2 for the period of
2009 through August 2011.
Mary Josefiak, approved her own overtime for the period of January 1, 2012 to
approximately August 2012 in violation of Town Code 13-3(A)(1). Therefore
regardless of whether or not she was overtime eligible these payments were made
in violation of law.
A town is obligated by N.Y. Const. art. VIII, § 1 to recover overpayments to
employees because they would otherwise constitute impermissible gifts of public
funds. Since the elimination of the position of the Town Comptroller's office
the duty of auditing claims was transferred back to the Town Board. The Labor
Law specifically exempts governmental agencies from the proscription placed upon
employers from making payroll deductions. (Labor Law, §§ 190, 193.).
I respectfully request that you determine the amounts improperly paid to Kauderer and Josefiak and take the necessary steps to secure the recoupment of
these sums from them.
Daniel T. Warren
“We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson
That's funny gorja, taxpayer advocate on a town board...
I thought Lancaster had odd ways, I cannot believe that Kauderer did not pay that
back, to me that would be unethical. Do you have a board of Ethics in place?
Not only has Linda Kauderer been overpaid $90,000.00, or more. There is also the clerk in the supervisors office and the other clerk in the comptroller's office, paid out of title pay 2008-2012. If, they were paid for all hours, even benefit hours, vacation, holidays, and sick time? Out of title pay is for, actual working hours, not down time. This adds up to thousands of dollars. The two clerks in the comptroller's office were paid out of title for all their hours from 2008-2010. I have seen their earnings history, through freedom of information act. I can't help but wonder about the clerk in Wally's office, was she also paid out of title for all her hours. If, all these people were overpaid, what happens to their retirement calculations for these years. They will be earning retirement dollars on these ill-gotten monies, taxpayer dollars. Will the town ever see any of this money back? Has any of the board members actually checked, all, out of title pay, during Wally's reign? He and Mr. Bielecki were approving time sheets without even an understanding of what they were signing. That's how Ms. Kauderer's pay got so out of hand, they signed the time sheet, put in front of them, by their employees. We as taxpayers paid for ill-gotten monies while these people were employed and we will keep paying after they retire, unless they are made to pay back the town and their retirement calculations corrected. Ms. Kauderer's retirement could actually be one of highest, more than most department heads. This will go on and on, our children could end up paying for their retirement benefits.
M. Bielecki
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