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Thread: There are those that talk the talk

  1. #31
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    Quote Originally Posted by dtwarren View Post
    and those that walk the walk. Over the past several years and particularly since the 2005 Erie County Budget debacle I have been calling on our leaders in the County, the State and the Town of West Seneca to comply with various law. Some of these demands have fallen on deaf ears and the time for talking has turned to a time of action.

    On August 21, 2009 David Monolopolus and I have filed a lawsuit in New York State Supreme Court, Erie County against NANCY G. GROENWEGEN as President of the New York State Civil Service Commission, and THOMAS P. DINAPOLI as Comptroller of the State of New York, and DAVID A. PATERSON as Governor of the State of New York, and CHRIS COLLINS as County Executive of the County of Erie, New York; and ERIE COUNTY, NEW YORK; and CHAIR OF THE ERIE COUNTY CITIZENS’ BUDGET REVIEW COMMISSION; and ERIE COUNTY MEDICAL CENTER CORPORATION; and RALPH M.MOHR AND DENNIS E.WARD as constituting the Erie County Board of Elections;
    and PATRICIA DEPASQUALE as the Town Clerk of the Town of West Seneca, New York; and THE TOWN OF WEST SENECA, NEW YORK. This action has five causes of action: 1) attacking illegal provisional appointments of public employees; 2) compelling the Erie County Citizens’ Budget Review Committee to meet and hold its meetings as required by the Erie County Charter; 3) a challenge to the West Seneca Town policy of extending payments in-lieu of health insurance to elected and appointed town officers not covered by a collective bargaining agreement as unauthorized; 4) challenging the process in which absentee ballots were issued in the June 3, 2009 West Seneca special election and requiring that it be done correctly from here on out; 5) seeking a declaration as to the effective date of the West Seneca downsizing.

    Currently the defendants are being served and depending on when and how they are served will be required to answer the complaint within 20 or 30 days of being served.

    A copy of the complaint is attached to this post.
    The same situation exists in Hamburg

  2. #32
    Member dtwarren's Avatar
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    The State Defendants have moved to dismiss the first cause of action challenging the civil service provisional appointments that have unlawfully lasted more than nine months (some have lasted more than 12 years). This will currently be heard December 3, 2009 by Judge Siwek.
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

  3. #33
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    How do people find

    If a regular resident wanted to find out who in their Town was hired, "Provisionally" - how could they find this info?

    I believe that would help people understand how and who is abusing the system. Most people don't understand many points of your suit. You have legal knowledge - it seems second nature to you.

    Maybe you could explain to us all - in layman's terms - what your trying to do and why?

    Education is key - help us learn!
    #Dems play musical chairs + patronage and nepotism = entitlement !

  4. #34
    Member dtwarren's Avatar
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    I will put together something on Civil Service appointments later today.

    However, this motion has been adjourned from December 3 to January 21.
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

  5. #35
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    Typical

    I would imagine your request has merit - or they would have shut you down. They have to dig through enough precedents until they can justify their actions - but, I am sure you understand the system better than I do !

    It seems you have your fingers in many issues - I do respect that. More people should get involved. As you know, I don't agree with every point - nor does that change your coarse. I don't for a minute believe an exchange of opinions should ever end future exchanges.

    I believe from what I read about you that you have followed a taxpayer mindful agenda. I also think you could help educate others. By posting as much info as we can, it helps all of us increase awareness.

    Good Luck!
    #Dems play musical chairs + patronage and nepotism = entitlement !

  6. #36
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    Nevertheless DT, keep on shooting. With enough "small arms fire" maybe we'll tumble those castle walls once and for all.

    Hats off to you!

    If, for one, beleive that change must start at the base and move upstream, in this case.
    Gene Chaas
    Coordinator, NY Modern Whig Party
    www.nywhig.org
    www.modernwhig.org
    With the power of soul, anything is possible. - JMH

  7. #37
    Member dtwarren's Avatar
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    Quote Originally Posted by dtwarren View Post
    The remaining causes of action challenge acts by the State, County, and Town level on unlawfully paying wages to employees holding provisional appointments in excess of the 9 month limitation in the the Civil Service Law; compelling the Erie County Citizens Budget Review Committee to carry out its functions and duties as required by the County Charter an lastly challenging the Town practice of making payments to elected and appointed town officers not covered by a collective bargaining agreement in lieu of them taking the health insurance offered by the town.
    Just a brief update. In early 2013 the cause of action compelling the Erie County Citizens Budget Review Commission was settled ( http://wnymedia.net/2012/07/will-pol...et-commission/ ).

    Recently, a settlement has been reached in regards to the issue of retaining provisional appointments in excess of 9 months. The action will be dismissed on stipulation without prejudice and the NYS Civil Service Commission will be required to, among other things, commit 20% of the exams it gives each year to titles that have provisional appointments in that title for more than 9 months; They will also have to make public a report on provisional appointments and their progress in reducing them on at least an annual basis.

    In the time that this action has been commenced the number of provisional appointment in the State Civil Service has steadily declined and I see more and more tests are being given for titles that have not been tested in over a decade.
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

  8. #38
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    Bravo
    #Dems play musical chairs + patronage and nepotism = entitlement !

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