Sent via Email to:          Town Supervisor Earle C. Reed
                                    Town Councilman Robert A. Payne, III
                                    Councilman Richard Woodland
                                    Town Councilman David Reynolds
                                    Town Councilwoman Christine Krupa
                                    Town Attorney Gerald Green
                                    Frank Basile, CPA & Town Financial Consultant

Hand Carried To:        Gail Wolanin-Young, Town Clerk & Records Officer

From:                           Cathy Lawrence & Edmund J. Wiatr, Co-Founders
            Concerned Citizens for Honest & Open Government

Date:                            March 16, 2009

Subject:                        REQUEST FOR STATUTORY AUTHORITY ALLOWING FOR PAYMENT OF OVERTIME TO MS. CAROL FAIRBOTHER –                                     TOWN BOOKKEEPER IN THE AMOUNT OF $71,544+

At the December 10, 2008 Town Board meeting, New Hartford Town Board Officials approved a payment of approximately $71,544 to Ms. Carol Fairbrother, Town Bookkeeper pursuant to Board Resolution 325 of 2008 authored by Town Attorney Gerald Green.  Councilman Reynolds offered the above Resolution for adoption; seconded by Councilman Payne.  The Board Resolution was declared unanimously carried and duly ADOPTED at that meeting.   (SEE ATCH A)

Concerned Citizens For Honest & Open Government (CCFHOG) researched prior town board resolutions regarding Ms. Fairbrother’s bookkeeping job and found the following facts:

• The Adopted Town Board Resolution 200 of 1999 as incorporated into Town Board Minutes dated June 10, 1999 specifically addressed the appointed position of Ms. Carol Fairbrother, her duties, appointment, remuneration and specifically, her non-entitlement to both overtime and compensatory time.  (SEE ATCH B)

• According to the annual Organizational Meeting minutes, the New Hartford Town Board has adopted Robert’s Rules of Order.  Pursuant to Robert’s Rules of Order,  “Any vote taken by an assembly…may be rescinded by a majority vote, provided notice of the motion has been given at the previous meeting or in the call for this meeting; or it may be rescinded without notice by a two-thirds vote, or by a vote of a majority of the entire membership.   (SEE ATCH C)

• Town Clerk (Gail Wolanin-Young) certified that she “did not locate any Resolution adopted by the New Hartford Town Board that amended, repealed, rescinded or otherwise changed Resolution 200 of 1999 as it relates to Carol Fairbrother’s job duties and associated salary”.   (SEE ATCH D)

• Ms. Fairbrother’s bookkeeper job is an EXEMPT position pursuant to the County of Oneida job description maintained at the Commissioner’s Office, County Office Building, 800 Park Avenue, Utica, New York.  Upon request, the New Hartford Town Clerk provided to Concerned Citizens said job description that was provided to her by the Town of New Hartford Personnel Director.  (SEE ATCH E)

• New York State Civil Service Law, specifically, CSL § 41 and CSR § 2.1 is the recognized authority that underpins an Exempt Class of employees. (SEE ATCH F)

• A Talk of the Towns brochure dated November/December 2005 featured an article entitled “Understanding Civil Service Classifications”.  Specifically, information on page(s) 2 and 3 (paragraphs outlined in red in the attached brochure) further provides ample evidence that underpins the town’s illegal payment to Ms. Carol Fairbrother for both overtime paid (cash wages) and too, compensatory time (time-off).  (SEE ATCH G)

Accordingly, the facts in this illegal payment of overtime and too, the granting of a benefit of compensatory time where none exists begs the question, “How could this payment be effected?”  Also, where was the due diligence required of Town Board Officials; Town Attorney Gerald Green; Frank Basile, CPA and Town Financial Consultant; and too, Carol A. Fairbrother, Town Bookkeeper?  The above facts are indisputable as they relate to Civil Service Exempt town employees who are appointed without being subjected to examinations or minimum requirements prior to appointment.

Equally egregious in the entire matter was the payment of approximately $3,400 in legal fees paid to Gerald Green, Esq. who serves as town attorney (Vice: Fairbrother) from January 2006 through December 2008 even though the New York State Office of State Comptroller routinely provides free advisory opinions subsequent to receipt of the issue(s) presented.

Adding insult to injury, Town Attorney Green solicited [yet] additional legal services (invoices totaling $2,000+) from Michael Sciotti, Esq., Senior Partner in the law firm of Hancock and Estabrook.  (SEE ATCH H)

Attorney Sciotti’s purported legal opinion concerning the status of Ms. Carol Fairbrother is flawed in that it does not comport with the known duties of Ms. Fairbrother nor does it give rise to the facts outlined above. (SEE ATCH I)   It should be noted that Mr. Sciotti’s specialty is labor law; however, he failed to take into account that town employees are covered under Civil Service Law.

The entire Town Board , and in particular Town Councilwoman Christine Krupa who is a New York State Licensed Certified Public Accountant as well as a New York State Licensed Attorney, and Councilman Richard Woodland who was present and voted “aye” on Resolution 200 of 1999, failed to exercise due diligence on behalf of the Town of New Hartford residents and taxpayers they were elected to represent.

Concerned Citizens For Honest & Open Government, an advocacy group for Town of New Hartford taxpayers, would like an explanation as to how town officials will correct this misappropriation of town funds.

We respectfully request a written response as to the corrective actions to be taken in light of the information provided herein.

Sincerely,

Cathy Lawrence & Edmund J. Wiatr, Co-Founders
Concerned Citizens for Honest & Open Government
http://www.nhconcernedcitizens.com

Atchs:             (A) Board Resolution 325 of 2008 – Town Board Minutes 12/10/08
                        (B) Town Board Resolution 200 of 1999 – Town Board Minutes 6/10/99
                        (C) Roberts Rules of Order – Section 37
                        (D) Town Clerk Certification dated March 2, 2009
                        (E) Job Description of Bookkeeper
                        (F) New York State Civil Service law – Exempt Class
                        (G) Pamphlet – Understanding Civil Service Classifications
                        (H) Invoices of Michael Sciotti, Esq. (Hancock & Estabrook)
                         (I)  Attorney Sciotti’s Opinion Letter