New Hartford bookkeeper's pension jumped 29% in '09

Adjustment made after town notified state of need for change

By ELIZABETH COOPER

Posted Jul 19, 2010 @ 08:21 PM

Last update Jul 19, 2010 @ 08:42 PM

NEW HARTFORD —

Not only did town Bookkeeper Carol Fairbrother begin receiving a pension three years ago allegedly without the knowledge of top town officials, but that pension jumped in size by nearly $10,000 last year, state officials said Monday.

Fairbrother had filed retirement papers in 2007 and began collecting a pension, even while she continued to work for her regular salary, the O-D reported Sunday.

On Monday, data provided by the state Comptroller's Office show that in November 2009, Fairbrother's pension jumped 29 percent. It went from $33,156 per year to $42,696 after the town notified the state of an adjustment in her compensation, the state Comptroller's Office said Monday.

Why?

Possibly because of $71,544 in back overtime that Fairbrother was paid in late 2008, town Supervisor Patrick Tyksinski said Monday.

That back overtime, combined with her pay and her pension, made for quite a lucrative 2008 for Fairbrother.

The town bookkeeper's total take that year? $161,665.

Now, with Fairbrother's pension much larger but without the one-time overtime payment, her pay and pension this year are expected to reach $100,000. Of that, $58,714 is her regular pay.

It is not clear why top town officials say they were not aware that Fairbrother has been collecting both salary and a pension since 2007, particularly since the state Comptroller's Office said it was the town that notified the state last year of the need for a pension adjustment.

The O-D has filed Freedom of Information Law requests for town documents that might provide insight.

The overtime payment in 2008 covered hours worked from 2002 to 2007, so although she got the money after her 2007 retirement, the pay was earned before that time. Therefore, it could have counted in her pension calculations, Comptroller's Office spokesman Mark Johnson said Monday.

Johnson said only $61,850 of the overtime payment was calculated into the Comptroller's Office figures, but that would have been enough to bring the substantial increase to Fairbrother's pension.

How it happened

In 2007, Fairbrother filed her retirement papers with the state Comptroller's Office. Because she was over 65, it is legal for her to work in the same job she had before she retired for the same pay, Johnson said.

She should, however, have formally retired from the town and then been rehired, he said.

There is no evidence that happened, according to town officials and meeting minutes.

Tyksinski said Town Attorney Herbert Cully had been in touch with an attorney with the state Comptroller's Office to determine if there had been a legal breach.

“Herb got told that it was of little significance,” he said. The town has written for a written opinion from the Comptroller's Office clarifying the issue, however.

Tyksinski said he attempted to reach Town Personnel Officer Barbara Aiello Monday afternoon about the issue but could not do so.

Aiello has said she will not speak to the O-D about the matter, because she is named in a citizens' group's notice of claim about the pension matter.

Tyksinski said he has no intention of removing Fairbrother from her job because of the situation.

“If she is doing the same job and doing it well, what is the reasoning?” he said. “Just because she is collecting her New York state retirement?”

Both Fairbrother's retirement and the overtime payment came under Tyksinski's predecessor, Earle Reed.

Reed said last week he had not been aware of Fairbrother's retirement.

Issue at a glance

2007:New Hartford town Bookkeeper Carol Fairbrother officially retires, making her eligible for a $33,156 pension. But she continues in her town position, which by 2010 will pay her $58,714 yearly.

2008:Fairbrother is awarded $71,544 in back overtime earned between 2002 and 2007. That, her regular 2008 salary and her pension bring her total pay for the year to $161,655, records show.

2009:The town notifies the state Comptroller’s Office of an adjustment in Fairbrother’s compensation, likely the back overtime paid the year before. The adjustment boosts her yearly pension from $33,516 to $42,696.

2010:Fairbrother’s 2007 retirement comes to light, and multiple town officials claim they did not know she was earning both a pension and her regular salary. Questions are raised about whether proper procedures were followed back in 2007.