I find it necessary to inform the good people of the Town of
Alma of a current situation that has inflicted our town. Serious ramifications
lay ahead if not addressed. As you may or may not be aware, the Town of Alma
has been involved in litigation both with its former highway superintendent and
a former employee who was terminated for just cause under the collective
bargaining agreement. As to the first case, the former highway superintendent
was keeping proceeds from scrap that had been generated from town vehicles thru
maintenance and scrap that has been picked up alongside of the town’s roadways
while on town time. These monies are required to be returned to the town as per
New York State Comptrollers directive. They can then be distributed as the town
sees fit. His refusal to do so resulted in the town putting in a claim with the
town’s insurance company (NYMIR) for the lost revenue. Under NYMIR’s policy,
they investigated the claim and paid the town. Keep in mind, insurance
companies do not pay out claims if they can avoid it. However, in doing so
NYMIR concluded that the former highway superintendent committed a dishonest
act; and for that, he had lost his bond under the policy. The bond is required
under NYS town Law 25.
Therefore, the town required that the former superintendent
of highways obtain a new bond which would be acceptable to the town, which he
was unable to do. That issue brings us to the current litigation, which was INTITATED
by the former highway superintendent. He requested that the court decide if, in
fact, he is the highway superintendent or if the position had been vacated by
operation of law.
Secondly, the town terminated a probationary employee over a
year ago under its rights to do so under its collective bargaining agreement
with the union. The probationary employee was let go and was instructed not to return
to the work facility any longer. The former highway superintendent was also
given a copy of the letter instructing him to see that it be carried out. The
terminated employee refused to comply with that request. The former highway
superintendent also decided not carry out the directive. For over one year that
former employee continued to come to work. How is that possible? How many of us
would be so Bolden to do that to an employer? Has it become an entitlement to
have a position with the highway department? Not only that, why would the
former highway superintendent continue to allow him to come to work and put the
town’s liability on the line ahead of the taxpayers’ interest? Of course, the
town had not continued to pay him. The former employee and the union
filed for arbitration regarding his termination. Not only did they lose that
arbitration on the town’s right to terminate the employee but also lost a prior
issue wanting an interim settlement. These are legally binding decisions.
However, the former highway superintendent continues to allow him come to work.
Far too long the Town of Alma has been taken advantage of in the past. The
good, hard-working tax payers have been on the hook for the resulting costs.
They have been kept in the dark as to the doings that went unnoticed and
unchallenged for years. Whether it’s been scrap funds kept and used for
personal use, unchecked time and attendance of vacation days, sick days used
well above the allotted amounts allocated to them, no-show work days that were
paid, and no clocking in or out. This has cost the taxpayer 44,000 dollars lost
exposure. How many of you can have this wild ride with your employer and have
no ramifications? Many of you have also been aware of a campaign against the
town officials on social media by a small group of supporters of the former highway
superintendent and the former probationary employee. Social media posting by
this group goes unchallenged. Its primary purpose is to sow discord and
misinformation. I am presenting you with the FACTS. Some members of this board
have nothing to gain in this fight. We are just doing what any reasonable
person with fiduciary responsibilities would accept from their representatives
in such circumstances. But it only gets worse. Newly-elected members of the
board have deemed that the unchecked ways of the past must continue. They have
tried to enact illegal resolutions and are conducting back-door negotiations
with highway personnel. They are working with the union that represents the highway
workers, as well as with the union’s counsel. And yet, they claim to be
representing YOU! That only empowers the bad actors. There is no regard for the
consequences of their incompetent ways. Here is the current list of resolutions
that they want to enact on your behalf as taxpayer:
1. Create a third position on the highway department. (The
current budget does not allow for this position due to cuts at the state level and
no revenue source to support it.)
2. Immediately reinstate the former terminated employee.
(The arbitrations that were won by the town are legally standing and cannot be
erased.)
3. Move money already allocated in the 2020 budget to
support the third position. (The budget is final and there is no revenue stream
to support the position.)
4. Hold the town supervisor personally responsible and place
fines on him should he not follow thru with the resolution. (The Supervisor is
not obligated to follow unlawful resolutions, and must keep the taxpayers’
interests ahead of personal interests.) He cannot be subject to blackmail.
Do any of these resolutions sound like they are in the
interest of the entire Town of Alma taxpayers, or are they in the interest of
the union and its two union members?
In closing, I’d like to say that the Town of Alma is
currently debt free! We are represented by a group of the best lawyers!
Currently, the town is represented in litigation by lawyers assigned to us by
our insurance company. We are on solid ground with all litigation issues, at no
cost to the taxpayers. If we would follow thru on any of these incompetent and unlawful
demands by some board members pushing for them, the consequences would result
in destructive financial policies to the town.
Such policies would result in you losing the tax rebate that
you received for the past 4 years because it would push the Town of Alma over
the 2- percent tax cap.
To concede to these demands, we would need to borrow money
to create that third position with no revenue to back it. With that, the most consequential
would be well over 210,000 dollars that these board members would like
taxpayers to incur (the town would need to pay this amount out of pocket). As
the result, we would lose all representation from the attorneys assigned us
because they want us to put the interest of two individuals and their friends
first rather than that of the hard-working taxpayers. Thus, causing the town of
Alma to go bankrupt and insolvent. Then who really wins? I will continue to put
Alma’s taxpayers FIRST!
Ladies and gentlemen, I will continue to fight for your
interests first and will not allow the past practices to be a precursor of the
future. This is what push back on YOUR behalf looks like! The next town board meeting
is March 3rd. Please show your support for your town and those fighting for
you.
Sincerely,Vincent BockDeputy Town of Alma Supervisor
Sincerely,Vincent BockDeputy Town of Alma Supervisor
