TOWN OF ALMA
RESOLUTION NO. _____________
Whereas, attorneys for Daniel Ford,
who claims to be the Town of Alma Superintendent of Highways, have questioned
whether the Town Board had accepted bonds submitted to the Town Board by Mr.
Ford in March and April 2019, and
Whereas, the Town Board wishes to
memorialize its conduct and findings relative to the issues surrounding the
bonds, it is
Resolved, that the Town Board for
the Town of Alma memorializes and confirms the following findings of fact relative
to Daniel Ford:
1.
That Town of Alma officers and employees
discovered, on or about August 16, 2018, that Daniel Ford, as Highway Superintendent for the
Town of Alma, committed theft or dishonest acts as a result of his and the Highway
Department’s sale of scrap metal and failure to turn over the proceeds of such
sales to the Town of Alma in timely fashion as required by New York Town Law §
27.
2.
On or about August 30, 2018 and January 10,
2019, the Town of Alma’s Town Supervisor Ronald Staedt arranged for and
submitted proofs of loss outlining Daniel Ford’s theft or dishonest acts, seeking
the recovery of the money from such sales of scrap metal, from Town of Alma’s
insurance company, New York Municipal Insurance Reciprocal (“NYMIR”). The Proof of Loss, dated January 10, 2019,
was executed by Ronald Staedt in his capacity as Town Supervisor and sworn to
in front of the Town Justice for the Town of Alma, David R. Stilson.
3.
In January 2019, NYMIR paid the Town $ 2,509.32,
representing the claimed amount less a $ 500.00 deductible, and which payment
was made pursuant to NYMIR’s Municipal Crime Policy no. MPLTAMA001.
4.
Following NYMIR’s payment and correspondence
between the Town Supervisor and NYMIR’s auditors, the Town Board concluded that
the NYMIR Municipal Crime Policy terminated as to Daniel Ford upon the Town’s
discovery on or about August 16, 2018 of Daniel Ford’s commission of theft or
dishonest acts, and therefore, Daniel Ford no longer had the undertaking
required of public officials by New York Town Law § 25.
5.
As a result of the foregoing finding, the Town
Board adopted Resolution No. 2-2019 at its board meeting of February 19, 2019
requiring Daniel Ford if he wished to remain the Superintendent of Highways to
file a new official undertaking acceptable to the Town Board within thirty days
of the date of the resolution pursuant to New York Town Law § 25.
6.
Following the Town’s resolution of February 19,
2019, Daniel Ford failed to comply with its terms by failing to file an
undertaking that was acceptable to the Town because the bonding company issuing
the bonds withdrew them.
7.
On March 21, 2019, Daniel Ford submitted Public
Official’s Bond No. 64569840 issued by Western Surety Company, a CNA Surety
company (“Western”) to the Town Board at the Town Board meeting (“First Western
Bond”).
8.
The Town Board did not approve or find
acceptable the First Western Bond at that time as the Board had concerns about
whether Western’s underwriting department was fully aware of Daniel Ford’s
theft or dishonest acts.
9.
The Town Attorney contacted Western to advise
them of the Town’s knowledge of Daniel Ford’s theft or dishonest act and
resultant claim under its insurance policy, and on March 26, 2019, Western advised
that the First Western Bond would be vacated due to the theft or dishonest act,
and requested that the original First Western Bond be returned to Western.
10. Town
Supervisor Ronald Staedt returned the original First Western Bond by United
States Priority Mail to Western, with tracking number 9114 9014 9645 0439 6194
85.
11. On
his becoming aware that the First Western Bond had been revoked by Western and
returned to Western by Town officials, Daniel Ford secured another Western Public
Official’s Bond No. 72138869 (the “Second Western Bond”) through a different
broker than the one who had secured the First Western Bond, and the Second Western Bond was executed by
Western on March 29, 2019, by Daniel Ford on April 1, 2019, and submitted to
the Town Board at its meeting of April 2, 2019.
12. The
Town Board did not approve or find acceptable the Second Western Bond because
it had not been submitted within 30 days of the February 19, 2019 resolution.
13. The
Town Board did not approve or find acceptable the Second Western Bond for the
further reason that Town Supervisor Ronald Staedt contacted Western’s
underwriting department after receiving the Second Western Bond to advise them
of the Town Board’s knowledge of Daniel Ford’s theft or dishonest act and the
request by Western that the First Western Bond be returned, and Western again
advised Mr. Staedt that the original of the Second Western Bond should be
returned.
14. Town
Supervisor Ronald Staedt returned the original Second Western Bond by United
States Priority Mail to Western with tracking number 9505 5153 7862 9103 2272
77.
15. Daniel
Ford’s commission of theft or dishonest acts, and the resultant payment of the
Town of Alma’s insurance claim under its Government Crimes Policy, has rendered
Daniel Ford uninsurable and unable to secure an acceptable undertaking as
required by New York Town Law § 25.
16. As
a result of the NYMIR insurance policy’s termination as to Daniel Ford, and
Daniel Ford’s failure to submit a bond timely in accord with Town Board
Resolution No. 2-2019, or one that was acceptable to the Town Board, the Town of Alma’s position of Superintendent
of Highways is presently vacant and has been continually vacant since
commencement of the vacancy on September 15, 2018 (30 days after the Town
learned of the commission by Daniel Ford of theft or dishonest acts pursuant to
NYMIR’s Municipal Crime Policy no. MPLTAMA001) or alternatively at the latest
on March 21, 2019, for Daniel Ford’s failure to comply with the Town Board’s
resolution of February 19, 2019.
Dated: December ____, 2019 _________________________________________
TOWN CLERK
