It has been reported in the Wellsville Regional News (dot) com that there will be a regularly scheduled public meeting on July 7, 2020, at 6 p.m. at the Alma Town Hall. Per the extended state of emergency that has been declared and currently runs through July 13 there will be no such regular Town Board meeting on July 7. Any meeting held by the three board members will not be a legal Town Board meeting and no lawful business can be transacted at such an illegal meeting.
In response to continuing questions from the public
regarding the status of Brian Trask I provide the following update based on
documents that are public. Mr. Trask was
terminated by the Town Board during his probationary period on January 25,
2019. Since that time Mr. Trask has
refused to recognize his termination and Highway Superintended Dan Ford has
continued to have Mr. Trask work for him at the Town’s Highway Department
despite having been directed not to do so.
Mr. Trask’s union filed a grievance challenging his termination. On February 1, 2020 the arbitrator who heard
the grievance held, among other things, that the Town Board had the authority
during the collective bargaining agreement to terminate Mr. Trask during his
probationary period and that Mr. Ford had no authority to interfere with that
decision.
The Union and Mr. Trask and Mr. Ford have refused to abide by the arbitrator’s finding that Mr. Trask was lawfully terminated under the collective bargaining agreement. This forced the Town to go into court to get the arbitrator’s award confirmed so that it could be legally enforced. On July 1, 2020, Supreme Court Justice Ann Marie Taddeo issued a Decision and Order confirming the arbitration Award in all respects. Arbitrator Selchick’s Award is now a legally enforceable court order.
The Union and Mr. Trask and Mr. Ford have refused to abide by the arbitrator’s finding that Mr. Trask was lawfully terminated under the collective bargaining agreement. This forced the Town to go into court to get the arbitrator’s award confirmed so that it could be legally enforced. On July 1, 2020, Supreme Court Justice Ann Marie Taddeo issued a Decision and Order confirming the arbitration Award in all respects. Arbitrator Selchick’s Award is now a legally enforceable court order.
Every day that Mr. Ford continues to employ Mr. Trask at the
Highway Department exposes the Town to potential liability. Accordingly, the Town has asked Allegany
County Sheriff Whitney for assistance to have Mr. Trask removed as a trespasser
if Mr. Ford continues to try to employ him at the Town Highway Department.
