Supervisor Marini called a regular meeting of the board to order at 7:30 PM in the Walworth Town Hall. Meeting minutes dated April 20, 2017 were approved, as presented.
Public comment was heard from resident Mr. Mike Jacobs who congratulated Mr. Jim Drew who will be named Citizen of the Year on May 15th. He also commended Town Clerk, Susie Jacobs, for receiving an award for being her dedicated humanitarian services award from the Walworth Lions Club.
A second resident, Mr. Cynes, came forward to thank the town board for their hard work and dedication to the residents of the town. Additionally he noted that he appreciated the bi-partisan process that would take place during the upcoming public hearing.
During Committee Reports, Supervisor Marini shared two changes to town hall hours as follows: the town hall will open on Wednesday, May 24, 2017 at 10:00 AM due to an employee meeting and will close from 10:00 AM until 12:00 noon on Wednesday, June 7, 2017 for employees to attend a NYMIR Distracted Driving Prevention Program. Additionally, she noted that the regular meeting of the town board will not be held on Thursday, May 18, 2017 and will instead be held as a Special Meeting on Thursday, May 25, 2017 at 7:30 PM in the Walworth Town Hall Meeting Room.
Councilwoman Hawkins-Mance noted that May 4, 2017 is National Firefighter’s Day, and thanked all the firefighters who serve our communities for all they do.
At 7:45 PM a public hearing was called to order for the purpose of hearing public comments regarding the abolishment of the elective office of the Walworth Town Clerk, and further creating the appointive office of the Walworth Town Clerk.
Supervisor Marini shared a presentation which provided an overview of reasons why the board is considering this action. Clarification of duties the town clerk performs included attending board meetings and producing meeting minutes, swearing in public officers, posting public notices and local laws in the town’s official newspaper, office and records management. An elected town clerk has no statutory office hours and has the authority to set reasonable hours to serve the needs of the public. It was noted that a town board may set office hours but cannot require an elected town clerk to be physically present unless the hours are set by a local law approved by voters. In order to be named as an elected town clerk, the public chooses the individual. However, an appointed clerk is selected by the town board and town supervisor, who were elected by the public.
Regarding salary, an elected clerk’s compensation must be set in the town budget and, any changes (raises or decreases) must be done through the passing of a new local law and public referendum. An elected clerk receives health and dental insurance, New York State Retirement, and has no restricted number of vacation days or sick and personal leave. In contrast, an appointed clerk will also have health and dental insurance along with New York State Retirement, but will only receive 5 vacation days after the first year of service (which gradually increases after time served), pursuant to the employee handbook, 12 days of sick leave annually, and personal leave may be taken using 2 days of sick leave. In terms of job longevity, an elected clerk is elected to a 4 year term, however an appointed clerk can either be renewable term appointments or done through Civil Service.
It was also explained that all cities and villages in New York State appoint their clerks, along with 37 towns in the state. Other currently appointed positions within the town were shared, naming the Assessor, Comptroller, Court Clerks, Dog Control Officer, Planning, Assessment and Zoning Board Members, Town Historian, Clerk to the Supervisor, Fire Marshal, Health Officer, Town Engineer, Town Attorney, Budget Officer, Parks and Recreation Committee, and the Planning and Zoning Board Councils. Qualifications were also noted, highlighting that an elected clerk has no minimum job-related qualifications, any town resident may run for the position if they are 18 years of age, and qualifications may be listed in campaign material. In contrast, an appointed clerk would possess qualifications detailed in the town’s prepared job description and the town board would also decide residency requirements.
Accountability also changes drastically between an appointed and elected officials versus an appointed one. Where an elected official cannot be removed from office, disciplined, suspended, terminated, or supervised by the Town Board or Supervisor, an appointed official is subject to performance review and disciplinary action is allowed if the employee is not performing their duties, and the hours are determined by the Town Board. Elected officials act independently, are not restricted or regulated in the amount of time they provide to the public and take an oath of office.
Answering to Special Elections Costs, it was determined that there would be 3 designated polling sites: Lincoln, Walworth and West Walworth Fire Halls. Each site would have 6 polling inspectors from 12:00 noon until 9:00 PM at a cost of $5,250.00, Additional expenses were itemized as follows: Legal aids- $1,000.00, ballots/election supplies- $3,900.00, absentee ballot postage- $110.00, Custodian- $300.00, Courier- $75.00 and Poll Book Printing- $500.00 for a total cost of $11,135.00.
Before hearing public comments the board members shared their thoughts on the process.
Councilman Ruth highlighted that 178 residents signed the petition to abolish the town clerk as an elected position to an appointed position, from one end of town to the other, and shared his hope that all people would speak out- for or against.
Councilwoman Hawkins-Mance explained that as part of a legislative government, it is her responsibility to ensure that tax dollars are spent responsibly. To that end she stated that she feels the town offices ought to have regular, set hours in which services are offered that are being paid for,noting that, in order to achieve that goal, management is needed.
Councilman Pembroke explained that there have been a variety of issues in the town clerk’s office for years, before this current town board even took office. He acknowledged that Susie Jacobs has been elected by the residents, but pointed out that so has every member of the town board, which is comprised of different backgrounds and political parties, yet have arrived at the same conclusion that a change is needed. “That it got to this point should be an indication of how strongly we believe that this should happen. None of us wanted this. Not the censure. Not the media attention. Not the special vote. But years of other solutions have gotten nowhere. All we ever wanted is for the citizens of this town to get what they are paying for and deserve from the town clerk’s office. That hasn’t happened in a long time, whether people want to believe it or not.”
When the hearing was made open to the public, a wide range of comments were heard, both for and against.
Residents speaking against the change voiced concerns regarding nepotism and favoritism for appointed officials, spoke in opposition to losing their voting rights and the added cost of a special election, coupled with the cost of attorney’s fees.
Other residents voiced their support for Ms. Jacobs, stating that she has always provided good service and that they felt this action was personal and political.
One resident stated that she can see many sides of the issue, but believes that, in an effort to set a good example to her children, she ought to stand up for her right to vote.
Another resident came forward to state that the town board works for the residents and ought not take away its collective privilege to vote, and instead offered the suggestion that the board ought to change the rules as an alternative option.
Those in favor of the special vote shared that the town clerk position does not require voting, as it is a clerical and not political position.
Concerns over an elected official not being required to be overseen were voiced, and instead it was suggested that the town clerk position should be filled with the most qualified person, adding that management of the position will provide for checks and balances. Other concerns were voiced over wasting taxpayer’s dollars on past deputy’s unemployment wages all the while paying for the town clerk’s salary, benefits and unlimited vacation days while being she was unaccountable for work and behavior towards employees.
One resident shared her displeasure that this situation has been “twisted and turned into a political agenda”, leading others to believe this action is something different than what it is: an effort to eliminate the current nature of the town clerk position which has zero repercussions and no accountability, adding “Even the President of the United States reports to Congress.”
Former Walworth Town Supervisor, Mr. Bob Plant, also came forward, and re-presented the petition to abolish the elected position of the town clerk, which was originally presented shortly after the censure of Ms. Jacobs as town clerk. Mr. Plant then stated, “We need to follow through and let people vote on this.”.
One resident pointed out that the public is losing sight of those who have had the worst time in this situation- the former deputy clerks, two of whom came forward to speak out about their experiences working in the town clerk’s office. Past Deputy Clerk, Ms. Patty Thomas, shared that she was fired via text message, with no reason given. She further went on to explain that she then had to read “slanderous, unprofessional, one-sided malicious lies” about herself being printed in the Sun & Record, without being given the opportunity to give her side. Regarding her experience serving as the deputy clerk she explained that her [Susie Jacobs’] “face shown to the public is not the face shown to her employees.”
A second former deputy, Ms. Beth Hart, came forward to say she understands why the board needs to take this action, highlighting that, when she worked in the office, Ms. Hart contacted the New York State Department of Labor, and was then sent to the Federal Department of Labor. Ultimately nothing colud be done to help her, due to the fact that Ms. Jacobs is an elected official. Even the town board was unable to help her, legally. She suggested that $11,000.00 is nothing in comparison to the potential cost of former deputies suing the town. In closing she added, “The town board is trying to make this right.”
The hearing was then closed at 8:37 PM.
At 8:39 PM the meeting was then recessed for the board to meet in Executive Session regarding litigation, personnel and property acquisition of property matters. The public meeting was called back to order at 9:01 PM. At that time Councilwoman Hawkins-Mance read all submitted letters and emails pertaining to the evening’s public hearing aloud and asked that they all be entered into the public record.
Approved business was as follows:
• Resolution #102-17: Authorization to hire Mr. Mark Kritall as a as a [budgeted] part-time seasonal employee for the Parks and Recreation Department at a rate of $10.10 per hour
• Resolution #103-17: Authorization for Highway Superintendent, Mr. Mike Frederes, to spend $610,061.00 of Highway Funds for general repairs upon 58.25 miles of town highways including sluices, culverts and bridges having a span of less than 5 feet
• Resolution #105-17: Approval to allow a Burrow Road residence to enter into an Out Of District Water User Agreement with the Town of Walworth, at no cost to the town
• Resolution #106-17: Approval to enter all public comments, along with the town board’s presentation, during the public hearing into the official meeting minutes record
No other business came before the board and the public meeting was then adjourned the meeting at 9:06 PM.
The next regular town board meeting will be held on Thursday, May 18, 2017 at 7:00 PM in the Walworth Town Hall Meeting Room.
By Becky Block
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