HomeMy WebLinkAboutEmail- Acting Village Justice Position.PDFS*bj:
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Aeting Village "lustice Positipn
Z*, &pril Z*1{} 4:*5:31 FM
lc,nupr*n€c*yaga-heights. ny.u*
n.r*arzning@ **yr.lga*heig ht e "ny "u*
*ear tvlayar:
t*n7ratulati*fic or"l y*uf r**&nl *lee{i**l
&'* y*ts kn*w" I hav* b**n th* i/ill*ge's Acting Justics t*r *b*ut fiv* yxar*, a
p*sitien I gtr*dly ftslfil\" I h:&vq *euxr submitt*d & paymr,nt v*u*h*r for any *f th*
c*s*s i hav* t:a**lxri during \hix time, a$ the 4ccasi*nai arraignmwnt .**d
tli*pe*iti*rt *f *a*xs hav*. **t heen very tim* 4**$urnifig.
frovu*vgr, t e{n ctJr{*n\ly han*ling a rrirninal eaF* tt"r*t is time **nsunring. I hav*
*lr*xdy pr*sid*d *v*r &n arraignrn*nt, a h*arir{g wilht *ral a{g*r**ntr., t*llaw*d
by *lenpt?ry r*vi*w *twntt*n m*ti*ne, c*nsulh*tirn willsth* ftes*urc* il*nt*r,
an* a vtritt*zt d**i*i**, iln April \ we had an*tfr*r B.s h*ur rxppre*si** hearing
{duri*t} t** da'E} end thi$ friday w* r*$ums thg *uppres*icn hearinE at s:**
4"b4" a* \h* p*rti*x hav* indnat*d '{hs hearins **uld tske all day. Th*n thsre
wiltfu* a*eth*r wrl\t** derisicn *s th* prses*s cnntinue*" uuring thi$ ?ir**, I
fuav* kx& *ev*r*l ph*n;e *a1!* wi,th ?at K*nn*x tegardlng frdffiiftistr*tiv* issuss,
*bvi*u*xy , xfz* villag*'a ifitertt t pay a fce *r $a g. f*r exch tir** | am In **urr
r* zs*r*alix\iq nat. *t1ly t*r t** timie a*tuelly invFlv*ci, hut it d**s n#t e*arc$6
tlrn* *pent *LlZsirS* th* {;r}urt r#arT|.
Fi*a*e b* assur*d that I hev* n* int**tion *f r$signing whil* t*ls c*se is h*ing
*dj*di*at*d, Tsut I w*uld appr*ciat* * m*re reah*nabl* m*\**d af
c*mpqn*a\i*n.
Pl**se fe*l tr*s t* c*nter:- rn* if y*u
**xt wi*h*a,
**vidL.l{l*in
Axttlg Juet,ic*, Villag* *t C*yxga H*ights
J**ti**, T *vtn *f \t?w*a
?htsyte: t*t)7i 7'34-29?1 {affirci
t{j*7\ ?'57 .r t 11 tlt<trne.}
Fax: lty*7) 734-3?"39
4/2*11A Ani*rica Onthre : *tK$rchFC
w**ld likq t* discuss further"
lsa$* 'i
Page 1 of5
Norma Manning
From: Randy Marcus [rmarcus@bgdmolaw.com]
Sent: Thursday, May 06, 2010 2:43 PM
To: Mayor-Supron-Forward; Norma Manning
Subject: Rll: Attached Memo from David Klein
Dear Kate and Norma,
I have just spoken with NYCOM"S counsel for labor and compensation issues. Unfortunately, he has
confirmed the point that I made in my earlier email that it is not possible to increase a rate of pay
retroactively. He went further to stress that such action is strictly prohibited under NY law, and that the
issue has belen addressed squarely both by the NYS courts and the NYS Comptroller. lf work has been
performed at an established rate of compensation, the municipality cannot pay more than that established
e rate of cornpensation for the work. (As an aside, he noted the only exception being a negotiated
contract with a union that could provide for a retroactive pay inprease for members of the bargaining unit).
Consequently, although there does not appear to be any question that David's services have not been
adequately compensated, the Village has no legal authority to pay him more for work already performed.
lf the Board desires to increase the rate of compensation for the acting justice going forward, the Board
can simply resolve to do so. I do not believe that it would be nBcessary to prepare the text of a resolution
for the Board, the resolution can simply state that the compensation for the acting justice will be
- from the date of the resolution forward. I am assqming that such a resolution would follow a
Board discussion in open session (unless the Board feels it is pecessary to discuss in executive session,
which would be the Board's option on this topic * though the meeting agenda should not refer to an
executive serssion. lf the Board wants to enter executive sessipn, the Board should do so at that time,
and without planning in advance to do so). I would be happy to report on, or discuss further, these points
at Mondav's Board meetino.
Very truly yours,
Randy
Randall B. [\/larcus, Esq.
Barney, Gro,ssman, Dubow, Marcus & Orkin, LLP
1 19 East Serneca Street, Suite 400
Ithaca, NewYork 14850
Telephone: (607 ) 27 3-6841
Facsimile: (607) 272-8806email: @
Please Note: The information contained in this e-mail message is cohfidential and intended only for the individual
or entity to whom or which it is addressed, and may also be protected by the attorney-client privilege. If the reader
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To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice
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recommending to another party any transaction or matter addressed lierein.
051061201r0
Page 2 of 5
From : Norma Manning fmailto : N Ma nning@cayuga-heights. nyi us]
Sent: Thursday, May 06, 2010 2:01 PM
Tor Randy Marcus
Cc: Mayor-Supron-Fonruard
Subject: RE: Attached Memo from David Klein
Hi Randy,
Kate asked me to email you regarding the above referenced su$ject. Would you be willing to report on what you
heard from NYCOM about "retroactive pay" during your reporf? Also, should we go into Executive Session to
discuss this? And one more thing, can we write a resolution "On the floor" so to speak, if we decide to go ahead
with a change of compensation, or would you be able to write qomething up now (with the amount left blank) and
bring it along?
Thanks,
Norma
From: Randy Marcus fmailto:rmarcus@bgdmolaw.com]
Sent: Monday, May 03, 2010 4:30 PM
To: Mayor-Supron-Fonruard
Cc: Jeffrey Silber; Norma Manning; VCH-Trustees; Glenn Galbreath at Cornell
Subject: RE: Attached Memo from David Klein
Kate,
A resolution of the Board would be necessary.
Randy
From: Kate Supron fmailto:katesupron@gmail.com]
Sent: Monday, May 03, 2010 4:23 PM
To: Randy Marcus
Cc: Jeffrey Silber; Norma Manning; VCH-Trustees; Glenn Galbreath at Cornell
Subject: Re: Attached Memo from David Klein
Thanks to Jeff, Glenn, and Randy for the informatipn.
Do we need a resolution or iust a recommendation from a Trustee? How much time has David
akeady spent on the case?
Best,
Kate
On Mon, May 3, 2010 at 1:49 PM, Randy Marcus <marcus@bgdmolaw.c wrote:
i All.
All:
05106120t0
Page 3 of5
I also did not receive an attachment of David's request. Nevertheless, I wholly agree with Jeff's, and
Glenn's, points that the proposed compensation is repsonable. I am not awaie o1any mechanism to
make this change retroactive, but I have a call into the attorney at NYCOM that handies such issues,
and he should be getting back to me in the next day pr two,
Very truly yours,
Randy
Randall B. Marcus, Esq.
Barney, Grossman, Dubow, Marcus & Orkin, LLp
1 19 East Seneca Street, Suite 400
Ithaca, New York 14850
Telephone: (607) 27 3-6841
Facsimile: (607) 272-8806email: rmarcus@bqdmolaw.con
Please Note: The information contained in this e-mail meEsage is confidential and intended only for the individual
or entity to whom or which it is addressed, and may atso bb protected by the attorney-client privilege. If the reader
of this message is not the intended recipient, you are herely notified that any dissemination, distribution or copying
of this e-mail message is strictly prohibited. If you have rQceived this e-mail in error, please immediately noti$r the
sender by telephone (607-273-6841), by fax (607-272-8806), or by retum e-mail, and delete this e-mail message.
IRS Circular 230 disclosure:
To ensure compliance with requirements imposed by the I$S, we inform you that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended or written to be used, and cannot be
used, for the pulpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or
recommending to another party any transaction or matter addressed herein.
From: Jeffrey Silber lmailto:silbef@cayuqa:heiqhts.nv. usl
Sent: Friday, April 30, 2010 1:46 PM
To: Norma Manning; VCH-Trustees
Cc: Glenn Galbreath at Cornell; Randall Marcus
Subject: RE: Attached Memo from David Klein
I believe that the rates Glenn suggests are reasonablb. The Justice's salary is nominally $38/hour
(based on the work week established for retirement system purposes). This would translate to $150/
$300 for the half-day/full-day Glenn describes Lansin! as using.
However, the Acting Justice does not have the same responsibilities (supervision, on-call, etc.) that the
Justice has, the $125l$250 rate sounds ideal.
05/06t20r0
Page 4 of 5
I recommend that a Trustee propose this in the upcoming meeting. I will defer to Randy whether we can
somehow make this retroactive, or whether we need to do this prospectively.
From: Norma Manning
Sent: Fri 4130120t01:34 PM
To: VCH-Trustees
Cc: Jeffrey Silber
Subjectr FW: Attached Memo from David Klein
From: Glenn G Galbreath lmailto:qqq2@corne.lf .edU]
Sent: Friday, April 30, 2010 12:52 PM
To: Norma Manning; Jeffrey Silber
Subject: RE: Attached Memo from David Klein
Nonna,
I could not call up Daviel's memo" but I can assume fle ra,oulcl like to be paid more for ihe case I dropped
on hiin beceuse of a conllict of inlerest I had. He had had to do an srnonllous *mount of work on il.
I anr just finishing up rly tem porarlz assigru.nent at thb Tolv:l of l,ansing and I gei paid $ 125 frrr every
half day session (i.e. a fbw mintes to 4.horirs) a.ncl $?f0 fbr: a.:r,v firll clay session {4 ..- 8 horrs). Thet is
what the state pays by rule/staiure(l). That might be pne rvny ro pny.
If you ca.n respnql ms the memo in a*other fbrmar. I pill be happ-v to review it.
Thanks
Glenrr
From : Norma Manning [mailto : N Maffring@. pay L]gA;heiehts.+y. u sl
Sent: Friday, April30, 2010 12:04PM
To: Glenn G Galbreath
Subject: FW: Attached Memo from David Klein
Glenn,
I'm sorry I left you out of the distribution on this merpo. Kate and the Board would like your input, as
well as Jeff(see below).
05106120t0
Page 5 of5
Thanks,
Norma
From: Jeffrey Silber
Sent: Friday, April 30, 2010 11:33 AM
To: Norma Manning; VCH-Trustees
Subject: RE: Attached Memo from David Klein
I would recommend that we receive input from Glenn. Wp need to know what other Acting Justices are paid in
otherjurisdictions.
We've never revised this payment in my history, and billinlgs have indeed been seldom from the Acting Justice
(Bly, Larkin, etc.).
I think thatapayment of $100/day may be more appropri4te, but again we should get the data.
From: Norma Manning
Sent: Fri 413012010 l1:30 AM
To: VCH-Trustees
Cc: Jeffrey Silber
Subject Attached Memo from David Klein
All.
Thankyou.
Norma
Kate asked me to forward this to you. Please think alout how we should address his request so we can
discuss this at our May ro Board meeting.
Jeff, has this come up before? Do we have anything in place for this type of request?
05t06t20r0