A state Supreme Court justice said Colonie officials acted within their rights in demoting two town employees for their roles in the 2007 paving job at the West Albany Rod and Gun Club.
Supreme Court Justice John Egan Jr. ruled in favor of the Town of Colonie Wednesday, Jan. 28, in two identical lawsuits pending since September, at the same time renewing the ability of Town of Colonie Civil Service Officer Michael Foley to hear the cases of William Neeley and Thomas Romano.
In conclusion, and to put it simply, the law does not specify who can file disciplinary charges, and while the commissioner of the Department of Public Works could have done so in this case, his jurisdiction to do so is not exclusive, and the town supervisor was within her rights in proffering the charges, wrote Egan in his decision.
Town Attorney Michael Magguilli said town officials are pleased with the judge’s decision
`It confirms our belief that Supervisor Mahan followed the letter of the law in seeking accountability in this unfortunate case,` said Magguilli.
United Public Service Employees Union Regional Coordinator Kathy Wright said Neeley and Romano have taken `tremendous cuts of pay,` and she was disappointed the judge did not reverse the demotions.
Neeley, formerly the town’s public works operations supervisor, was demoted to senior civil engineering technician. With his demotion came a $13,176 pay cut. Romano, formerly a highway maintenance supervisor for the town, was demoted to civil engineering technician. With his demotion came a $9,804 pay cut.
`We’re obviously very disappointed in his [Egan’s] decision regarding the two lawsuits,` she said.
Wright said the employees are now looking forward to Foley hearing their appeals.
Foley said he first began looking into Neeley’s and Romano’s cases in December, although his work was put on hold when the town filed a temporary restraining order that prevented him from seeing the appeals.
While Foley would not give specific details about the appeals of Neeley and Romano, he said that the process could take four to six weeks once all of the materials have been submitted to his office, which has not yet happened.
`There’s no hard and fast rule and regulation,` pertaining to the amount of time both sides have to submit all of their files of record,` said Foley.
According to Wright, the materials have been submitted on Neeley and Romano’s end.
`I have sent correspondence to the town indicating that they have the opportunity to respond,` Foley said, adding that after the town submits their files and responds, the union would then get another chance to respond within a quicker time frame.
Foley compared the process to a game of tennis, each body getting the chance to serve again. But once he makes his decision, the game is over.
`Presuming that it would go as I would hope it to go, [it would end] probably mid-March,` Foley said, explaining that that is the best-case scenario.
In June 2008, New York State Comptroller Thomas DiNapoli audited the paving job at the Rod and Gun Club and determined that, while not illegal, the work, which involved the use of town employees and equipment, was not done in the best interest of taxpayers. The comptroller concluded that the paving job cost taxpayers nearly $48,000 more than alternative options.
After the audit results were released last summer, Mahan and her administration pledged to bring accountability to those who were responsible.
The cases of Neeley and Romano were heard in late August by Bethlehem Hearing Officer Paul Dwyer. In September, the two filed separate but identical lawsuits against the town, claiming that the supervisor and Town Board did not have the authority to discipline them, a role they felt belonged solely to Commissioner of Public Works Robert Mitchell.
In late November, Dwyer recommended that the men be given a 60-day suspension without pay. In his recommendation, Dwyer did find the men responsible for the paving job, which resulted in use of more taxpayer money than he felt necessary, though he also did not find their action to be illegal.
The supervisor and Town Board chose to accept the portion of Dwyer’s recommendations that held the men accountable, though not the portion that found their actions legal, and instead of following his recommendation for the 60-day suspension, voted in executive session in favor of the demotions of both of the employees at a Thursday, Dec. 4, Town Board meeting.
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