9/14/07 - Election commissioners salaries again at issue

County Legislature fails to enact local law that set salaries at $26,384 by not properly advertising the law.

(As published by Cortland Standard, Corey Preston reporting)

While the county awaits a judge’s decision on a lawsuit brought against it by its two election commissioners, the commissioners’ salaries again became an issue Thursday at a meeting of the Personnel Committee.

Republican Election Commissioner Bob Howe informed the committee that a local law passed by the Legislature in December 2006 setting both his and Democratic Commissioner Bill Wood’s salaries at $26,384 was never officially adopted.

The Legislature passed the local law in response to the commissioners’ complaint that Howe and Wood’s salaries were unequal — a violation of state Election Law, Howe and Wood said — due to longevity pay based on Howe’s 10 years on the job versus Wood’s one.

The Legislature responded by removing the commissioners from the management compensation program that awarded them longevity pay, and setting their salaries at $26,384.

The commissioners then sued the county, claiming that it did not have the right to lower Howe’s salary, which had been about $30,000, in the middle of his two-year term, and that Wood, who was being paid $25,600, was owed retroactive pay to match Howe’s higher salary.

The case was argued in March before state Supreme Court Justice Kevin Dowd in Norwich, however Dowd has yet to issue a decision.

Because the county did not properly advertise the creation of the local law, both Howe and Wood are being paid this year based on a $23,200 salary established by local law in 2001, Howe said. “I’m just asking that it be done properly,” he said.

County Administrator Scott Schrader said the problem with the creation of the law was that, while the county advertised the measure, it did not include the disclaimer that the law was subject to permissive referendum.

“Because the law changed their salaries mid-term, the county was required by law to let the public know that if someone gathers enough signatures, the law could be put to referendum,” he said.

Schrader said he became aware of the issue in February, and sent a memo to county officials and the Legislature indicating that the law simply needed to be advertised again, and if no petition was brought forth, it could be officially enacted.