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Request for Comment on Employee Payouts

GallowayTwp News <gallowaytwpnews@gmail.com> Sat, Jan 5, 2013 at 1:50 PM To: "<dpurdy@gallowaytwp-nj.gov>" <dpurdy@gallowaytwp-nj.gov>, acoppola@gallowaytwp-nj.gov, btyrrell@gtnj.org, jmcelwee@gtnj.org, jgorman@gtnj.org, wullman@gtnj.org, tbassford@gtnj.org, Arch Liston <AListon@gallowaytwpnj.gov>, "<mfitzgerald@fmlnj.com>" <mfitzgerald@fmlnj.com>, Chief Patrick Moran <034@gtpd.org>, " <mdolcy@gallowaytwp-nj.gov>" <mdolcy@gallowaytwp-nj.gov>, lcostello@ford-scott.com Mayor Don Purdy and Members of Council: Township Manager Arch Liston: Township Solicitor Michael Fitzgerald: Chief of Police Patrick Moran: Director of Finance Marilyn Dolcy: Township Auditor Leon Costello: Re: Employee Payouts, Resolution 37-13 After reviewing the Resolution listed above that was provided through an Open Public Records Request, there appears to be an issue with not only the amount of money paid to the employees, but also the employees themselves. Multiple employees listed may not have been eligible to receive the sick time payout. After thorough research of not only the Township's Code Section 73-8 - Paid Leaves, Exit Interview Forms on each Employee, but also Collective Bargaining Agreements for Local 210 (Blue Collar and Supervisors Unit), Local 676, Local 68 and PBA #77 (Rank & File and Superior Officers). I have further reviewed the Township's Resolution 37-13 passed by a unanimous vote of Council. A resolution that was originally motioned and discussed to be tabled by Councilman Jim McElwee, yet further rescinded in order to be voted upon. I would like to point out the following and further request/allow anyone listed on this email to comment on my findings. I anticipate to release a full report on GallowayTwpNews.com by Sunday Night. As I am aware this is a weekend, everyone is aware, media works on a 24-7 schedule. In reviewing the Township's CBA Contracts, excluding PBA, each contract when it refers to Paid Leaves, specifically Sick Time, it explicitly states, ALL (emphasis added) Paid leaves are to be paid in accordance with Ordinance 1068 of 1991. Be advised, Ordinance 1068 of 1991 is Township Code Section 73-8. That Ordinance although once modified, has not been modified since 1991. However, Resolution 37-13 as written, does not conform in language pursuant to the Township's Code. In order for an employee to be eligible for Paid Sick Leave when the employee is no longer employed with the Township of Galloway, they must either "Resign or Retire". There is no provision listed in any other CBA Contracts, nor in the Township Code that allows an employee to receive Paid Sick Leave, upon "Separation". Your resolution as written does not comply with Township Code. As a Governing Body, you are permitted to amend those provisions, however, you must amend the Township Code by Ordinance. To my understanding and knowledge and further based upon the writing in the Resolution, that did not occur. It appears the word "Separation" was misplaced in the resolution in order to authorize payouts in the amount of $18,876.18 not otherwise permitted. My Findings: The Township paid a sum of $18,876.18 to seven employees who are not permitted to receive same. Because of the amount and issues in auditing when paying an employee or even a vendor that is not otherwise permitted or tracked by Ordinance, I have copied the Township's Auditor on this email. I will list the employee and the reason the employee should NOT have received such payment. I am urging Mayor and Council to investigate my findings and further if my findings are correct, than the Township must immediate stop payment to each employee or hold payment to each employee. Council would also need to amend Resolution 37-13 at the next scheduled Council Meeting to remove the amounts below to reflect revised payments.

1. Pamela Alleyne - Payment of $1,158.87: Ms. Alleyne neither resigned or retired from her position. Ms. Alleyne had a reduction in hours and is still therefore employed by the Township of Galloway. Ms. Alleyne's payout does not meet the criteria of Ordinance 1068-1991. 2. Carla Dow - Payout of $10,000: According to Ms. Dow's exit interview form provided by the Township, Ms. Dow was listed as a "Layoff". Ms. Dow neither resigned or retired. Although Ms. Dow has the appropriate years of service, Ms. Dow's reason of separation does not meeting the criteria of Ordinance 1068-1991. 3. Raymond Farrell - Payout of $1,838.63: According to Mr. Farrell's exit interview form provided by the Township, Mr. Farrell was listed as a "Lay Off". Mr. Farrell neither resigned or retired. Mr. Farrell also does NOT meet the required 10 years of service otherwise permitted in the Ordinance. Mr. Farrell's reason for separation and lack of years of service does not meet the criteria of Ordinance 1068-1991. 4. Bryan Losasso - Payout of $2,342.04: According to Mr. Losasso's exit interview form provided by the Township, Mr. Lasasso was listed as a "Lay Off". Mr. Losasso neither resigned or retired. Although Mr. Losasso has the appropriate years of service, Mr. Losasso's reason for separation does not meet the criteria of Ordinance 1068-1991. 5. Edward McClain - Payout of $471.79: According to Mr. McClain's exit interiew form provided by the Township, Mr. McClain was listed as a "Lay Off". Mr. McClain neither resigned or retired. Mr. McClain also does NOT meet the required 10 years of service otherwise permitted in the Ordinance. Mr. McClain's reason for separation and lack of years of service does not meet the criteria of Ordinance 1068-1991. 6. Jennifer McConaghy - Payout of $629.13: According to Ms. McConaghy's exit interview form provided by the Township, Ms. McConaghy was listed as a "Lay Off". Ms. McConaghy neither resigned or retired. Although Ms. McConaghy's forms lists a years of service over 10 years, it is my understanding Ms. McConaghy previously departed employment with the Township and at that time ceasing the years of service. Although years of service could be debated, Ms. McConaghy's reason for separation further does not meet the criteria of Ordinance 1068-1991. 7. Bernard Sawasky - Payout of $2,435.72: According to Mr. Sawasky's exit interview form provided by the Township, Mr. Sawasky was listed as a "Lay Off". Mr. Sawasky neither resigned or retired. Mr. Sawasky also does NOT meet the required 10 years of service otherwise permitted in the Ordinance. Mr. Sawasky's reason for separation and lack of years of service does not meet the criteria of Ordinance 1068-1991. I am confident in my findings as stated above that the Township paid out $18,876.18 to employees that do not meet the Township's criteria for said payment. Councilman McElwee initiated a motion to have the resolution tabled and further reviewed by Labor Counsel. Reviewing the resolution and my findings, I feel that should have been the correct action by the Governing Body. I have also taken into consideration of the "Voluntary Layoffs" as instituted by the Township. To my knowledge a voluntary layoff is not a Resignation in employment standards. As a resignation and layoff are viewed differently in the eyes of unemployment therefore can not by synonymous. As Galloway Township has faced public scrutiny before as it pertained to allegedly paying employees comp time when comp time was not permitted, I feel this is along the same magnitude of media reporting. Therefore, I am requesting anyone who feels compelled to make a comment either on the record or off the record, I am interested in hearing your voice on this matter. As I said, I will be reporting my findings and releasing the documents that further substantiate my findings on GallowayTwpNews.com anticipated Sunday Night. Warm Regards, -Publisher of GallowayTwpNews Website: www.GallowayTwpNews.com Email: GallowayTwpNews@gmail.com