This opinion piece appeared in the Townsman, April 30 edition
Councilman Jay Wenk, who sits for the Pledge of Allegiance but jumps for the medical buy-out, wrote us a letter criticizing my report on the discussion of the issue at the Town Board last week, claiming it was “political.” This is another word for “untruthful” or at least “tendentious.” I thought I should clear this up, and I sent Jay an e-mail. All the questions are based on the official 2003 edition of the Town of Woodstock Employee Handbook.
Dear Jay,
I am responding to your critique on my reporting, including your statement:
"In the interest of truth, he could have referred all questions to page 2 of the handbook where it states, unequivically, under Definitions, that all of us [elected officials] are 'Employees'"
(As a courtesy, Jay, I cleaned up your typos, but left 'unequivically' alone. I know a similar word, 'unequivocally,' but I thought that your spelling might convey a deeper, and more subtle meaning or intention.)
I have the following questions, and if you would be kind enough to answer them I will set the record straight, if it should need straightening.
The same handbook states:
"Method of Payment. Partial payment of the buy-out (1/26th of the annual premium) will be made in the employee’s regular bi-weekly paycheck for each pay period the employee is eligible for the buy-out."
Are you paid bi-weekly, or twice each month?
The same handbook states:
"Sick Leave Buy-out. Effective January 1, 2003, full time employees who have accumulated over thirty-five days of sick leave may, at the employee’s option, sell back to the Town up to twelve sick days per year at 50% of their current daily rate of pay, provided that the sale of such sick leave does not reduce the employee’s sick leave accumulation below thirty-five days. Payment for such excess sick leave shall be made in the first pay period in December.”
Are Councilpersons full-time or part-time? If part time, they should pay 100% of their medical insurance (see next item). If full-time, will you ask for the sick-leave buy-out, too?
The same handbook states:
"Part-time employees working less than thirty hours per week and hired on or after April 1, 1998, who choose to participate in the Town’s health insurance program, if eligible, must contribute 100% of the cost for either family or individual coverage."
Does Liz contribute 100% of the cost for either family or individual coverage?
The same handbook states:
"Use of Personal Leave. The use of personal leave by an employee must be pre-authorized by the employee’s department head."
Who is your department head?
The same handbook states:
"Failure to Successfully Complete Probationary Period. In the event an employee's performance or conduct is not satisfactory, the Town may dismiss the employee from employment or return the employee to the employee’s previous position, as the case may be, at any time on or before completion of the maximum probationary period. Such action shall not be subject to the grievance procedure or disciplinary procedure."
Does this apply to you?
The same handbook states:
"It is the policy of the Town of Woodstock to maintain personnel records for current and past employees in order to document employment-related decisions and comply with government record keeping and reporting requirements…
"The records maintained by the Town include, but are not limited to, the following: Civil Service employment application, Report of Personnel Change forms, copies of job-required licenses and certificates, federal and state withholding tax forms, immigration (I-9) forms, retirement enrollment/waiver forms, health and dental insurance enrollment/waiver forms, disciplinary and grievance notices, letters of acclamation, awards, newspaper clippings, and probationary reports."
Does your file contain newspaper clippings? Shouldn't it, including the Townsman’s, if you are an employee?
The same handbook states:
"An employee who intends to resign from employment must submit a written resignation to the employee’s department head at least two weeks before the date of resignation is to be effective."
In the past elected officials made their letter of resignations to the Town Clerk. Is the Town Clerk your department head?
The same handbook states:
"Before resuming employment, an employee must submit a statement from the employee’s health care provider indicating that the employee is able to return to work either with or without restrictions. Failure to return to work when required may be considered a voluntary termination."
Will this apply to you?
The same handbook states (this is a reprise of an earlier question):
"Payroll Period. All employees are paid on a bi-weekly basis."
Are you paid on a bi-weekly basis, or two times a month?
The same handbook states:
"Effective January 1, 2003, the Town will provide either uniforms or an equivalent allowance of up to $450 per year for the purchase of work clothing, and an annual boot allowance of up to $175 per year. An employee must be employed by the Town for a minimum period of six months before being eligible for the boot allowance."
Since you are (in your opinion) eligible for the medical buy-out will you also accept the work clothing and boot allowance?
The same handbook states:
"The purpose of performance evaluation is to appraise an employee’s past performance and potential. The performance evaluation will take into consideration the employee’s work quality, job knowledge, initiative, attendance, teamwork, conduct, communication skills and such other criteria which properly reflect the employee’s performance."
Who will conduct this performance evaluation?
In addition to the above, if and when you get to amend the handbook (which you described as having "many problems"), the following may be of interest to you:
603 MILITARY LEAVE AND MILITARY LEAVE OF ABSENCE
"Military Leave. This section refers only to an employee’s paid leave for military service under New York State law and does not effect an employee’s entitlement to leave needed for military service under federal statute. The Town of Woodstock recognizes the importance of the Military Reserve and National Guard, and will permit any employee the use of military leave to participate in annual encampment or training duty. The Town will grant such leave with pay for up to twenty-two working days or thirty calendar days in a calendar year, whichever is greater."
Will you stand for this even if they are ordered to Iraq or Afghanistan? What if they volunteer?
Please respond in time for me to correct the record, if it needs correcting. And thank you for pointing out, even if obliquely, that although the employee-elected official ambiguity may appear in your eyes, it had never appeared in mine, and I never thought for a second I was entitled to the buy-out. It's a small thing, Jay, and one I never made a big deal out of, and I blush from your making the fact not only so large but well known.
End of my e-mail to Councilman Jay Wenk. Haven’t heard a word yet. Make of it what you will.
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