Opinion: The Report or their Heads

The County Board of Supervisors will meet Thursday in a closed door meeting to determine what to do with the "Report." The Report, compiled by the Fitzmaurice and Walsh lawfirm has cost taxpayers $305,000 and has taken over a year and a half to release.

It is time to put up or shut up.

The Report must be released Thursday or all candidates that vote against its release or that do not actively seek its release must face the voters' wrath.

We have been waiting long enough and even if incomplete the there is an obligation to release whatever the Board has. The people of the County should not-- and will not stand for the Report to be stonewalled until after the election. If candidates for office are implicated there is no recourse after November 5th.

The choice is in the hands of the Supervisors themselves. Anyone that opposes releasing at least a portion of the Report on schedule must be held accountable.

Travis in Photo for Bates Endorsement

Posted on Larry Travis' Facebook page is the single biggest endorsement of the race as the last Sheriff John Bates has officially endorsed him.

The Report: 20 Months of Mismangement by County Board

The Fitzmaurice Report, which was sanctioned by a 14-1 vote on February 17, 2012 following widespread allegations of harassment and a culture of intimidation within county government, has taken a series of disturbing turns from what the Schoharie News can gather by reading almost two years worth of County Board minutes concerning "the Report."

Note: This information is based solely on board minutes posted on the county website. After various off the record conversations, an extensive review of what we know publicly concerning "the Report" was conducted, which has led to more questions than answers.

After seven months of diligently advertising for a law firm to conduct the investigation, Supervisor Phil Skowfoe of Fulton motioned the following: "to amend to hire Fitzmaurice & Walsh Law Firm and to fund up to $50,000.  Chair and Vice-Chair will review findings and come back to Board of Supervisors to approve additional funding." It was seconded by Supervisor Milone of Schoharie.

It was approved by a split 10-6 vote with several supervisors concerned the cost would balloon beyond the initial $50,000 but with strong confidence that Fitzmaurice would conduct the investigation with focus on the county employees.

This was followed by a motion on January 7, 2013 by Supervisor Bob Mann of Blenheim to halt interviews until Fitzmaurice explained their billing practices after costs topped $100,000 and with an additional estimated ceiling of $165,000 to finish the report. During this motion several supervisors brought up concerns that county employees were being harassed during interviews, including Supervisor Van Wormer of Esperance who wanted to ask how the firm went about their investigation.

The motion was approved 14-1 with Supervisor Skowfoe providing the lone vote in dissent.

From there not a word was spoken publicly of the Fitzmaurice Report until May 2, 2013 when Supervisor Milone motioned to enter executive session to discuss the report but was prevented by a chorus of frustrated supervisors concerning the process. During which Supervisors Mann, Singletary, and Vroman stated the investigation was completed at that point, with Supervisor Lape of Richmondville confirming a $246,000 price tag and Supervisor Bradt admitting that everyone on the Board already knew what was in it.

At this point Supervisor Vroman suggested that since the lateral evaluation was complete that a different law firm should be brought in to finish the investigation, which he repeated in October when he called for the State Attorney General to "investigate the investigation," which was echoed by County Attorney Mike West: "Ms. Roach and I have discussed this," adding "we don’t believe he can be the attorney to do the next stage."

However, in the words of Supervisor Skowfoe: " a large portion of the report leads to one place.  We should finish the process," and Supervisor Milone: "they are looking to re-interview so they can come to a conclusion and to identify any wrong doing," despite the completion of their initial inquiry. This led to a series of motions that resulted in Fitzmaurice continuing the investigation with an additional $22,000 approved by a 9-6 margin.

Interestingly enough, Supervisor Skowfoe made a  motion for the report to be released during the parade of motion votes and received a second from Supervisor Singletary before immediately withdrawing it.

No more then two weeks later County Attorney West requested that the board approve another $10,000 in costs, while stating Fitzmaurice could potentially be a witness if criminal charges were filed in the aftermath of the report's additional conclusions. After questioning from Supervisor Singletary, Mr. West stated the initial report was simply a "lateral evaluation" that did not allow Fitzmaurice to cross check discrepancies.

Supervisor Mann followed by calling the investigation "biased...and I feel if the public were to see this report they would be just as outraged as I am." Supervisor Milone replied by stating "We’re looking to come to a conclusion to see if there was discrimination and targeting and what truly happened with the layoffs," wondering afterwards if "there is something people are looking to hide?"

Supervisor Singletary then stood up and delivered a long speech recounting various points of the report's timeline, quoting portions of the Fitzmaurice Report to question its investigative methods that encouraged employees that "we did not care where the source of their information came from" and that "even rumor, innuendo and hearsay were to be confirmed or dismissed if possible." Singletary finished by quoting the last three lines of the report: "It seems that many of the major problems revealed by the instant survey might have been avoided had these two principles been honored: observance of the limits of one’s office and transparency of one’s actions and dealings."

Adding that to him the Report was over with.

Supervisor Bradt retorted that the report was more than hearsay and rumor and that "In the report there were emails and letters documenting facts." Adding that "there are two very serious items that disturb me greatly." This was supported by Supervisor Buzon's statement that "I believe some of this did happen because it was corroborated." With that Supervisor Buzon introduced a motion to approve the additional $10,000 which was passed 9-6.

From here we have had two consecutive board meetings where Supervisor Mann has introduced motions to release the Fitzmaurice Report that was submitted to them earlier this year. Neither received a second, due in part to the impending release of essentially a follow-up section of the Report to the initial compilation that has exceeded $305,000 in costs to County taxpayers.

Sheriff Desmond addressed the board in September's meeting requesting "the Report" be released because he was "being asked about the department by constituents," and that "If there is something I need to change in my management style, I want to be able to address it."  The board's response was that the investigation was almost over and October would likely be the time of its release.

Which brings us to today: Fitzmaurice will be presenting his firm's final report before Supervisors at five this evening, likely in executive session before addressing the public with recommendations from the final Report that may or may not be released, depending on the sensitivity of the information it contains.

After a thorough reading of the past two year's worth of County Board minutes, which is by no means a pleasant task, there are more questions than ever concerning this report. For instance, what does it speak of Fitzmaurice that they could not complete their work in a single report and that their initial findings were based on "rumor and hearsay," rather then doing their due diligence in the first place - leading Board members to believe they would have a finished product almost eight months ago? Or that the County Attorney agreed with a supervisor that they should not have had a part in the report's conclusion and the board voted to stay with them regardless?

And what about the money spent on compiling the initial report that, despite numerous motions to release, has never seen the light of day and essentially led to a follow-up report to investigate the report? How much of the $305,000 appropriated to this report was wasted by Fitzmaurice's shoddy methods the first time around?

The questions surrounding the County Board's management of this twenty month process are too many to list in detail, but can be boiled down to one overarching sense that they went into this with honest and good intentions that ultimately split them in half with the questionable investigative methods of the law firm, the unreasonable costs to complete this investigation and the politicization of a process that was intended to uncover intimidation in the county workplace, but was delayed and allowed to languish until today's meeting - just twelve days before 14 Supervisors and two County officials are up for reelection.

Sharon Hosting Victorian Christmas

Sharon Springs will be opening its doors for a nineteenth century Christmas feel. The community will be hosting a Victorian Christmas on December 7th. All are welcome and there will be events around town and at the businesses. Last year there was a dessert tasting, horse-drawn carriage ride, and the lighting of the community's Christmas tree.

Bundle Up for Freezing Lows Tonight, Windy Day Tomorrow

Bundle up Schoharie County: the weather us about to unleash its wickedness upon us.

With temperatures expected to drop down to below freezing tonight, with a deadly mixture of rain and wind that some outlets are forecasting could lead to potential snowfall, I would suggest nestling up tonight around the fireplace and cracking open a dusty volume that's been awaiting some well deserved attention. 

And the same goes for tomorrow: the high isn't even expected to crack fifty with winds estimated to reach almost twenty miles per hour at some points during the day. Definitely one of those days where coats upon sweaters is highly recommended. 

The Middleburgh Library Presents: The Haunted Historical Cemetery Tour this Friday

The Middleburgh Library will be presenting the Haunted Historical Cemetery Tour this Friday from dusk (around 6pm) until the conclusion of guide Wes Laraway's approximately two hour long tour. Tickets are available for purchase at the Library desk, with those interested asked to either stop in or call 518-827-5142.

The Schoharie News to Publish Candidate Interviews

While the Schoharie News has been busy covering the Fitzmaurice Report, its alleged findings and debate over when it will actually be released, we have also conducted several interviews with candidates for office: Cobleskill Village Trustee and candidate for Mayor Linda Holmes, Schoharie Supervisor Gene Milone and Esperance Supervisor Earl Van Wormer.

 

Over the next two weeks we will be rolling these interviews out in addition to any other we conduct between now and election day, which is fast approaching and of unbelievable significance this cycle to public policy for residents of Schoharie County. 

 

These interviews do not represent an endorsement of any particular candidate, but often the failure to interview both candidates in a race - such as in Cobleskill where we did not receive a response to an email request to talk with Mr. Galasso and in Schoharie where multiple phone calls failed in an attempt to talk to Mr. Shrederis.

 

If either of the aforementioned (including Steve Miller in Esperance) were simply unavailable at the time and wish to discuss the issues, we encourage them to reach out before the election so that we can present a fair and balanced view to their various electorates. And that offer goes for any other candidates willing to sit down or talk over the phone before November 5th.

 

 



Middleburgh Schedules Bus Vote November 12th

Despite the bus proposition failing this spring, the Middleburgh Central School will be asking its voters to decide if they would like another bite at the apple. The school posted a story about this on their website. The proposition will be voted on in three weeks and will be asking whether or not to purchase three buses for a total of about $270,000.

Ten years is considered to be the useful life of a school bus in New York State, where the use of corrosive materials on snowy and icy roads accelerates rusting in vehicles. The district currently has two buses older than 10 years, three that are 9 years old, and four that are 8 years old. "The standards our buses need to meet to satisfy NYS DOT are some of the most stringent in the country. The cost to our district to meet these standards on our older buses increases at an accelerated rate as they age," Waldron said. "There comes a point where the District needs to consider whether we are putting more money into a bus than it is worth."

The vote will take part from noon to 9pm in the High School Gym Lobby.

Report May Not Be Released, Only Recommendations Thursday

With the frustration surrounding the probe into alleged misconduct in the County reaching an apex, it would seem that the infamous Fitzmaurice and Walsh Report should be released with no delay. At 5pm on Thursday, October 24th the County Board will sit down with the Fitzmaurice Group attorneys in executive session to listen to a presentation on what was found in the Report that has been described as over 100 pages.

But that might not be all.

The County Board members will know what is in the "Report," a draft of which has been on their desks for months now.

Only the second part, the recommendations currently being researched by the lawyers, may be released.

The first part is easily the most interesting portion but could be the most controversial. The names of most participants will be blocked out-- lower level employees and those that were harassed were promised their anonymity.

According to County Attorney Mike West, the first part of the Report may be placed upon the County website and could be requested via the Freedom of Information Act. There is no guarantee that it is released. Currently the weighted votes of the Supervisors that favor the immediate release is almost exactly met by those that either desire no release at all or to wait until after the election.

Still, the risk of the Report being delayed or ultimately not being released at all is too great for many involved in the case or the taxpayers that paid $305,000 for the compilation.

Fired Employee to Board: "I Want the Truth"

Penny Grimes was fired from the Schoharie County Health Department in late 2011 and has always maintained that this was an unjust termination. She even filed a lawsuit that was later dismissed requesting her job reinstated and for action taking for what she accused was a series of harassment in the Department.

Her complaints were just one in a series that sparked the Report.

On Friday, she appeared before the County Board looking for answers. She demanded that what she had experienced becomes public.

"I am totally sick of reading lies, innuendos, and having this referred to as a witch hunt and hearsay. I was there. I lived it. I told my story to you 20 months ago... I want... you wrecked my life but you know what, I came back."

Photo credit: SCHOPEG

She referred to coming to the Board in late 2011 to beg the Board to consider her position but was still ultimately fired. "I won't forget for as long as I live how I was treated here... You weren't there... for the better part of a year... I was an excellent employee and there was no disputing that.... I hope the discerning voters see unequivocally that this Board by doing what you did the right thing.

"So why don't you look me in the eye now... if you need $2,500 to make this come out I'll give it to you."

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Rundown of Supervisors For/Against Releasing the Report

The fight over whether or not the controversial Fitzmaurice and Walsh Report is continuing with the Supervisors themselves staking out positions on whether or not the Report should be released and when.

Yes, Immediately

- Gene Milone of Schoharie has been the strongest proponent of releasing as much information as possible and voted to prepare the document for release.
- Jim Buzon of Middleburgh.
- Carl Barbic of Seward.
- Sandra Manko of Sharon.
- Earl van Wormer of Esperance.
- Phil Skowfoe of Fulton.
- Tony van Glad of Gilboa.

In the Middle

- Tom Murray of Cobleskill did motion in September to release the Report. At the same meeting he called for funding to complete it to be halted and in October voted against $5,000 to finish the process for release.
- Bob Mann of Blenheim motioned this month to release the Report but voted against the $5,000 for release.

No or Release After Election

- Michael Brandow of Conesville said at Friday's meeting "The lawsuits that would come out would probably be millions."
- Dan Singletary of Jefferson believes that the whole process is a witch hunt.
- Harold Vroman called for an investigation into the Report itself, which would delay its release until after the election.
- Anne Batz voted against funding to finish the Report and said that month that she believed the Report has become political.
- Richard Lape of Richmondville.
- Larry Bradt of Carlisle.

Not Known

- No current Supervisor in the Town of Wright.

Middleburgh Honors Volunteers in Emotional Ceremony

Members of Middleburgh's community gathered Saturday at the Fire House for an event honoring the hundreds of volunteers that assisted in the recovery following Hurricane Irene in 2011. Organized by Carol Coltrain, the ceremony was attended by over 100 people, including many volunteers from out of state.

Mrs. Coltrain started the ceremony with a remembrance of the great work done to assist those in need. She recounted how volunteers began coming on "day two" and the unflagging spirit of both the people of Middleburgh and those that came to help. She praised the efforts of the Middleburgh and Huntersland Fire Departments and the Town and Village crews for their incredible work.

She was followed by Supervisor Jim Buzon who recounted the efforts and the perseverance of the people of Middleburgh.

Mayor Matthew Avitabile spoke next, stating that the progress over the last two years was incredible. He presented the Key to the Village to Josh DeBartolo, Mrs. Coltrain, Jiggy Drinon, and Kitchell Paser for their efforts after Irene.

Congressman Chris Gibson recounted that Americans' division are small compared to their similarities. He said that Middleburgh was an example for the people of the area.

Tatiana Boba of Assemblyman Peter Lopez's office presented certificates from the Assembly for both the people of the Village and Town of Middleburgh.

Volunteer coordinator Jack Hill said that Middleburgh's residents showed their appreciation for both himself and the volunteers and that he was proud of the friendship and hospitality of the people of the community.

Former Mayor William Ansel-McCabe recounted how he "sat on the steps in front of the old Dentist's office" for two weeks after Irene.

Special bookmarks and handmade crosses were handed out to the flood victims in an emotional ceremony.

A special plaque that came all the way from Arkansas was unveiled in front of the Fire House.

Health Director Appointment May Have Abused NYS Law

The Report still may not be out, but the issues surrounding it are still in the ether. Despite the fact that the actual document has been released, other court documents and facts surrounding the launching of the Report investigation seem to show a pattern of abuse that led to the inquiry.

One of the most common complaints was that Civil Service law was repeatedly abused over the last several years. There have been multiple complaints about the issue, especially surrounding the Personnel Office.

Much controversy has surrounded the events in the Health Department over the last several years. With the departure of Mrs. Kathleen Strack in late 2010, Personnel Director Cassandra Ethington was charged with leading the transfer of the County Home Health program in early 2011. She was specifically not tasked with the role of leading the Department.

However, in the case of Penny Grimes vs. the County of Schoharie and Cassandra Ethington, there was a different tone. In this case Mrs. Ethington claimed that she was not, in fact, the Director of the Health Department. Judge Eugene Divine wrote in the case's decision against Mrs. Grimes that:

"Ethington flatly denies that she assumed or appeared to assume any director role at the department and that Betsy Bernocco voluntarily assumed the director responsibilities"

In a deposition, Ethington wrote that:

"I never told New York State Civil Service that I was acting or interim director of the Department and can only speculate who might have"

However, in a letter to the New York State Civil Service Department she asked about her role to "perform the functions relative to the County's Public Health Director." The petitioner also claimed that Mrs. Ethington regularly told the employees in the Department that she, in fact, was the interim director.

There was also significant confusion on the Board of Supervisors itself on how exactly Mrs. Ethington assumed such a position. At the December 16, 2011 meeting of the Board of Supervisors, Esperance Supervisor Earl van Wormer asked who was in charge of the Health Department. Jefferson Supervisor Dan Singletary responded, "We put Mrs. Ethington in charge." Mr. van Wormer was confused because he believed that she was tasked with selling the County home nursing program and said, "I do not recollect that, put in charge of sale of CHHA." He later added that this needed to be rectified due to concern about liability.

According to the New York State Public Health Law in order to become a Director of Public Health a Master's Degree in public health or a related field is necessary. Mrs. Ethington instead has a two year Associate's Degree in Business Administration.

The Schoharie County Policies and Procedures manual describes the Personnel Officer being one of the people that employees can report claims of harassment to. So if an employee of the Health Department needed to complain about her role as Health Director, they would complain to... her as Personnel Director.

Vote in the New Schoharie News Poll

Time to vote in the newest poll on our sidebar. After the Supervisors of the County have an approval rate lower than Congress it is time to find out what you think about your own representative. Make sure to vote in the poll and check back for updates.

County Board Approval Rating at 4%

The Schoharie News poll on our sidebar has garnered some interesting results. The unscientific poll has been on the site for six days and has measured great dissatisfaction in the job performance of our sixteen Supervisors. Taking place both before and after the County Board decided not to release the Fitzmaurice and Walsh Report, the poll shows residents up in arms.

Do You Approve of the Job Performance of the Current County Board of Supervisors?

Yes: 8 -- 4%
No: 196 -- 96%

For the Supervisors looking for re-election this is one of the bleakest landscapes of the last several decades.

Milone: Report Shows "Desperate need of a County Executive."

Town of Schoharie Supervisor Gene Milone, who is seeking reelection against former supervisor Martin Shrederis in a rematch of 2011's race, was hopeful heading into yesterday's county board meeting that they would finally have answers on the long awaited Fitzmaurice Report. Which unfortunately was not the case.

 

Although Chairman Phil Skowfoe's announcement was yet another delay, this time until Thursday October 24th, Mr. Milone was sure of one evident need that this nearly two year old fiasco has made clear: that we are in "desperate need of a county executive."

 

Arguing that "the community needs someone to monitor what's going on" beyond the county board's monthly meetings, Mr. Milone was optimistic that in the aftermath of the report being released that "the board [would] put in policies and procedures to make this doesn't happen again." Including the creation of a county executive.

 

Mr. Milone helped initiate this entire process by making the motion authorizing this investigation by the Fitzmaurice law firm twenty months ago. And with its contents just days away from official release, he appears to be looking towards the aftermath and what steps we can take in order to avoid this again on a policy level and a structural level within county government.

October 27 Country Breakfast at the West Fulton Fire House

The West Fulton Fire Department will be hosting an all you can eat country breakfast on Sunday October 27th, 7-11 am at their fire house. Your menu options will include: pancakes, home fries, scrambled eggs and several more deliciously appealing dishes.

Costs range from just $4.00 for children aged 5-12; $6.00 for seniors 55+, $7.00 for everyone else except for children under 5 who get to eat for free. The event is to benefit the West Fulton Fire Department and all are encouraged to support this good cause.

Vroman on The Report: We Need Attorney General...to Investigate the Investigation

Following almost an hour of intense debate concerning the controversial Fitzmaurice Report, former Board of Supervisors Chairman and Summit Supervisor Harold Vroman threw a curve ball into the mix when he stated that "We need the Attorney General to come down and investigate the investigation," to a mixed reaction of applause and murmuring at the monthly meeting.

Mr. Vroman's suggestion, which came not long after he voted against a motion to pay the law firm an additional $5,000 for next Thursday evening's presentation of their findings and recommendations, turned everyone's attention from the hotly anticipated report to possibly expanding its findings to the next level.

 

Although no motions were made after fellow supervisors advised Mr. Vroman that such a step should not take place after until after the report is released.

 

In a conversation yesterday evening with Esperance supervisor Earl VanWormer, who served as board chairman before his Summit counterpart, Mr. VanWormer paraphrased another comment made at the meeting along that lines that if the state review isn't enough - should we appeal to the FBI and so on? He also defended the integrity of the law firm, adding that they have "no interest in Schoharie County" to risk their professional reputation on.

 

But with supervisors admittedly only knowing parts of the Fitzmaurice Report and not even the final copy the law firm is completing right now: it is obviously too early to begin questioning the results and requesting the state attorney's office confirm whatever findings may have resulted from the $305,000 investigation.

Lawsuit Claim: Ethington's Roles Used in Improper Firing

With Schoharie County on pins and needles waiting for the Report organized by the Fitzmaurice and Walsh Law Firm further allegations surrounding the hiring and firing practices of the County are coming to light. Further research into the matter showed a series of lawsuits and allegations surrounding the County Personnel Office. Two lawsuits alleged harassment and improper use of civil service regulations at the County.

New documents coming to light support the allegations and expansion of earlier claims. Coming directly from Court documents, we can see a clearer picture argued.

Eva Gigandet was employed by the County Health Department through a Federal grant. This grant covered over 100% of her salary costs. She was dismissed in late 2011 even as she alleged that funding for her position was approved through August 2012. She sued Schoharie County over the firing, claiming that her dismissal was done in bad faith.

When she asked Cassandra Ethington about this, the Personnel Director allegedly stated that money could be 'better spent elsewhere.'

When brought up to the Schoharie County Public Health Committee Meeting there was significant confusion as Ms. Gigandet was told that the decision to terminate employment was made by Mrs. Ethington, who was serving as Interim Health Director, though Ms. Gigandet said that Mrs. Ethington's title was never approved by the NYS Health Commissioner.

Ethington claimed that the recommendation had come from another employee-- further adding to the confusion as even the Board of Supervisors were unsure if Mrs. Ethington was simply the de facto or de jure head of the Health Department. Supervisor Earl van Wormer said that the layoff was not suggested by who Mrs. Ethington claimed. The employee Mrs. Ethington claimed suggested Mrs. Gigandet's dismissal also stated that she had not suggested the termination.

The situation grew more contentious as the updated list of organization in the Department was accused of inaccuracy. Ms. Gigandet's attorneys wrote:

"For some inexplicable reason, Ms. Ethington offers these reports to the Court, attesting to their veracity. The only reason for offering such fictitious documents would be to obfuscate the Court's attention from the County's real reason for terminating Ms. Gigandet's employment."

There are also arguments that Mrs. Ethington's positions as both director of the Personnel Office and the Health Department made such a termination not allowable. Meanwhile, the attorneys argued that the move violated civil service procedure.

At the December 9, 2011 meeting of the Board of Supervisors meeting, employees that were informed that they would be laid off made impassioned pleas for their livelihoods and expressed confusion of why the sudden cuts were proposed.

Penny Grimes, who felt she was being unfairly forced out by the Personnel Department told the Board "Fear and intimidation we have been subject to for one year."

The case was ultimately dismissed by Schoharie County Court. The Judge determined that the layoff was due to budgetary restraints and not for other reasons. Part of the confusion he wrote was due to problems in the Health Department.

Larry Travis Takes to the Airwaves in Interview

Cobleskill Police Chief Larry Travis was interviewed at SUNY Cobleskill talking about police issues.