Justice for the justice?

Unequal pay may be linked to revenue

By FRITZ MAYER

KAUNEONGA LAKE, NY — For the second year in a row, lawmakers have decided that one of the town judges deserves a cost-of-living wage increase, but the other one doesn’t. In 2008, justice Kevin Rhyne got a four percent increase and justice Howard Block got no increase. In 2009, Block, again, got nothing while Rhyne and almost everyone else on the town payroll got a three percent increase.

Block earns $18,995 per year. Historically, the salaries of the two justices have been exactly the same. Now, Rhyne’s is higher.

At recent town meetings, residents have brought the matter up, and one couple, Gary and Joan Marie Rohrs, wrote a letter about the situation to the town board, which was discussed at the town meeting on December 9 in Kauneonga Lake. The letter said that a lawmaker told the couple that at least one reason why a majority of the board voted against the raise is because Block generates less revenue for the town through the issuance of fines than he should.

Block, who declined to publicly comment on several aspects of this story, on this issue said, “We’re here to do justice, not to raise revenue.”

The letter also said, “Judge Block is trying to implement the reforms recommended by Judge Judith Kaye’s recent commission on improving the town justice system, occasioned by embarrassing revelations of abuses in the [statewide] system. These changes cause police and clerks to alter their routines, which are upsetting to any bureaucracy.”

Most letters to the board are read aloud at town meetings. In some cases, however, the board determines that the letter contains inflammatory content that is personal in nature. Such a decision was made in this case; the letter was not read aloud, was, instead, received and filed, and is available for reading by any resident at the town clerk’s office.

A couple of residents expressed an interest in knowing the reason for the decision, but board members declined to discuss the situation. Vicky Simpson said, “We never talk about matters of personnel.”

Richard Crumley said, “It’s a personnel matter; we made our decision, and we’re not going to rehash this decision.”

The decision not to discuss this personnel matter, however, is a matter of choice, not a matter of law. Camille Jobin-Davis, the assistant director of the New York Committee on Open Government in Albany, said the state’s open meetings laws give officials the “option” of discussing personnel matters behind closed doors, but there is nothing in state law that prevents officials from having the discussion in public, or that prevents them from commenting on the matter to the public.

Supervisor Dan Sturm said, regardless of that information, he would not be comfortable discussing a personnel matter in public, and that he stands by the decision of the board.

One resident said that because the judge is not a typical employee, and is elected by the residents of the town, residents should be informed about any shortcomings he might have. In Block’s case, case, however, no formal complaints have been lodged against him and, in fact, the state court administration appointed him this year to fill in a vacancy as Bloomingburg Village Justice.

At a town meeting on November 4, a motion to give three percent cost of living raises to both justices was supported by Denise Frangipane and Robert Blais, and opposed by Vicky Simpson, Richard Crumley and Supervisor Dan Sturm.