$1M liability festers in Johnson City
Village balks at paying money awarded for police
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A Johnson City police patrol car on Main Street, Johnson City.
The village is past due on its settlement payment to the police union.
JOHNSON CITY -- The village is past due on a $1 million payment to its police union, setting the stage for another conflict in the battle-weary municipality.
A state arbitration panel ordered Johnson City to pay approximately $1 million in back pay and benefits to members of its police officers' union in August, but the village has shown no signs it's willing to pay.
The village had "no longer than 45 calendar days" to come up with the money after the arbitration panel's decision was finalized Aug. 8, according to a document from the state Public Employment Relations Board.
Although a month and a half has come and gone, the village has hardly made efforts to put checks in the mail.
"Beyond having our financial people estimate what this will cost -- which is pretty much public knowledge at this point -- the board has made no moves to pay this," Mayor Dennis Hannon said.
"The village board has discussed it at a couple of work sessions, and the board is unanimous in agreeing that they do not want to borrow for this and we need to have our attorneys continuing to look at any legal options that we may have."
The award covers a period between June 1, 2006, and May 31, 2008, when officers went without pay raises while working under the terms of an expired contract.
The arbitration award gives officers a 3.5 percent pay raise for both the 2006-07 and 2007-08 fiscal years, in addition to increased benefits and incentives.
The village and the union still face negotiations over pay levels for four more fiscal years -- 2008 through 2012 -- that the union has worked without a contract.
"I don't really think there's anything objectionable about the award other than the village doesn't like its terms," said John Crotty, an attorney for the New York State Union of Police Associations, which represents the union.
The village is "in a financial crisis," Hannon said, and simply isn't in a position to put up the cash.
In August, shortly after the $1 million arbitration award was handed down, Hannon made the surprise announcement that he would attempt to bring about a second referendum on dissolving the village into the Town of Union.
Johnson City also faces $850,000 in unpaid sewage user fees, hundreds of thousands in flood-related repairs and the possibility the state's highest court will order it to pay $1.25 million to six firefighters whose positions were eliminated in 2009.
"The village is not ignoring this. We take it very seriously," Hannon said. "But the full board is in agreement that we shouldn't just automatically pay this."
Crotty said he's hopeful the dispute won't end up in court.
"It's not clear to us what they're going to do," he said. "Hopefully, they'll do the right thing and there won't be any litigation because that's just not affordable to anybody."
After the award was granted, Johnson City attorney Paul Sweeney wrote a letter to union attorneys, notifying them that "the village is reviewing its legal options regarding a review of the opinion and award."
Anthony Solfaro, president of the New York State Union of Police Associations, wrote back to Sweeney, asking him to clarify what he meant.
"While the village remains grateful for the superior service provided by its police department," Sweeney explained in his Sept. 20 reply, "the village is without the means to begin addressing the liabilities caused by this unusual interest arbitration award."
That wasn't enough to satisfy Solfaro.
"The PBA's position is that ... the interest arbitration award should be implemented by the (village) according to its terms without any further delay," he wrote back.
Anthony Zubmolo, executive director of the state Public Employment Relations Board, said the agency doesn't have a role in resolving conflicts over non-payment of arbitration panel awards.
"The enforcement aspects of it do not fall to us," he said.
Jody Kennedy, president of the Johnson City Police Association, did not respond to a message requesting comment.
A state arbitration panel ordered Johnson City to pay approximately $1 million in back pay and benefits to members of its police officers' union in August, but the village has shown no signs it's willing to pay.
The village had "no longer than 45 calendar days" to come up with the money after the arbitration panel's decision was finalized Aug. 8, according to a document from the state Public Employment Relations Board.
Although a month and a half has come and gone, the village has hardly made efforts to put checks in the mail.
"Beyond having our financial people estimate what this will cost -- which is pretty much public knowledge at this point -- the board has made no moves to pay this," Mayor Dennis Hannon said.
"The village board has discussed it at a couple of work sessions, and the board is unanimous in agreeing that they do not want to borrow for this and we need to have our attorneys continuing to look at any legal options that we may have."
The award covers a period between June 1, 2006, and May 31, 2008, when officers went without pay raises while working under the terms of an expired contract.
The arbitration award gives officers a 3.5 percent pay raise for both the 2006-07 and 2007-08 fiscal years, in addition to increased benefits and incentives.
The village and the union still face negotiations over pay levels for four more fiscal years -- 2008 through 2012 -- that the union has worked without a contract.
"I don't really think there's anything objectionable about the award other than the village doesn't like its terms," said John Crotty, an attorney for the New York State Union of Police Associations, which represents the union.
The village is "in a financial crisis," Hannon said, and simply isn't in a position to put up the cash.
In August, shortly after the $1 million arbitration award was handed down, Hannon made the surprise announcement that he would attempt to bring about a second referendum on dissolving the village into the Town of Union.
Johnson City also faces $850,000 in unpaid sewage user fees, hundreds of thousands in flood-related repairs and the possibility the state's highest court will order it to pay $1.25 million to six firefighters whose positions were eliminated in 2009.
"The village is not ignoring this. We take it very seriously," Hannon said. "But the full board is in agreement that we shouldn't just automatically pay this."
Crotty said he's hopeful the dispute won't end up in court.
"It's not clear to us what they're going to do," he said. "Hopefully, they'll do the right thing and there won't be any litigation because that's just not affordable to anybody."
Reluctance to pay
Attorneys for the village and union have already exchanged stiffly-worded letters over the arbitration award for the past few weeks, according to documents obtained through a Freedom of Information Law request.After the award was granted, Johnson City attorney Paul Sweeney wrote a letter to union attorneys, notifying them that "the village is reviewing its legal options regarding a review of the opinion and award."
Anthony Solfaro, president of the New York State Union of Police Associations, wrote back to Sweeney, asking him to clarify what he meant.
"While the village remains grateful for the superior service provided by its police department," Sweeney explained in his Sept. 20 reply, "the village is without the means to begin addressing the liabilities caused by this unusual interest arbitration award."
That wasn't enough to satisfy Solfaro.
"The PBA's position is that ... the interest arbitration award should be implemented by the (village) according to its terms without any further delay," he wrote back.
Anthony Zubmolo, executive director of the state Public Employment Relations Board, said the agency doesn't have a role in resolving conflicts over non-payment of arbitration panel awards.
"The enforcement aspects of it do not fall to us," he said.
Jody Kennedy, president of the Johnson City Police Association, did not respond to a message requesting comment.
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