Town weighs insurance for official
By ZACH SUBAR/The Leader-HeraldArticle Photos
BROADALBIN - The town may look to purchase new health insurance for Highway Superintendent Donald Loveless after a dispute between the board, its union-based insurance provider and Loveless resulted in his insurance being terminated.
On Dec. 29, the Town Board approved a new contract with its union-based health-insurance provider, Teamsters Union, that required those covered by that insurance to contribute 10 percent of the plan for single coverage and 15 percent for family coverage.
In 1988, the Town Board decided the highway superintendent would receive health-insurance benefits for maintaining the transfer station. Loveless received union benefits even though he was not a union member, and he was not required to contribute to his health plan.
The new plan costs $1,426 per month, and Loveless would have to pay $99 of that for his family coverage. He refused to contribute, saying the department budget he filed in September contained the old insurance plan. Supervisor Lee Hollenbeck said he offered Loveless a 4 percent raise to offset the cost, but he said Loveless denied the offer.
Loveless' attorney, Carmel Greco, sent a letter to the board last month stating the Highway Department would stop plowing the town's municipal complex and its transfer station Jan. 20 if health-insurance related deductions were not returned to Loveless' paycheck. The board passed resolutions Jan. 14 restoring the deductions to Loveless' paycheck and requiring him to continue plowing the areas.
Loveless said he never stopped plowing, but he received a letter from the Teamsters Union Jan. 26 informing him his insurance would be terminated Jan. 31. He now has no insurance, and in a recent letter to the board he said the town must find him new insurance.
"If something happens to my family, or my children, they're going to have to deal with it," Loveless said Tuesday. "Just because there's no insurance doesn't mean they're not responsible."
He and his lawyer cite a state law, established from a previous case, that stipulates "the compensation of an elected town official cannot be lowered during his or her term of office without the Town Board passing a local law, subject to a mandatory referendum," as Greco put it.
At a meeting Tuesday, Town Attorney Kara Lais said she was inquiring with state officials whether "compensation" included benefits or merely referred to salary.
Lais said she was unsure whether a court would find the town liable for any medical expenses Loveless could incur, but she said she would investigate further.
"It's a pretty precarious fall if we have a big liability hanging out there," board member Joseph DiGiacomo said.
Hollenbeck recommended the town look into purchasing Loveless an insurance plan through the Fulton County Regional Chamber of Commerce & Industry, which would cost the town about $1,200 a month. Loveless would not need to contribute to that plan, but board members said the plan is inferior to the union plan.
"I think he's going to deny it. If he denies it, and says no, I'd feel more comfortable in the courts," said Hollenbeck. "I think it would look more favorable."
The board will decide whether to offer Loveless the plan Tuesday. Hollenbeck and board member Dan Wheeler will be absent from that meeting, leaving three board members.
Loveless said he will continue to plow the areas until the matter is resolved. He was re-elected to a four-year term in 2007.
Zach Subar covers rural Fulton County news. He can be reached at ruralnews@leaderherald.com
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harleysdad
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02-09-09 6:32 PM
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Who would complain about paying $75 a week for family coverage?
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dogman12
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02-05-09 9:33 PM
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Let the dog warden take the job (lol)
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fifthestatewatchdog
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02-05-09 1:53 PM
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Excuse my error - Time for TOWN to wake up and go to an appointed highway superintendent, it has worked well for the village.
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fifthestatewatchdog
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02-05-09 1:52 PM
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Hwy supt is elected, they can work as little as they want and still get salary and benefits. Village has an appointed supt. that works and is accountable. Time for Village to wake up and put it on referendum to go to an appointed hwy supt. for the town. It will be a landslide when people find out that in addition to salary he receives $17,000 TAX FREE contribution in medical insurance. A huge wage for someone who works an hour during the summer so he can go do his private contracting jobs, including building a house for an ex-assessor / councilperson and numerous renovations at the town supervisor's house. Let's see if the town board had the 'stuff' to put it on referendum and let the people decide.
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dolphin38
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02-05-09 7:29 AM
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If offered a raise to cover his cost and he still refuses somthing seems a bit off there.Would seem with everyone around you being laid off due to the economy he would be happy to have a job.Gotta love the union mantality.
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airphoto
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02-04-09 6:48 PM
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Sparky, The term is "misfeasance." That's using one's legitimate job decisions to disadvantage an individual .. almost a civil rights violation, which is to use one's legitimate job to deprive an individual of their right to trial by acting in a way that judges and disadvantages them ..
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IAMIRONMAN
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02-04-09 3:45 PM
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Great Point!!!!
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Sparky
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02-04-09 3:31 PM
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The thing that jumps out at me is that an official can refuse (and cause his whole department to refuse) to do its job (which serves a safety purpose) in response to a personal pay dispute. By that logic, if the chief of police or the fire chief have a pay dispute, they can refuse to have their departments provide police/fire services. Of course, that is crazy. I don't know who is right regarding the insurance issue, but I would be shocked if it was legal for the Highway Superintendant to withold services in order to gain leverage in an employment dispute.
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maxone
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02-04-09 3:03 PM
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He is not a bird, HE IS A RAT !!! FIRE HIS RED BUTT NOW. This is crazy. I hope voters remember this. Broadalbin needs some massengil !
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IAMIRONMAN
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02-04-09 3:00 PM
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Sounds like Hangthemhigh49 has a bit of an axe to grind. Easy there internet tuff guy. As far as the highway sup. goes; they offered him an increase equal to the cost of the insurance. What's the issue then? Take the increase, take the insurance and shut up.
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airphoto
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02-04-09 1:12 PM
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Last I recollect the town levied something like $100,000.00/year for its budget which implies that the HNIC gets $40,000.00/year payroll, which, with contributions to sociable security, worker's comp, retirement etc adds about $15,000.00/year plus the $18,000.00 he's paid in medical insurance means that working an hour a day costs the taxpayers 83 percent of their town tax each January .. but that's what goes on in "our Poor Town!"
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crazystuff
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02-04-09 12:55 PM
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So it's costing the town $17,000 a year in health insurance to have this guy plow out the transfer station? They need to terminate the agreement and hire a private contractor to plow (probably for a lot less than $17,000). Btw...his contribution would be $99 per paycheck based on a bi-weekly payroll, not $99 a month as inferred by the article...still a bargain any way you look at it.
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Opinionated
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02-04-09 12:53 PM
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What makes this guy so special? Is it his education, work ethic? I don't unde4rstand. I agree with all the previous posts. It seems the town could do better.
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Discobulous
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02-04-09 12:35 PM
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I'd ditch this bird so fast he wouldn't have time to say no to anything. There are deserving, capable people out there in need of work.
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candlelady
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02-04-09 12:14 PM
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Heck, PAMOJA, we'd be happy to pay $99 a WEEK for family coverage. His attitude goes way beyond arrogant and cocky.
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candlelady
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02-04-09 12:14 PM
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Heck, PAMOJA, we'd be happy to pay $99 a WEEK for family coverage. His attitude goes way beyond arrogant and cocky.
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Stressed
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02-04-09 12:08 PM
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Loveless is an arrogant, cocky a**hole. He should have to pay for his insurance as all town employees. The town board has no balls to stand up to him. Let him quit, hire a new Highway Super. Anyone would be HAPPY to make the money he does. No, let the town board get walked on AGAIN.
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PAMOJA
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02-04-09 11:31 AM
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I would be grateful to only pay $99 a month for family coverage. He should be too.
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