City retirees want fee returned

Jun. 8--PLATTSBURGH -- City of Plattsburgh retirees want all their money back from Clinton County, but it might not be so easy.

"We were never notified of any fee," former Retirees Association President Gary Brandstetter told county legislators at Wednesday night's Finance Committee meeting.

"If we had known, we would not have posted it."

Brandstetter was referring to about $207,000 the association was required to post with the county in 2016 as part of a lawsuit against the city regarding a change in health-insurance plans.

The court ordered the retirees to post the money, known as an undertaking, for the county to hold until the lawsuit was settled.

The money was to be used by the city if it had won the suit.

The retirees, however, prevailed against the city, and the undertaking was awarded back to them by the court.

But the the county kept a 2-percent fee, equaling about $4,140.

IRKED BY FEE

The fee has the retirees rankled and wanting it back.

Brandstetter said he was shocked to find out about the fee when he went to collect the $207,000.

"It seems like $4,000 for the county to deposit a check and write a new check a year and half later is a lot," he said.

County Treasurer Kimberly Davis said the law requires the county to take the 2 percent fee, and she defended her office.

"I don't appreciate the accusatory tone that we were unethical," she said.

Davis told the retirees in attendance at the Finance Committee meeting that their attorney should have told them about the fee.

"I understand your frustration, but it is the duty of your attorney to inform you of the fees," she said.

"That's why you hired them."

JUDGE'S DECISION

Davis said the county does not have the authority to rescind the fee; that must come from a judge.

In his ruling, Supreme Court Judge Robert Muller ordered the retirees be returned the amount of $207,019.20.

The ruling made no mention of the 2-percent fee.

The county deals with such cases frequently, Deputy County Treasurer Greg Bell said, and unless the judge specifically orders the fee to be rescinded, the county keeps the 2 percent, as required by law.

Legislator Mark Dame (R-Area 8, City and Town of Plattsburgh) said the county should give the retirees their money back.

"The legislature is the policy body of this county, and we have a chance to right a wrong," he said.

"Just because something has been done for years doesn't mean it is right."

RESOLUTION

Dame said he would offer a resolution for legislators to vote on whether to refund the money.

Legislature Chairman Harry McManus (D-Area 1, Champlain) said he wanted to hold off on any resolutions until County Attorney Jacqueline Kelleher can look into the matter to see if the county can legally give the retirees the money.

Legislator Mark Henry (R-Area 3, Chazy) agreed with Dame.

"I hope we can find a way to solve this in favor of the retirees," he said.

Email Joe LoTemplio:

[email protected]

Twitter: @jlotemplio

___

(c)2019 the Press-Republican (Plattsburgh, N.Y.)

Visit the Press-Republican (Plattsburgh, N.Y.) at pressrepublican.com

Distributed by Tribune Content Agency, LLC.