County returns $4,000 fee to retirees

Press-Republican (Plattsburgh, NY)

Oct. 29--PLATTSBURGH -- Following a modification to the Plattsburgh City Retirees Association's original settlement agreement, Clinton County has returned an approximately $4,140 fee to the group that the Treasurer's Office had lawfully withheld.

"Basically, the judge modified the agreement stating that all moneys were to be returned and that's the only way I could legally give them their money back," Clinton County Treasurer Kimberly Davis said.

"As I stated to the retirees association, by law we have to take it unless we are told not to."

'NEVER NOTIFIED'

In June, during a Clinton County Legislature Finance Committee meeting, former Retirees Association President Gary Brandstetter told legislators that the group was never notified of the fee.

As part of a lawsuit against the city regarding health-insurance plan changes, the group had to post about $207,000 -- known as an undertaking -- with the county in 2016 until the suit was settled.

Once the settlement was reached, Supreme Court Judge Robert Muller ordered the undertaking returned to them, though his ruling made no mention of the two-percent fee.

Brandstetter said the retirees would not have posted the undertaking had they known about the fee.

Davis said then that the retirees' attorney was responsible for notifying them.

When the issue first arose, she went through about 20 years' worth of records and found that the fee had never been returned, at least in Clinton County.

The modified settlement now reads that the undertaking "shall be returned to the Plattsburgh City Retirees Association in full without the withholding or assessment of any fees or charges" under the law, she told the Press-Republican Friday.

'RIGHT A WRONG'

Davis is happy the issue was resolved.

"Again, everyone did understand that it wasn't up to me to make that decision," she said.

"The law is very clear and we certainly had the county attorney research the law to make sure that it wasn't optional."

The county has now instituted a policy which states that any time an undertaking is done, the party dropping off the money has to sign a statement acknowledging there is a two-percent fee regardless of the outcome of their case.

"And it has to be notarized so that no one ever feels that they weren't notified," Davis said.

She is glad the judge understood the situation and returned the retirees' money to them.

"When something comes to our attention, the legislature's attention, my attention, where we could institute a policy to make sure this specific issue didn't happen again, that's the way it's supposed to work.

"We're able to right a wrong going forward."

THANKED LEGISLATURE

The retirees picked up the check on Oct. 16, Davis said.

Brandstetter appeared on behalf of the retirees to thank county officials for releasing their undertaking at last Wednesday's County Legislature regular meeting.

He thanked Mark Dame (R-Area 8) for spearheading the effort, and County Attorney Jacqueline Kelleher for getting involved to make it happen.

"We appreciate it and we want you to know that," Brandstetter told legislators.

Legislature Chairman Harry McManus said, "It was the right thing to do."

Email Cara Chapman:

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Twitter: @PPR_carachapman

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