Poloncarz denounces Erie County Comptroller's claim that Dr. Burstein's overtime is illegal.

Poloncarz denounces Erie County Comptroller’s declare that Dr. Burstein’s additional time is in opposition to the legislation.

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BUFFALO, NY (WM) — The Erie County Auditor is the County Nicely being Commissioner, Dr. Gale Burstein Claims to Be Illegally Acquired An entire lot of 1000’s of {{Dollars}} for Overtime and Working Hours Nonetheless county administrator Mark Poloncarz says there is not a downside.

Stefan Mychajliw believes the money was “improperly paid beneath state regulation,” based mostly on a press launch launched from his office on Tuesday morning. His argument consists of two particulars.

  1. The New York State Public Nicely being Regulation requires that the Director’s compensation be “fixed”.
  2. The CSEA contract does not allow “staff requiring a medical diploma” to work additional time.

Primarily based totally on these claims, Mychajliw is asking Dr. Burstein to reimburse Dr. Burstein for $336,148 for additional time and hours labored in 2020 and 2021.

Further | Seventeen cities and villages in Erie County had been excluded from pot retailers and places of consumption.

“Director Burstein has a medical diploma and was appointed to that place,” Mychajliw talked about. “Docs won’t be entitled to benefits on account of they’re exempt from additional time. Additional compensation is inappropriate and illegal. Dr. Burstein has to pay sooner than the county can file a lawsuit, and he has to pay taxpayers more money together with additional time.”

Nonetheless in a press launch launched earlier this 12 months, Poloncarz talked about it was totally sincere for properly being commissioners to be paid additional time. That’s on account of the money bought right here from the federal authorities’s Coronavirus Discount Fund, a $150 billion fund established by means of the CARES Act.

“All COVID-19-related additional time earned by county staff has been accredited by the U.S. Treasury as an relevant use of CRF funds,” Poloncarz talked about.

Wanting Once more | Stefan Mychajliw is from Erie Co. Demanding additional time pay for properly being commissioners, Poloncarz responds.

Along with him, William Wilkinson, president of the regional CSEA division, talked about that on account of Dr. Burstein is a supervisor, not one of many contractual clauses are proper that Dr. Burstein “disqualifies him” for additional time pay.

Whereas managerial benefits are inclined to copy these listed in union agreements, Burstein simply is not positive by union agreements.

Mychajliw says Dr. Burstein’s additional time will add as a lot as $176,819 in 2021, whereas her wage this 12 months is $209,044.

On Tuesday afternoon, Poloncarz responded to Mychajliw’s allegations:

“The Comptroller’s post-holiday relevance attempt is as unsuitable because it’s unsuitable and as quickly as as soon as extra demonstrates his astonishing ignorance of the COVID-19 response and related pointers. All additional time pay for work carried out by the County’s CFO in reference to the COVID-19 response is authentic and acceptable beneath federal, state and native regulation, and all Erie County staff in Erie, moreover elected officers You is likely to be entitled to collect. As talked about quite a few cases sooner than, all hours which is likely to be “significantly devoted” to COVID-19 actions are eligible beneath the CARES Act, along with additional time. This consists of sheriff’s office staff who earn most of their additional time hours not talked about by the auditor, and all completely different staff, regardless of division, who obtained additional time on account of labor in response to the epidemic. This problem has already been addressed to the U.S. Division of Treasury OIG. Nonetheless the auditor continues to ship it up though he’s conscious of it is false. It’s basically dishonest and disrespectful to ladies and men who maintain us all safer.

It is disturbing that elected officers proceed to make false statements and unfold misinformation, nonetheless it is sadly not gorgeous given the auditor’s prolonged historic previous of baseless assaults, fact-based inaccuracies and malicious allegations. However, that’s in accordance with the need for sustained and urgent consideration whereas downplaying his prolonged absence in publicly funded elected roles which is likely to be worth investigating of their very personal correct. He certainly not licensed for his office, certainly not tried to find methods to fill the perform, and, most discouragingly, labored actively to subvert the county’s public properly being response to the pandemic.

Lastly, as a result of the Comptroller himself publicly reported and confirmed, he has already accepted a proposal for a paid political agent from the similar propaganda agency that promoted the infamous former Congressman Chris Collins, and can already be paid by that agency. Each factor he has talked about since saying his new job in late November have to be thought-about part of his new perform as a paid political agent.

Inside 84 hours, the people of Erie County can have a model new auditor and should look ahead to a larger and further accountable auditor’s office dedicated to factually reporting the county’s funds.”

Erie County Govt Mark Polonkaz

Evan Anstey is an Associated Press Award and Emmy-nominated digital producer who has been part of the Minus Better workforce since 2015. Check out additional work proper right here observe him on twitter.