TOWN CLERK'S OFFICE AT A STANDSTILL - VAULT LOCKED

[Henry]

Tuesday December 14, 2004

Second assistant seeking pay

By LEE J. KAHRS
Messenger Staff Writer

FAIRFAX –– A locked vault has brought business in the Town Clerk’s office here to a standstill, as a court ruling has sparked more dissent and another pay issue.

Town Clerk Tina Levick changed the combination to the town office vault last Tuesday. A Franklin Small Claims judge then found for the Fairfax Selectboard in a case brought by former Assistant Town Clerk Melissa Allard, who was seeking back pay.

Levick was out of the office Monday, and Second Assistant Town Clerk Barbara-Ann Sempf refused to open the vault in protest because the selectboard has not paid her either.

Paychecks to town employees have been late, town bills have not been paid, and people seeking birth certificates and land records have been turned away.

On Monday, Sempf distributed a “Notice of Intent to Perform” to anyone who came to the clerk’s office. In it, she cited articles against slavery and involuntary servitude from the Vermont State Constitution and the U.S. Constitution.

In closing, Sempf wrote, “I am ready, willing and able to perform the said Office as soon as the said Fairfax Selectboard exercises its Lawful authority and fixes a Reasonable Compensation for the said Assistant Town Clerk."

Selectboard Chair Jeff Blake was asked whether he could comment on the vault issue Monday night.

“Not at this time, I cannot,” he said.

Phone calls to Levick for comment were not returned by press time today.

Last week, a small claims judge ruled that the selectboard did not have to pay Melissa Allard for the hours she worked once she knew the selectboard had refused to pay her out of town funds. He said state statute dictates that the selectboard has the power of compensation over town employees.

While the Fairfax selectboard was in executive session Monday night, Sempf explained her position using the judge’s small claims decision.

“The decision says that Melissa must have been a volunteer,” Sempf said. “What I saw was a judge saying he didn’t know what to do. I never took this job expecting to volunteer and I never expected not to be paid.”

Sempf said she has not been paid for 54 hours she has worked since being appointed Second Assistant Town Clerk by Levick. Her appointment came in April, after Allard took a leave from her position because of the pay issue.

Sempf said she agreed to the appointment because she wanted to help Levick.

“It was terrible to see Tina being beaten up by them,” she said of the selectboard.

Sempf disputed the board’s claim that it is just being careful with the town’s money.

“They have said they want to be frugal about the town’s money, but do you know they have spent over $7,000 in legal fees on this issue alone?” she asked. “Maybe they think the townspeople don’t know what’s going on, or don’t care.”

Sempf said the small claims decision is sending the wrong message to citizens about authority in municipal government.

“As far as I understand it, those guys in there have all the power,” she said, pointing to the selectboard meeting room. “And the only power I have is to work for free.”

[Chris Santee]

I have obtained a copy of Barbara-Ann Sempf's notice,
It will appear in January's Fairfax News:

Notice of Intent to Perform
Whereas the Town Clerk has the authority and power to appoint one or more Assistant Town Clerks, 24 VSA 1170, and
Whereas the lawfully elected Town of Fairfax Town Clerk, Tina Levick, has lawfully appointed Barbara-Ann: Sempf as Second Assistant Town Clerk, and
Whereas the Town of Fairfax Selectboard has agreed to the Above, and
Whereas by statute, 24 VSA 933, and by the December, 2004 Decision and Conclusions of Law in Allard v. Town of Fairfax, the Selectboard has the power to fix the compensation for any or all Town Officers and Town employees, and
Whereas the Constitution of Vermont states, at Chapter 2, Section 61, that "...if any person is called into Public service to the prejudice of that person's private affairs, the person has a right to a reasonable compensation", and at Chapter 1, Article 1st, that "..no person... ought to be holden by law to serve any person as a servant {or} slave... unless bound by that person's own consent", and
Whereas The Constitution of the United States, at Article XIII, states that "Neither slavery nor involuntary servitude ... shall exist within the United States, and
Whereas the Said Second Assistant Town Clerk has been called into public service, with the reasonable expectation that the Right to a reasonable compensation will be given, and will not be infringed, and
Whereas the Assistant Town Clerk is authorized to perform the duties of the Town Clerk's Office in the absence of the Town Clerk, 24 VSA 1171, and
Whereas the said Town Clerk, Tina Levick, has, by lawful appointment, explicitly authorized the said Assistant Town Clerk, Barbara-Ann: Sempf, to so perform in the said Clerk's absence, and
Whereas the said Office of Town Clerk is not vacant, such vacancy being explicitly defined in 24 VSA 961, and
Whereas the said Assistant Town Clerk has not consented, and will not consent, to work or serve as a slave or involuntary servitude, nor has said Assistant Town Clerk in any way consented, and will not consent, to work or serve in any sort of "voluntary" servitude;
Therefor, I, Barbara-Ann: Sempf, do here state that, in accordance with all of the above, I am ready, willing and able to perform the said Office as soon as the said Fairfax Selectboard exercises its Lawful authority and fixes a Reasonable Compensation for the said Assistant Town Clerk.
Sincerely,
Barbara-Ann: Sempf
Assistant Town Clerk
Town of Fairfax

[Henry]

As moderator of this forum, I would like to make it known to all, that the statements made by Chris Santee and Barbara Ann Sempf in no way reflect my personal opinion regarding this situation.

Registered Members may post on the forum and are personally responsible for what they say and the names they use in any of their postings.

[mirjo]

It seems as though the select board is unhappy with the fact that that the town clerk fired the previous assistant town clerk (who was indeed paid) and hired other help of her own choosing....something she is entitled to do! If there was $ budgeted for an assistant, which there was for Rita Magnan, where did it go? Is  it in a special account  " For Rita Only"?  This whole situation with the town clerk & select board seems to have become personal and everyone is begining to lose credibility.