EX-ASSISTANT CONTINUES FIGHT FOR FAIRFAX PAY

By LEE J. KAHRS - MESSENGER STAFF WRITER

FAIRFAX -- An assistant town clerk here has asked a small claims judge to reconsider his ruling in favor of the Fairfax selectboard in a case she filed against the town.

Melissa Allard filed a motion to reconsider in Franklin Small Claims Court Thursday, asking Judge Ben Joseph to look at her case again and consider two key provisions of the Vermont Constitution.

Joseph found for the selectboard in his December 6 ruling on the case, in which Allard sought $450 in back pay for hours she worked in the clerk's office. The selectboard refused to pay her, saying she was hired exclusively as an assistant town clerk and the town did not budget for that position.

Joseph cited Vermont law in his ruling, stating that while Town Clerk Tina Levick had the power to appoint Allard, only the selectboard has the authority to set compensation for town employees.

In her motion Thursday, Allard asked Joseph to consider another provision of the state constitution pertaining to public service.

"...I believe you overlooked or misapprehended the provision...Chapter 2, Section 61, which states: ...If any person is called into public service to the prejudice of that person' private affairs, the person has a right to a reasonable compensation," Allard wrote.

She went on to say that statute cited by Judge Joseph points to a mandate for the selectboard.

"The Law states..., when taken together with the statute, that the Selectboard shall fix compensation, 24.VSA.932 clarifies that the shal fix means that such "shall fix" is mandatory...," Allard wrote, "...so that the elected results of the People's will not be undone at the whim of some all-powerful selectboard."

Allard also took exception to Joseph's assertion that she chose to continue working even after she was apprised of the selectboard's decision not to pay her.

"I could not have in fact, as a sworn officer, been working as a volunteer even if I had I wanted to, which I did not," she wrote, "or I never would have asked this court to help me get my back compensation."

In closing, Allard asserts that Joseph's ruling may unintentionally disrupt municipal government across Vermont.

"Your Order has the ability to so un-settle Town Government throughout this State, " Allard wrote, "permitting any Selectboard's so-said optional prerogative to...demand volunteer official service from any and all officers in this state, which is a result which I do not believe that this court intended."

The Fairfax Town Clerk's office has been in state of upheaval since the Allard case began in March. Levick has filed her own lawsuit against the selectboard because if the assistant issue, and selectboard filed a countersuit charging Levick with harrassment.

Last week, Second Assistant Town Clerk Barbara-Ann Sempft refused to open the town vault in protest because the selectboard has not paid her either.

Levick appointed Sempft in April, after Allard took a leave from her position because of the pay issue.