Fairfax Town Clerk Tenders Resignation

[Henry]

 


Monday January 3, 2005

Fairfax clerk tenders resignation

By LEE J. KAHRS
Messenger Staff Writer

FAIRFAX ––Town Clerk Tina Levick has resigned with a sizeable settlement, ending months of animosity between her office and the Fairfax Selectboard.

The message on the Town Clerk’s answering machine this morning said it all.

“I am very disappointed to say I am no longer your town clerk,” said the voice of Tina Levick. “Due to interference from the selectboard, the town treasurer, and the listers, I have been forced to resign.”

Reached at her home this morning, Levick said financial settlement papers have not yet been signed, but that she proposed the amount of $13,660 in pay, benefits and money to pay her legal fees.

Levick said $4,200 will cover her legal fees to attorney Joseph Cahill and $680 is back pay that the selectboard previously denied her. The selectboard also agreed to pay Levick three months salary and two months insurance coverage while she looks for another job.

“Because of the atmosphere in that office, I settled for that amount of money and the selectboard agreed to pay it for damages done,” Levick said. “The selectboard is paying a ton of money to get rid of me when they could’ve just paid my assistant $450.”

That assistant, Melissa Allard, brought a small claims suit against the selectboard in November for $450 in back pay. Judge Ben Joseph found for the selectboard in that case, saying the board has the power to set compensation for town employees. Allard has since filed a motion to reconsider, which is pending.

Levick had her own lawsuit pending against the selectboard stemming from the board’s refusal to pay Allard. Levick claimed the selectboard had no legal control over the office of town clerk because it is an independently elected post.

The selectboard answered by filing a lawsuit against Levick, who was 10 months into her second three-year term. The settlement stipulates that both sides drop those suits.

When asked for a comment on the settlement and Levick’s resignation, Selectboard Chair Jeff Blake declined.

“We have no comment,” he said. “We have a selectboard meeting tonight.”

This morning, Levick said she did not expect the selectboard to agree to the offer, and is happy to put the situation behind her.

“I was tired of the fighting, and the people were tired of the fighting,” she said. “It’s a big relief off my shoulders. If I had lost or won, I would’ve had the same people in that office hating me.”

Levick said the stress of the situation was affecting her health and her family.

“I had to bring this home to my family every night and they got tired of it, too,” she said. “I would go to my doctor every month and she could see it affecting me.”

The Fairfax saga began with the selectboard’s refusal to pay Allard as assistant town clerk in March. Levick had dismissed Rita Magnan as assistant town clerk. Levick's sister, Melissa Allard, was hired to replace Magnan.

The selectboard voided Levick’s dismissal of Magnan, reinstating her as a town employee, and refusing to pay the salary of Allard as assistant town clerk.

The story continued last month, when Levick changed the vault combination the same week Judge Joseph found for the Fairfax Selectboard in the small claims case. Town business came to a standstill because only Levick and Second Assistant Clerk Barbara-Ann Sempf had the new combination. On Dec. 13, Levick was out of the office and Sempf refused to open the vault in protest, alleging that the selectboard had not paid her either.

Two weeks ago, Judge Joseph ordered Levick to change the vault combination and instructed her to give the new combination only to town treasurer Donna Meunier.

Levick said she changed the combination because she was afraid the selectboard would take something from the vault to incriminate her. She claims the selectboard, and Blake in particular, conspired to force her out of office. It started with the board taking away daily billing tasks from her, Levick said, and evolved into changing the locks on the other town office doors, preventing Levick from doing her job effectively.

“The selectboard did everything they could to hinder my performance as clerk,” she said. “They would interfere and made it very difficult to do my job.”

Levick said she fought the board as long as she did to prove a point.

“I wanted the taxpayers to see the kind of people that are on the selectboard,” she said. “I didn’t care about power and authority, I just wanted to do my job and go home.”
 

[Judy Allard]

1-I am very confused over how the Selectboard can pay a Town Clerk to leave when she was voted in by the town.
2- Where is this money coming from? And is it in the budget?
3- Now that they have asked the Treasurer to cover this job will she be doing both jobs?
4- Isn't it in the laws covering this issue that the Treasurer (who cuts checks) can not assist the Town Clerk.
5-Will Donna get an assistant to help her with all this work?
6- They could not pay any of Tina's assistants due to lack of money......How will they pay one now if needed?
7- When Rita was first let go..and did not come in for a few weeks...are the tax payer AWARE that she WAS paid for NOT being there..yet they still refuse to pay Melissa Allard for BEING there....to include spending your tax dollars in legal fees NOT to pay her?
8- One more thing here! There seems to be a lot of talk over Tina hiring Melissa and they are sisters!!! Do I NEED to list here all the people working for Fairfax that are related? Do I need to mention that the Selectboard Chair, Mr. Blake, is the husband of the Tax Collector...and that job being one of the highest paying jobs in the town?
9- The Selectboard seems to scare everyone...and anyone who DARES to question them...THANK GOD..Tina Levick did the job that she was voted on to do. She did not run and hide from the "Powers  that be" and did not go out without trying to make change. Problem is,eventually, everyone gets tired of beating your head against a brick wall !
The public may never hear all the truth around this problem. They will go into private sessions...where there is no public record.
Be CAREFUL who you vote for in March....If the Selectboard does not agree with your vote...They will not be there long.
Maybe it should be put in the budget "Monies for  people...voted on...we do not like "!!!
Maybe...just maybe...Fairfax should of been called UN-FAIR-FACTS !!!

[Tina]

Judy,
You are absolutely correct with your comments.  But let me add to your list of facts.  One thing at a time:  It would take me about three years to tell everything.  That is how long I have been putting up with the interference of the Selectboard.  From the time that Dale Bellows resigned as Chair of the Selectboard and Jeff Blake was Elected for a three year term.
This year, so much has happened that the people should know about.
For instance, speaking of non-budgeted items, Sally Mills, Selectboard Assistant, was approved for health insurance during the middle of the year.  (Why?)   This was not budgeted for. I had to wait until budget time to get my insurance policy.  I guess it depends on who you are and who you follow.   Like you said, they did not have enough money to pay for my assistants!  But all of a sudden, again they come up with money to pay for Sally's insurance premium.  Now, most, everyone knows that Rita was my Assistant Town Clerk and that she was being paid, meaning that she was budgeted for. It sure seems to me that there are certain people in the office that have a lot of pull with the Selectboard.  Why and what are they getting in return to be rewarded.  I refused to follow.  Maybe that is why Mr. Blake in particular did not like me.  I am not a fake or a follower.  I don't take orders.  I speak from my heart,  because I have nothing to hide.   I was elected by the people to serve the people and that is exactly what I tried to do.  Unfortunatally, the Selectboard does not have the same view as I do.  They have let their personal views and opinions of me cloud their minds.  They have forgotten why they were elected into their official positions.  To serve the people and to do what is in the best interest of the people and the Town, is the reason why the Selectbaord members were elected.  (Have they proved to you, the taxpayers, that they have fulfilled their positions as Selectboard Members?)  If there is any question in your mind about what I am saying right now, it is very important that you think very hard about changing who is running this Town.  I tried to change things for the better of the people.  But everything that I did was picked apart and questioned. I understand that some people do not like change, but as a municipality we needed to stay current with the rest of the other Town Offices.  These are the things that I was trying to accomplish, but unfortunately, I was outnumbered in the office.  I did not want to leave, I loved my job.  It is up to YOU, the people of this Town to take control of what is going on.  You, the taxpayers are the ones who really have all of the power to change things, if you want to.   Unfortunately,  our Selectboard seems to think that they have all the power. The problem is, that they are focusing on the wrong issues, and they have let their power AND authority go to their heads.  The power is in the hands of the people. Only you can change what is going on.  Go to Selectboard meetings, they are very important.  Read the minutes.  See where your money is being spent,  ask questions, ask for records.  Everything in the Town Office is Public information.  If you have a question about something, ask for the records, or the documentation that you need to get your questions answered.  LASTLY, don't forget to go to Town meeting which is held on Feb 26 in the School, this is when most of the voting for many important issues takes place and also when discussions about issues like this come up. More people need to show up on this day.  Don't think that you don't count.  Every single vote counts.  To be continued..........
Tina Levick

[Chris Santee]

Greetings All,
Thanks to Henry & Larry for having this site.

Tina mentioned that every vote counts.
624 registered Fairfax voters happily re-elected Tina about ten months ago.

She mentions interference from the Selectboard (5 people),
the listers (2 people),
the treasurer (1 person)
and the delinquent tax collector (1 person)

That's 9 people.

Did 624 beat 9 ?
Did our votes count ?
Will our kids learn math ?

[cestreet]

I am inclined to look at the numbers you cite from a different angle.  When one person has a problem with NINE others, that person must be prepared to withstand additional challenges and questions regarding their position on the problem in question.  I have had some limited interaction with the former Town Clerk via e-mail and have read her post here. My impression is that she is defensive and angry in her presentation, and whatever valid points she may have are lost in the ranting, negative, and less-than-professional tone of her communications.   While it is unfortunate that this issue was not resolved in a more constructive manner, I think it is to the benefit of the town that it is being settled so that town business can go forward.

Clarice Streets

[Chris Santee]

Hi Clarice, et al,
 
Thanks for your post, good point.
I would love to hear from any of "the nine" here with any of their complaints against our former Town Clerk.
 
As Editor of The Fairfax News, I listened to their complaints, obtained and read the lawsuit filed against Levick and got on the phone trying to find out the truth.
 
I spoke with many, many Fairfax residents, asking them if they had anything negative to say about Tina Levick.  
One person said "I heard her swear once."
Outside of that, I received nothing but compliments for the woman.
 
I called attorneys in St. Albans asking them about conduct and efficiency.
I received the same answer time after time:
"Fairfax's Town Clerk's office (under Levick) is the finest in the County for obtaining records.
 
I called the Secretary of State's office and they stated Tina Levick had done nothing wrong.
 
I researched Selectboard Notes from Ed Nuttall and found about two months worth of the Selectboard complaining about Levick having a "drop-box".
I read more and researched the drop-box complaint.
 
It seems in most rural communities, where residents work out-of-town, the Town Clerk has a "drop-box" for residents to drop off documents after hours.  Sounded logical.
I went to Georgia Town Office, where they have a "drop-box" and asked "Have you ever had any problems with the drop-box?"
They paused in silence, looked at each other and burst out laughing in unison.
They stated in chorus "It's a box! How could you have a problem with it?"
 
One of our Elected Town Listers, and Assistant to the Selectboard, Sally Mills wrote a letter to the Selectboard regarding the "drop-box."
Under the Freedom of Information Act, The Fairfax News asked for a copy of Mills' letter, but we were denied for the reason that the request was not made in writing. There is no such requirement in the law.
The Fairfax News put the request in writing and again was turned down by Mills.
The Secretary of State's Office said to sue, a judge would force her to turn over the document and the townspeople would take care of the cost.
We chose not to do this.
 
After all was said and done, the Selectboard voted for Levick to remove the drop-box, even though the Selectboard has no authority over the Town Clerk's Office (Vermont Law).
The Selectboard's conclusion was that, and I quote "the box was too confusing."
 
I figure complaints like this lead to our paying Levick over $13K in financial settlement.
 
Now, Clarice, you closed with: "I think it is to the benefit of the town that it is being settled so that town business can go forward."
 
I wish it were so simple, but I believe the problem still remains in office.
If the incumbents remain past Election Day, I am afraid we will see more lawsuits.

[mirjo]

I have read the unoffical minutes of the selectboard meetings for a long time and if I know one thing it is this: when some in this town gets a bee in their bonnet about someone else, that person has the cross hairs of a loaded rifle sighted right onto their back! I've seen it happen before and what is interesting is that alot of the same names keep reappearing!
I don't know how this mess got started, but I recall seeing something about the town clerk week after week in the minutes and after reading it saying "what?" None of it ever really made much sense. It really did come across as personal against the town clerk. What is most unfortunate is that it was aired out publicly in the newspapers for the state to see making Fairfax look ridiculous.
I agree that now "town business can go on", without this petty fight taking place, however, I don't think the ELECTED town clerk should have felt compelled to resign (unless she was pressured from the people who RE-ELECTED her, which wasn't the case)
So what will the next petty issue be?