TOWN BOARD OF THE TOWN OF MALTA June 29, 2015 Special Town Board Meeting. The Special Town Board Meeting commenced at 8:03pm June 29, 2015.

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1 TOWN BOARD OF THE TOWN OF MALTA June 29, 2015 Special Town Board Meeting The Special Town Board Meeting commenced at 8:03pm June 29, RESOLUTION # - June 29, 2015 APPOINT HISTORIC PRESERVATION REVIEW COMMISSION COMMITTEE SECRETARY Hartzell; Klotz; þruisi; Sausville; Thomas BE IT RESOLVED that the Town Board of the Town of Malta be and hereby appoints Corine Houry-K ling as Secretary to the Historic Preservation Review Commission Committee at an hourly rate of $11.16 for the remainder of 2015 to serve at the pleasure of the Town Board. RESOLUTION # - June 29, 2015 APPOINT DEPUTY ANIMAL CONTROL OFFICER Hartzell; Klotz; þruisi; Sausville; Thomas BE IT RESOLVED that the Town Board of the Town of Malta be and hereby appoints Kristin Hastings as Deputy Animal Control Officer at an hourly rate of $12.00 for the remainder of 2015 to serve at the pleasure of the Town Board; with said appointment subject to a probationary period of not less than eight weeks and not more than fifty-two weeks and an appropriate background check.

2 A motion was made by John Hartzell, seconded by Peter Klotz, to move to executive session. The motion carried unanimously. Tara Thomas recused herself from all further proceedings. Executive session commenced. The pending litigation with Jennifer Chudy was discussed. A motion was made by Peter Klotz, seconded by John Hartzell, to return to regular session. The motion was unanimously approved.

3 SETTLE CHUDY CLAIM RESOLUTION NO. JUNE 29, 2015 þhartzell; Klotz; Ruisi; Sausville; Thomas WHEREAS Jennifer A. Chudy, Deputy Town Clerk, made a written complaint concerning her working conditions through her counsel on October 9, 2014; and WHEREAS the Town Board commissioned an investigation of the circumstances surrounding the Complaint, retaining attorney Lisa F. Joslin to investigate and prepare a report; and WHEREAS attorney Joslin presented her report to the Malta Town Board on November 13, 2014; and WHEREAS a Notice of Claim was served upon the Town of Malta through counsel by Jennifer A. Chudy on November 24, 2014; and WHEREAS a Complaint dated March 6, 2015 was filed by Jennifer A. Chudy with the NYS Division of Human Rights, through counsel, which Complaint is still pending; and WHEREAS the Town s Liability Insurer retained Jonathan Bernstein, Esq. to represent the interests of the Town and individuals named in the Human Rights Complaint, and John Asplund, Esq. as conflicts counsel to represent the three individuals named by Jennifer A. Chudy with conflicting interests to the other defendants; and WHEREAS a settlement conference was held before the Hon. David R. Homer on the 22 nd day of June, 2015 at which a tentative settlement was reached; now, therefore, on the advice of Jonathan Bernstein, John Asplund and the Malta Town Attorney, it is RESOLVED that the Town Board of the Town of Malta consents to the resolution of the claims, made and potential, of Jennifer A. Chudy, against the Town and its employees and officers, elected and unelected, in exchange for a payment of $100,000.00; and it is further RESOLVED that the Town Board of the Town of Malta authorizes and directs payment of $5,000 towards the cost of the settlement, said sum representing the deductible payable under the Town s liability insurance agreement; and it is lastly RESOLVED that Jennifer Chudy s resignation effective July 3, 2015 is accepted, and she is placed on paid administrated leave effective June 23, 2015 through July 3, 2015.

4 RESOLUTION NO. JUNE 29, 2015 CALL FOR RESIGNATION OF TOWN CLERK þhartzell; Klotz; Ruisi; Sausville; Thomas Unanimous; þhartzell; þklotz; Ruisi; þsausville; Thomas WHEREAS Jennifer A. Chudy, deputy Town Clerk, made a written complaint concerning her working conditions through her counsel on October 9, 2014; and WHEREAS the Town Board commissioned an investigation of the circumstances surrounding the Complaint, retaining attorney Lisa F. Joslin to investigate and prepare a report; and WHEREAS attorney Joslin presented her report to the Malta Town Board on November 13, 2014; and WHEREAS a Notice of Claim was served upon the Town of Malta through counsel by Jennifer A. Chudy on November 24, 2014; and WHEREAS a Complaint dated March 6, 2015 was filed by Jennifer A. Chudy with the NYS Division of Human Rights, through counsel, which Complaint is still pending; and WHEREAS the Town s Liability Insurer retained Jonathan Bernstein, Esq. to represent the interests of the Town and individuals named in the Human Rights Complaint, and John Asplund, Esq. as conflicts counsel to represent the three individuals named by Jennifer A. Chudy with conflicting interests to the other defendants; and WHEREAS a settlement conference was held before the Hon. David R. Homer on the 22 nd day of June, 2015 at which a tentative settlement was reached whereby the Town would receive a general release from Jennifer A. Chudy in exchange for payment of $100,000; and WHEREAS, on the advice of counsel, the Town Board of the Town of Malta resolved the claims, made and potential, of Jennifer A. Chudy, against the Town and its employees and officers, elected and unelected, in exchange for a payment of $100,000.00; now, therefore, it is RESOLVED that the Town Board of the Town of Malta finds that such a settlement, which requires payment of a deductable of $5,000 by the Town of Malta, would not have been necessary but for the behavior of the Town Clerk; and it is accordingly RESOLVED that the Town Board of the Town of Malta calls upon the Town Clerk to resign her position as being in the best interests of the Town.

5 A motion was made by John Hartzell, seconded by Peter Klotz, to close the meeting at 9:10pm. The motion was unanimously approved. The meeting closed at 9:10pm.

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