Time-and-a-half pay
Fired Saratoga County leader says he was “fall guy” in pandemic-pay flap.
Spencer Hellwig, the former Saratoga County administrator fired in the fallout over a decision to pay extra money to department heads and other employees in the early days of the coronavirus pandemic, is warning he plans to sue the government he once ran and nine of its supervisors.
Hellwig alleges he was the victim of “gross negligence, slander, libel and defamation” as well as “intentional infliction of emotional distress.”
Fired in January after 33 years with the county, Hellwig claims in court papers filed in Albany County that the supervisors “made defamatory statements … which were published to a third party, which were in fact false statements.” The conduct of members of the board of supervisors, the filing continues, “was extreme and outrageous, and was done with an intent to cause or with disregard of a substantial probability of causing, severe emotional distress.”
Hellwig’s notice of claim, filed on his behalf by attorney Michael Koenig, targets not only the board of supervisors but specifically Moreau Supervisor and Board Chair Todd Kusnierz, Clifton Park Supervisors Phil Barrett and Jonathan
Schopf, Saratoga Springs Supervisors Tara Gaston and Matthew Veitch, Ballston Supervisor Eric Connolly, Wilton Supervisor John Lant, Malta Supervisor Darren O’connor and Halfmoon Supervisor Kevin Tollisen.
“I will let the record speak for itself,” Kusnierz said of Hellwig’s claims. “Unfortunately, I’m unable to comment on pending litigation.”
The trouble for Hellwig started in the early days of the pandemic after he and Director of Human Resources Marcy Mcnamara announced that essential workers, including administrators like Hellwig, would be paid time and a half for every hour worked during the pandemic. His claim alleges that “not one supervisor … objected or voiced any concern with the county’s stated intention to pay time and a half.”
However, at the supervisors’ March 17, 2020 law and finance committee meeting, Kusnierz balked at the idea of time-anda-half pay, saying he was concerned it “would set a precedent.” Mcnamara said “every municipality is doing it” including Saratoga Springs, Greenfield, Malta, Wilton. However, none of those communities paid their workers timeand-a-half for regular hours during the pandemic.
Less than an hour later, the full board of supervisors approved a $1 million allocation to respond to the pandemic. In that resolution, $838,525 was to go to department supplies to fight the pandemic. Another $150,000 was to go toward wages with another $11,475 going to pay Social Security. The resolution also formed a committee that was to be comprised of Hellwig, Mcnamara as well as Board of Supervisor Chair Preston Allen, Greenfield Supervisor Daniel Pemrick and Saratoga Supervisor Tom Wood to decide on employee compensation during the pandemic. It did not, however, authorize the plan to pay time-and-a-half for every hour worked during the pandemic.
After a public outcry over the $325,000-per-week cost, supervisors now named in the claim demanded the extra pay cease. After being adjusted several times, the entire plan was scrapped. The board of supervisors called for an investigation into the controversial plan, which ultimately ended in Hellwig ’s dismissal. Mcnamara remains as the head of the county’s human resources department.
Hellwig’s attorney, however, claims that the supervisors used the issue to “take control over county government and wreak operational havoc on the administrative staff.” And that Hellwig was used as the “fall guy” for the county’s pandemic pay problems.
Koenig did not respond to a Times Union request for comment.
Kusnierz said any damages paid out to Hellwig would be handled by the county’s insurance carrier.