Albany Times Union

Legal fallout

Former Saratoga County administra­tor seeks back pay, damages after firing

- By Wendy Liberatore

Former Saratoga County administra­tor seeks back pay, damages after firing./

The legal fallout from Saratoga County’s pandemic pay scandal continues.

Spencer Hellwig, the former county administra­tor who was fired in January, filed an Article 78 in Saratoga County Supreme Court on May 6, seeking to restore his position and lost wages. This follows a notice of claim that Hellwig’s lawyer filed last month in which he seeks damages as a victim of “gross negligence, slander, libel and defamation,” as well as “intentiona­l infliction of emotional distress.”

Hellwig’s lawyer, Michael Koenig, did not respond to a Times Union request for comment on Monday on the new court filings.

Board of Supervisor­s Chair Todd Kusnierz said he could not comment on the specific litigation, but he added, “the Board of Supervisor­s will vigorously defend the taxpayers of Saratoga County on this issue.”

Hellwig’s firing is a result of the pay debacle that was hatched in the early days of the pandemic by Hellwig, county Director of Human Resources Marcy Mcnamara, then-board of Supervisor Chair Preston Allen, Greenfield Supervisor Daniel Pemrick and Saratoga Supervisor Tom Wood.

The plan was to pay all employees, including managers like Hellwig, time-anda-half pay for every hour worked during the pandemic. At the time, Mcnamara told the law and finance committee that “every municipali­ty is doing it” including Saratoga Springs, Greenfield, Malta and Wilton. However, none of those communitie­s paid their workers time-and-a-half for regular hours during the pandemic.

In the court filing, Koenig argued that

Hellwig was “improperly and unlawfully terminated,” and that prior to the terminatio­n, Hellwig “had been a faithful and dedicated public servant of the county since 1988,” and that his “terminatio­n had no sound basis in reason or regard to the facts.”

When Hellwig was replaced in January, it looked like he was solely bearing the brunt of the controvers­ial plan that ended up being scrapped within weeks.

Meanwhile, Mcnamara’s position is currently posted on the county’s website. The $125,898 a year job, the posting indicates, comes with “excellent benefits.” The chosen applicant will be granted a six-year contract. Applicatio­ns will be accepted until the position is filled.

Mcnamara did not respond to a Times Union request for comment on the future of her position.

Kusnierz would not comment on if the job posting and Mcnamara’s actions surroundin­g the pandemic pay are connected. He did say that Mcnamara’s contract, which was also a six-year agreement, will be up in mid-may. He also said Mcnamara can apply.

“The HR committee has decided to post the position,” Kusnierz said. “This is a very important position at the county and the county administra­tor by local law makes a recommenda­tion to the Board of Supervisor­s. The committee decided to move forward with an open posting. The reason for the action is the term expires.”

 ?? Wendy Liberatore / Times Union ?? Spencer Hellwig seeks back pay after he was fired by Saratoga County.
Wendy Liberatore / Times Union Spencer Hellwig seeks back pay after he was fired by Saratoga County.

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