Posted on 06/25/2004 5:57:15 AM PDT by Behind Liberal Lines
AUBURN NY--Callers to Cayuga County District Attorney James Vargason's office June 11 received a telephone message that the district attorney's office was closed for the day to mourn the passing of former President Reagan.
While the day was set aside by President Bush for the nation to pay last respects to Reagan, county leaders said this week they made it clear beforehand that county offices were to be open that day. They said Vargason arbitrarily made the decision to shutter his operation for the day.
Vargason, who took elected office in 1992, was asked to explain his actions to county Legislature Chairman Herbert Marshall and the district attorney has elicited pointed criticism this week from at least one lawmaker.
Legal questions have also risen as to whether several of his staff of 14 were entitled to take the day off as compensation for working overtime without pay.
"My position is that the county chooses when we have days off. I discussed that with Mr. Vargason. If he needs to do something with his staff and office, he needs to do it in a combined effort with the rest of the county," said Marshall, R-Port Byron.
Vargason, also a Republican, said he gave his employees the day off because they had accrued more than enough compensatory time for working overtime without getting paid for it. He also said county and state courts were closed because Gov. George Pataki had shut down state government for the day.
In addition, someone from his office remained on call all day, a policy he maintains year-round.
"The bottom line is that I made the decision. It was the right thing to do, and I would do it over again in a heartbeat," he said Thursday.
Vargason said he is required to report and certify the number of hours each of his employees works on payroll records, including overtime. He said he believes the county has an obligation to compensate people who work overtime with pay or time off.
"The employees in the DA's office do not get overtime, but they work overtime every week," he said.
"It's my responsibility as district attorney and department head to honor the fact that the employees have such accumulated overtime hours without being paid. We do that by giving them comp hours," he said.
County Treasurer David Farrell said Vargason's payroll for the day totaled $2,908.49 and that the employees have already been paid for June 11 since department heads submit their employee payroll records two weeks in arrears. County employees are paid every two weeks and were last paid last Friday.
Marshall said the county needs to clarify its policy regarding compensation time for non-union professional staff. He met with department heads Thursday and Vargason was reportedly to meet with Fletcher later in the day.
County Legislator Richard Harrison, R-King Ferry, criticized Vargason for taking it upon himself to close his office.
"I think he's been running a one-man show for a lot of years. I think he has to realize he's part of county government and not just the DA, who gets what he says he wants," said Harrison, in his first year of office.
To that, Vargason replied, "There's only one elected DA in Cayuga County."
Legislator William Catto, D-Auburn, said county lawmakers who knew Vargason had arbitrarily closed his office "were upset about it."
Upstate bump
Maybe get some cases ready, catch up on other paper work, clean the offices? Answer questions from people who need information? But wait, even the receptionist had enough comp time added up.....
Just another office holder thinking that he has the legal right to do what he wants, regardless.
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