West NY News

Allegany County issued the following announcement on Nov 4.

On October 30, 2020, Allegany County Clerk Robert Christman took to the airways and went to the press urging the public to contact the County Legislators and lobby for the extension of a position held by Mr. Christman’s daughter. He stated that the Allegany County Department of Motor Vehicles would not be able to maintain the same level of service for the public if this was not granted. Allegany County has worked hard to provide the services needed to our friends and neighbors, and do it in a fair and efficient manner. Elected officials such as the County Clerk, along with all Department Heads, conduct business within their department under rules and policies adopted by the Board of Legislators. Our Employment of Relatives Policy (aka  our nepotism policy), which was adopted in 1999, is obviously what stands in the way of Mr. Christman continuing to directly employ his daughter at a higher rate of pay than necessary.  Here are some of the facts that have been reviewed by the Legislators, and the reason this request did not move forward:

• Christman’s daughter was granted a temporary exception to our Employment of Relatives Policy in order to fill an immediate need in the DMV.
• Christman knew that this arrangement was temporary in nature from the start.
• The duties being performed are basic level clerical work that does not require any specialized or long-term training.
• Since there is a continued need for this positon, the Personnel Committee has provided Mr. Christman with the resources he needs to maintain his operations at its current level.  They have approved the hiring of a person to take over the duties currently being performed by Mr. Christman’s daughter.  They have also approved a short-term extension for his daughter in order to fully train her replacement.
• The issue for Mr. Christman at this time rests solely with his desire to keep his daughter employed in his office against our Employment of Relatives Policy.  He has been given the ability to hire a member of our community who desires some temporary work.  Whether or not Mr. Christman exercises that ability is completely under his control.
• Continuing to employ Mr. Christman’s daughter in this position supplies her with benefits including paid time off and health insurance that were never intended to apply to a temporary position in his office.  No other “summer help” position in his office has received these benefits.

Due to his hybrid approach of filling a “summer help” position full-time with his daughter at this higher rate of pay, the Personnel Committee is moving forward with eliminating the exception in place since 1999 and will be using language put forth from the State Comptroller’s Office in Model Code of Ethics for Local Governments, which states in Section 14. Nepotism.

Except as otherwise required by law:

(a) No municipal officer or employee, either individually or as a member of a board, may participate in any decision specifically to appoint, hire, promote, discipline or discharge a relative for any position at, for, or within the municipality or a municipal board.

(b)  No municipal officer or employee may supervise a relative in the performance of the relative’s official powers or duties.

We hope that this will help clarify our position as it relates to this issue for not only Mr. Christman, but the public that depends on his proper operation of the DMV as well.

Clerk’s Request To Keep Index Clerk

Original source can be found here.