4.03
4.3
APPOINTMENTS\\Demotion from Working Supervisor to HEO in Highway – Eugene Ward – 12-7-2020
RESOLUTION AUTHORIZING SETTLEMENT AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND CIVIL SERVICE EMPLOYEES
ASSOCIATION, INC. REGARDING EUGENE WARD
RESOLUTION NO. __________________________________________________, 2020
INTRODUCED BY: __________________________________________________
WHO MOVED FOR ITS ADOPTION
SECONDED BY: ___________________________________________________
WHEREAS, the Town of Queensbury and the Town of Queensbury Unit of the Civil
Service Employees Association, Inc. (CSEA) entered into a Collective Bargaining Agreement for
the period January 1, 2020 through December 31, 2023, and
WHEREAS, Eugene Ward is currently employed by the Town in the Bargaining Unit
position of Working Supervisor in the Town’s Highway Department, and
WHEREAS, Mr. Ward is being demoted to the Bargaining Unit position of Heavy
Equipment Operator in accordance with the provisions of a Settlement Agreement substantially in
the form presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and ratifies the demotion of
Eugene Ward from his current Working Supervisor position to the Heavy Equipment Operator
position in accordance with the provisions of the Settlement Agreement substantially in the form
presented at this meeting, and
BE IT FURTHER,
RESOLVED, that Mr. Ward shall be paid at the rate of pay specified for the HEO position in
the Collective Bargaining Agreement between the Town and CSEA, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Highway
Superintendent to execute the Settlement Agreement and the Town Supervisor, Highway
Superintendent and/or Town Budget Officer to complete any forms and take any actions necessary to
effectuate all terms of this Resolution.
th
Duly adopted this 7 day of December, 2020 by the following vote:
AYES :
NOES :
ABSENT:
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT is made on November 17 , 2020 by and among the TOWN OF
QUEENSBURY("Town"), the CIVIL SERVICE EMPLOYEES ASSSOCIATION, INC., LOCAL 1000 AFSCME,AFL-
CIO,TOWN OF QUEENSBURY UNIT#900700,WARREN COUNTY LOCAL 857 ("CSEA"), and EUGENE WARD
("Mr.Ward") as follows:
WHEREAS, the Town and CSEA entered into a Collective Bargaining Agreement for the period
January 1, 2020 through December 31, 2023;and
WHEREAS, Mr. Ward is currently employed by the Town in the bargaining unit position of
Working Supervisor;and
WHEREAS, Mr. Ward is being demoted to the bargaining unit position of Heavy Equipment
Operator in accordance with the provisions of this Settlement Agreement;and
WHEREAS,the parties hereto desire to resolve this matter without the necessity of the filing of a
grievance or utilizing the Grievance Procedure contained in the Collective Bargaining Agreement;
NOW,THEREFORE, the parties hereto agree as follows:
1. Mr.Ward hereby accepts his demotion from the position of Working Supervisor to the
position of Heavy Equipment Operator effective at the beginning of his workday on Monday, November
23, 2020.
2. The Town agrees that if Mr. Ward does not receive any discipline between November
23,2020 and November 22, 2021, the disciplinary material, including the complaints against Mr.Ward,
contained in his personnel file prior to November 23, 2020 will be removed from his personnel file.
3. CSEA and Mr.Ward agree not to file a grievance or utilize the Grievance Procedure
contained in the Collective Bargaining Agreement concerning Mr. Ward's demotion referenced herein.
IN WITNESS WHEREOF,the parties hereto have signed this Agreement as of the day and year
first above written.
TOWN OF QUEENSBURY
BY: Li c,,( %t Cock
David Duell, Highway Superintendent
CIVIL SERVICE EMPLOYEES ASSSOCIATION, INC., LOCAL
1000 AFSCME,AFL-CIO,TOWN OF QUEENSBURY UNIT
#900700, WARREN COUNTY LOCAL 857
2020
By: 1
4
Eugen and