399.2008
RESOLUTION AUTHORIZING COMMENCEMENT OF
SUPREME COURT ACTION TO SET ASIDE ARBITRATOR’S DECISION
IN THE MATTER OF FLEWELLING V. TOWN OF QUEENSBURY
GRIEVANCE PROCEEDINGS
RESOLUTION NO.: 399, 2008
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Town of Queensbury received a Decision from the Arbitrator in the
Matter of Flewelling v. Town of Queensbury Grievance Proceedings, and
WHEREAS, the Town’s Highway Superintendent has recommended to the Town Board
that it commence a Supreme Court action to set aside the Arbitrator’s Decision, and
WHEREAS, the Supreme Court is the sole Court with jurisdiction over this matter, and
WHEREAS, the Queensbury Town Board wishes to pursue preliminary and permanent
injunctive relief,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
commencement of a Warren County Supreme Court action to set aside the determination of the
Arbitrator as referenced in the preambles of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town’s Budget
Officer to arrange for payment of any Court and/or litigation costs related to this matter from the
account(s) deemed to be appropriate by the Budget Officer, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs Town Counsel to file
any necessary documentation to commence such proceeding and the Town Supervisor, Town
Counsel, Town Highway Superintendent and/or Town Budget Officer to take any and all action
necessary to effectuate all terms of this Resolution.
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Duly adopted this 18 day of August, 2008, by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None