Hoffman Wins Some

Posted by MJ

The Buffalo News and LUSJ reported on Hoffman's win for back pay and health insurance due to the lettering of the law passed.

Michael E. Hoffman, former Lockport streets and parks superintendent, is entitled to 90 days’ back pay, lifetime health insurance and a hearing on whether he should get his job back...
...Hoffman’s lawyer, Thomas H. Brandt, argued successfully that the local law the Council passed Feb. 2 erasing Hoffman’s job title from the City Charter didn’t take effect until 90 days after that.
Ottaviano said the key sentence— “This ordinance shall take effect 90 days after its enactment into law” — shouldn’t have been there

He said the format of the charter amendment was cut and pasted on a computer from another law that had the 90-day waiting period. “The sentence at the bottom of the local law was an error,” he said.
Error or not, Brandt told the judge, “When a law says it’s effective 90 days after it’s passed, the parties are bound by that.”...
Copy and paste, while being a time saver, can also come back to bite.And can someone please remove lifetime health insurance from the city's benefit package?


Anonymous said...

good for Hoffman whether or not you like the guy its not hard to see he was shafted. People wine and cry about city and state employees but if that happened to themselves or there family they to would be crying foul. Once again the taxpayers are left to fork over for Tuckers temper tantrums

MJ said...

Reading it I'm not sure how things actually shook out.

If the reasoning is that the job was deleted do to cost savings by implementing the consultants suggestion then he deserves this money. It's not much different costs wise than if he would have worked those 90 days. It's not really a big money "loss" but a poor miss by those involved.

If the reasoning is job performance, then regardless of when the law says the job title disappeared that should have been his last pay day.

I say stick with the job removal path, give him the money and health care for life (can I work for the city for 5 years?) and move on.

G.I.Joe said...

This was an HR text book "how not to handle an employee problems". Does the city have an HR Manager?
The most significant issue that was brought to light was the absolutely irresponsible benefit associated with "life-time" medical for only 5 years of service. What genious was responsible for giving up that benefit.??

We need to negotiate that perk right out of any and all city-union contracts.

How about 10 years?
Employee only..no spouse

It's not in the Charter to act like a fool..is it?

Anonymous said...

MJ you forgot the third reason it could be - if the mayor just didn't like the employee...
His job performance was great, he had the employees actually working 8 hours a day, for that they complained to the mayor. he also stood up to the mayor when the mayor wanted to blast the employees if it wasn't warranted. He was a strong manager, but Tucker wanted someone strong on the employees but weak to him.
And the health coverage after 5 years is only if a job is eliminated not if someone quits. The mayor chose to eliminate the job. Hoffman would still happily be working at the job if he could.
I know we will never find out but I would love to see the cost "savings" from this. Hoffmans back pay, Allen is contracting out all his old work now, Allen's assistant was given extra money for doing Allens job now, etc.

hitler said...

if you are crying when you are wine-ing, you are doing thigns wrong

GI Joe said...

got spell check?

Patti said...

...and/or a dictionary or thesaurus?
"They" don't care if we understand it or not - it is what it is. The City messed up and, whether you like Hoffman or not it was the correct decision.
Yes - the City does have an HR Director who has a different title - same thing though.
"Nothing is more costly, nothing is more sterile, than vengeance."
Winston Churchill

Anonymous said...

Did I read it right last week that now they want to give Allen another raise already??? I noticed another inconsistency in the article in that they said there used to be 5 supervisors... but really there were only 3, I don;t know where the other 2 were supposed to be.
They have also given Allen's assistant the wages he was making before the switch. So we replaced Hoffman with Allen and gave him an extra $20,000 to do the job, while giving a raise to his old assistant, and eliminating one foreman!
By the way, is everyone aware that Allen only has to work 35 hours a week for his $82,000? And supposedly he makes sure that's all he works, he is out of there as soon as he gets is 7 hours in each day.
So to summarize - pay Hoffman a $73,000 bonus plus health benefits to fire him, give Allen a raise to $82,000 per year, give his assistant a raise - but save money and eliminate one foremans job! great idea!

MJ said...

Comment removed for nothing of substance and name calling.

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