Clarifying the Facts: Director of Community and Economic Development Appointment

A Message from Town Supervisor Tracie McGill

Several questions were raised at last night's Town Board meeting regarding the hiring of the Town's new Director of Community and Economic Development. Because there has been some conflicting information, I want to provide the facts.

The position was formally reviewed and approved by the Essex County Personnel Office under New York Civil Service Law. Essex County classified the position as Competitive, Job Specification A495, and the County's approved classification specifically lists the salary group or range as “Varies.”

A competitive civil service classification does not establish a particular salary or salary range. It describes the civil service process used to determine merit and fitness for appointment. The Town Board is responsible under New York Town Law for appointing Town employees and for setting their compensation.

There was also a statement that the Town violated New York's Pay Transparency Law because a salary range was not included in the job posting. That is not correct. New York Labor Law §194-b applies to private employers. The definition of “employer” applicable to that law specifically excludes governmental agencies. Therefore, the Town was not legally required under the State Pay Transparency Law to include a salary range in this municipal job posting.

I disclosed the proposed salary publicly at the Town Board meeting because I believe residents should know the financial terms being considered by their Board, not because the State Pay Transparency Law required that disclosure.

The recruitment process was also not a “back door deal.” Two Council members and I interviewed the candidate separately. We did not conduct a private meeting together, compare interview notes or deliberate as a group. Each interviewer independently evaluated the candidate. The candidate meets or exceeds the qualifications established for the position.

Most importantly, the hiring decision was not made privately. The appointment and salary were presented to the Town Board and approved by a majority vote at a public Town Board meeting. The appointment will also be handled in accordance with the applicable Essex County Civil Service requirements.

Residents are certainly entitled to have different opinions about the position, the salary, or whether this is the right investment for the Town. Those are fair subjects for public discussion. But those discussions should be based on accurate information about the process and the law.

For reference, the applicable provisions include New York Labor Law §§190 and 194-b, Civil Service Law §§22 and 44, and Town Law §§20, 27 and 63.

Tracie McGill, Town Supervisor