Ulster County executive Jen Metzger on December 18 issued the first veto of her four-year term to block an amendment passed at the final budget meeting of the county legislature which sought to rectify a $5.70 hourly pay disparity affecting 64 county DPW employees over the last five years.
Insisting that she remained “steadfast in [her] commitment to ensuring that all of Ulster Countyʼs hard-working union employees get a fair deal,” Metzger characterized the legislatureʼs amendment as “a unilateral action” which could only run afoul of state law, as it dispensed with the county’s obligation to protect a labor union’s right to organize and collectively bargain on behalf of its members.
More than 1000 county employees represented by the Civil Service Employees Association (CSEA) are in ongoing negotiations with county officials, hoping to finalize a new labor contract in time for the new year.
“As the legislature is aware, the contracts of all five unions representing county employees expire this month,” said Metzger, “and the action circumvents and interferes with good-faith contract negotiations already underway.”
Condemning the veto
Dissatisfied with Metzger’s explanation, the Republican minority caucus released a statement condemning the county executive’s action. The statement featured contributions by minority leader Kevin Roberts and legislators Craig Lopez and Jason J. Kovacs.
“The grinch,” wrote Roberts, “has definitely stolen Christmas from these families this year.”
“The county executive’s veto,” wrote Lopez, “demonstrates a lack of empathy for the very employees who keep our county running.”
“The backbone of our county’s operations,” wrote Kovacs, “have been left waiting for justice.”
The executive’s office called the Republican caucus disingenuous.
“[They] should be ashamed of themselves,” Metzger responded. “They are fully aware that this proposal violates the charter and the NYS Public Employees Fair Labor Act and undermines the ability of the county and labor unions to negotiate fair contracts.”
Metzger’s veto looks to be the second death of the line-item budget amendment originally crafted by Democratic legislator Joe Maloney. The amendment was originally forwarded to the Ways and Means Committee on Maloney’s behalf by committee member Roberts, where it was defeated four to three along party lines.
The executive’s office contended that the amendment’s earlier defeat followed advice from legislative counsel Christopher Ragucci, who had cautioned against writing raises into the budget without the input of negotiations.
Righting a wrong?
Reached by telephone, Roberts objected to the influence of legal opinions, which he contended amounted to burdensome bureaucracy which had the effect of obscuring the need to right a wrong.
“People have been there for over 20 years and make $25 an hour for the work they do,” he said. “They’re well-deserving of a raise.”
That the amendment was allowed to be revived at all was the result of a loophole in the budget process which allows a dead amendment to be resurrected for the consideration of the full deliberative body, provided that the motion to do so is seconded.
During the budget meeting of the full legislature, Maloney had offered a motion to consider the amendment. Roberts had seconded.
Before the long-roll vote, “Every single man and woman in DPW was under the impression for months that they were getting this raise until they found out they didn’t,” Maloney said about when the contract that had gone into effect in 2021, “and now they’re being offered four percent, along with the half of DPW that already had the raise. Let’s just make it right, I’m begging everybody.”
Democratic legislators Collins, Donaldson, Nolan and Uchitelle voted against Maloney’s amendment.
“I think this sets a horrible precedent,” Uchitelle explained. “I’m disappointed to see we’re doing an end run around the collective-bargaining process.”
Any successful effort by the legislature to override Metzger’s veto would require 16 members. Of the original 16 members to vote yes, half have already announced they’ve switched their votes over to the no column, citing concerns raised by counsel as well as time constraints which they say must prevent reconsideration of the budget.
Explaining the motivation of the defectors, chair of the legislator Peter Criswell said, “I think post-budget-vote there was more information that was given to people, and they realized that there was a process that has to take place, and that process is through collective bargaining.”
Criswell moved to convene a special meeting Thursday night to provide a forum for the critics, even as he doubted that the meeting could accomplish any binding action.
Roberts, who was headed over to the county building for the special meeting, expected not enough members to attend to constitute the minimum number needed for deliberation, twelve.
“Metzger had that legal opinion on the 15th of December,” he said. “She could have vetoed it on Sunday or Monday …. But instead she waited for the very last second that time would allow to cast her veto. And now we’re going to have a skeleton crew coming in tonight to talk about it and to vote on it. I will be there in solidarity of the employees.”
Just nine legislators attended the December 19 meeting.
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