Ex-Rome school security head admits stealing pens

[Swimmy]

Ex-Rome school security head admits stealing pension funds

So, let me get this straight. This guy resigns from a government position, and is re-hired for a different government position without a waiver and is criminally charged with Grand Larceny. He's ordered to repay $88,000.

BUT, Carol Fairbrother, secretly resigns to collect her pension, but does not officially resign for three years to collect her padded salary only to receive a sweet fair well party?

Anyone else left scratching their heads trying to figure out how two different people committed the same acts, and one is criminally charged and ordered to return the money while the other receives $73,000 in hush money?

[Clipper]

Only in New Hartford NY swimmy. It is only a matter of time until SOMEBODY is jailed over the politics in NH.

[Swimmy]

They have survived countless state audits, state investigations, and fbi investigations with no results. I wish i could believe you on that, clipper, but I just don't see that happening.

[clarencebunsen]

My understanding is that Mr. Hubal's problem was not "double dipping" but not getting a waiver.

Do you know if Mrs. Fairbrother received a waiver? If she did, she may have violated pension fund administrative rules but not violated the law. If she did not, it would seem like a matter for the DA.

Without knowing the waiver status, I see no way to compare the cases.

[Swimmy]

The problem is that she was supposed to resign from her position and then apply for a waive and be re-hired. That never happened. She never formally or officially resigned her position until November 2010. But according to the state, she had resigned in 2007. She never publicly or officially resigned in 2007. And she was never re-hired as Bookkeeper either, she continued as Bookkeeper until November 2010. Therefore, she too, needed a waiver. She also needed to report that she was working again, just as in Mr. Hubal's situation. Though the reality is that she never stopped working.

[clarencebunsen]

I understand that she needed a waiver. My question was did she apply for & receive one? My understanding based on the reports is that M. Hubal applied for but did not receive a waiver, hence his prosecution.

If Ms. Fairbrother received a waiver, she would not have violated the same law. If she violated the waiver rules, is that also a violation of law or a violation of administrative rules? If it is an administration violation, I could understand why the DA didn't prosecute although the state might sue.

[Swimmy]

Clarence, I think you're approaching it incorrectly. The point is that she never applied for a waiver when she was supposed to. She did exactly what this guy did but more shadily (yes, I created that word, lol). She never officially retired, unlike Mr. Hubal. She started collecting a pension anyway, while drawing a full salary without a waiver.

[clarencebunsen]

No, I think that's how I'm approaching it. that is exactly the question I'm asking. Did she apply for & get a waiver? I've never seen that issue addressed. She obviously did file paperwork. If an application for waiver was included & approved, then she would not be in the same category as Mr. Hubal.

Are the rules about getting a waiver part of a state law or rules from a state administrator? I'm looking for some reason that the DA is not prosecuting, something other than a conspiracy theory.

[Swimmy]

But that's my point: she never FILED because she NEVER officially retired from her current position until November 2010. All the paperwork I have seen shows no application for a waiver, just to notify the state she retired and could start collecting her pension. And that was done by the Town Personnel Director. And since she NEVER officially resigned from her original position (i.e. served a letter of resignation, or retired according to town and state laws), she was illegally collecting her pension and drawing a full salary WITHOUT a waiver.

I don't know whether the rules about getting a waiver are part of state law or some administrative rule. It should not matter as an administrative rule is given similar weight and authority as a law.

I'm not suggesting a conspiracy theory. I want to know why there has been no investigation or indictment on the Fairbrother matter.

[clarencebunsen]

OK, thanks, that is what I was questioning. I guess the next questions would be for the DA.

It's interesting that we have two cases in which the local personnel department seems to have screwed up. Makes me wonder what if any info the state pension people give out. My experience with getting correct and complete information from government agencies hasn't been good.