Rotterdam clerk loses lawsuit against former super

Former senior center coordinator overruled in past wages case

— Former Rotterdam supervisor Frank Del Gallo was right in denying Diane Marco wages she claimed were due, according to a Tuesday, Jan. 17, ruling.

Glenville Town Justice Brian Mercy denied Diane Marco, former project coordinator for the Rotterdam senior center and the new Town Clerk, past wages totaling $519.23 she claimed was due, which Del Gallo denied.

Marco received a letter from Del Gallo on her termination Feb. 28, 2011, after 14 months on the job and her reappointment at the beginning of the year. The termination had divided Town Board members and drew sharp criticism from residents.

Marco served the appointed position at the town’s discretion and Del Gallo’s dismissal wasn’t argued legally. Marco’s lawsuit claimed she worked 11 hours on Feb. 26, 11 hours on Feb. 27, and 9.5 hours on her last day of employment, for a total of 31.5 hours, for which she wasn’t compensated.

Del Gallo claimed he explained to Marco that she couldn’t be paid for the condensed hours, which were unauthorized.

“I don’t know what the heck her intentions were,” Del Gallo said today. “She just decided she was going to work a week in three days and she couldn’t do that. I tried to explain that to her but she didn’t listen.”

Marco could not immediately be reached for comment on Thursday morning. She was elected Town Clerk of Rotterdam in the November election.

Marco’s termination on Feb. 28 fell in the middle of the town’s bi-weekly pay period. Patrick Aragosa, former comptroller for Rotterdam, testified Marco’s position was part time, which the town defines as 17.5 hours per week, which would be 35 hours per pay period. This equaled 3.5 hours per day.

The Court’s ruling rested on Marco lacking the proper authorization for the hours worked. While Feb. 28 was a Monday, the previous two days fell on the weekend.

“The Court give full faith to the credibility of Ms. Marco, in that the hours submitted were actually performed,” Mercy wrote in his decision. “However, it does not appear that she was authorized to work weekends or condense two weeks of service into three days of work, regardless of whether the work was performed.”

Del Gallo was pleased the Court ruled in his favor.

“We were in the right all along,” Del Gallo said. “She had nothing coming. Whatever she had coming she got paid.”

The town did pay Marco for 3.5 hours of work on Monday, Feb. 28.

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