More City Hall Overtime Outrage!

In the past, most city leaders in the highest-level administrative positions, also known as "Exempt" employees, were never eligible, nor did they ever collect overtime. Not during Hurricane Irene, other hurricanes, snowstorms, nor'easters and/or floods! That policy seemed to have changed as many exempt employees collected thousands in overtime in the two months after Superstorm Sandy. 

According to the Federal Fair Labor Standard Act (FSLA) exempt employees are NOT ELIGIBLE TO COLLECT ANY OVERTIME. 

To be CONSIDERED "exempt" an employee must (a) be paid at least $23,600 per year and (b) be paid on a salary basis, and also (c) perform exempt job duties where the employee:

1. regularly supervises two or more other employees, and
2. has management as the primary duty of the position, and
3. has some genuine input into the job status of other employees (such as hiring, firing, promotions, or assignments).

Despite not being permitted to earn any overtime, Commissioner of Public Works Jim Lacarrubba topped the overtime charts earning nearly $17,000 in overtime during two months.  According to documents obtained through the Freedom of Information Law (FOIL) listed below is exactly what each official received in taxpayer funded overtime during November and December 2012 (only two months). The following Mandel Administration employees are classified as "exempt" under the city charter, state and local civil service classification, as well as under the FLSA. They are not permitted to collect any overtime salary, but they did, and LOTS of it: 

Jim Lacarrubba, Commissioner of Public Works

• Overtime= $16,664.59
• Salary= $19,923.36
• Total 2 Month Salary= $36,587.95

Karri Mollet, Assistant City Manager

• Overtime= $4,691.93
• Salary= $11,417.64
• Total 2 Month Salary= $16,109.57

Jeff Nogid, City Comptroller

• Overtime= $2,847.23
• Salary= $22,222.20
• Total 2 Month Salary= $25,069.43

Bobby Piazza, Commissioner of Recreation

• Overtime= $4,496.29
• Salary= $15,471.08
• Total 2 Month Salary= $19,967.37

Mike Robinson, Director of Community Development

• Overtime= $8,241.60
• Salary= 10,683.54
• Total 2 Month Salary= $18,925.14

City Manager Jack Schnriman's "Brookhaven Buddies", Lacarrubba and Assistant City Manager Karri Mollet, cashed in on thousands of dollars in taxpayer funded overtime, even though these positions never collected overtime in the past. In fact, none of the individuals who held the positions above in the prior administration ever collected any overtime payments; not for hurricanes, blizzards, floods, nor'easters, or any other emergency or non-emergency event. Some other exempt employees did  get overtime for the fall festival in the past, but they are not considered "exempt" under the federal law.

The Mandel Administration, including City Manager Jack Schnirman, publicly condemned and criticized the prior administration for allegedly abusing overtime in the city. But it appears this administration doesn't practice what it preaches when it comes to overtime, especially for certain individuals.

One of the reasons why "Exempt" employees can't earn overtime is because they are the highest paid and/or management level city officials in charge fo the city's operations. It is understood at the time of appointment that the nature of these positions is that they are not simple 9 to 5 jobs and that the individuals holding these positions must be available at all times of the day including during emergencies and that overtime and compensatory time are NOT part of the conditions employment. 

According to payroll records obtained through FOIL, between the pay checks issued on 11/21/12 and 12/21/12 (one month) Lacarrubba worked 240 hours of regular salaried work and an additional 267.5 hours of overtime. Combined that is a total of 507.5 hours worked. I don't even know how that is even possible!  That breaks down to 18.125 hours a day, 7 days a week! Keep in mind that Lacarrubba and Mollet  live nearly 50 miles away in Lake Ronkonkoma and Suffolk County an hour drive each way to/from Long Beach. Do they have a city taxpayer funded city car and do they use taxpayer funded city gas?

Is the plan to let FEMA reimburse the city for these expenses? The administration may simply say, "FEMA is reimbursing the city for all of these overtime costs, thus there is no cost to the taxpayer." First off, FEMA pays with our taxes, so the taxpayers pay no mater what; that's simply political spin. Secondly, can FEMA reimburse the city for overtime work by an "exempt employee" which appears to be a clear violation of Federal Law? I don't think so, and if FEMA doesn't pay, the city is stuck with the bill.

Bottom line is this. The Mandel Administration and Council President Scott Mandel spent the past year and a half criticizing past overtime costs of prior administrations. But in the past these exempt employees never took any overtime. HOwever, in the months following Superstorm Sandy, it appears that many employees like Piazza, Mollet, and Lacarrubba who are not eligible for any over time, earned thousands in overtime. Furthermore, the predecessors of the current employee, never earned any overtime because the city had a long-standing policy prohibiting it.

It appears that some high level, employees who are exempt from earning overtime may have used Superstorm Sandy to seriously pad their pockets. 

So while LB residents fight to make ends meet, get their homes and lives back to normal, and pay their taxes and insurance premiums the Mandel Administration is using resident'shard earned tax dollars to employees who may not have been eligible for the overtime in the first place.

Taxpayers should be filled with "Overtime Outrage."