Council denies former chief’s request
for vacation pay
By Kathy McCarty
Staff Writer
PRESQUE ISLE — City councilors denied a request by former Police Chief Naldo Gagnon for compensation for unused vacation time, despite acknowledging the city’s history of poorly-kept payroll records.
Staff photo/Kathy McCarty
NALDO GAGNON, former police chief for the city of Presque Isle, holds copies of his pay stubs as he explains to councilors and City Manager Jim Bennett how his vacation time was documented. Gagnon, who resigned as chief Nov. 15, 2010 to take a position with the Cumberland County’s Sheriff’s Office, went before City Council April 4 requesting he be paid for 72 hours of vacation time he felt the city still owed him. Pictured from left: Bennett and Gagnon.
During the April 4 meeting, City Manager Jim Bennett gave councilors an overview of how the city maintains the records for employees’ sick time and vacation days, with the maximum accumulation allowed being 320 hours.
“Historically, the policy said it had to be done annually. It was regularly ignored and time was accumulated monthly rather than annually,” said Bennett. “Background information shows at least five employees in the past couple of years did not receive a payout” for time they’d accumulated before their employment with the city came to an end.
According to Bennett, Gagnon had 72 hours beyond his resignation date for which he was requesting payment.
Gagnon spoke at the meeting, noting that sick time “was never put on my paycheck until I gave notice.”
“When I put in my notice, there was no accumulation of sick and personal time on my checks. If I’d put in my notice two weeks later, we wouldn’t be here,” said Gagnon. “Within good faith, I put in my notice thinking I’d be paid for my time. I feel I’m being cheated out of it.”
Gagnon told councilors he was a member of the police department, not a member of personnel whose responsibility was to keep track of his time.
Councilor Randy Smith asked Gagnon what information was available on his pay stubs.
“None of the totals/benefits were listed on previous checks?” asked Smith.
Gagnon indicated his first notice of his accrued hours was with his November 4 check — only days before his Nov. 15, 2010 resignation.
Bennett acknowledged that the city’s payroll system has undergone changes in recent years.
“The payroll benefits component was in steady flux since 2009. Absolutely no argument can be made that a certain sense of chaos in bookkeeping existed,” said Bennett.
Councilor Mel Hovey noted that Gagnon’s administrative assistant, Vicki Kinney, also had kept track of Gagnon’s hours. Gagnon indicated that he and Kinney had “both been making a mistake” and that they “were never notified on a regular basis” as to what the accurate figure should have been.
“We have another employee who effectively is on vacation and using his vacation time up through his date of resignation. We’ve put in place a policy that this needs to be corrected within a year. The problem going forward will be rectified,” said Bennett. “Whatever you (councilors) decided to do today will have no bearing on the future, since we will have taken care of this.”
“I can’t see it repeating itself,” Bennett said.
Councilor Bruce Sargent asked Bennett to confirm that employees had already lost time. Bennett said the report from Human Relations is “that they lost time.”
Councilor Emily Smith asked “If we set a precedent with five or 10 other individuals, what’s reasonable to hold people accountable for (keeping track of) their hours?”
“What will be the end effect for others?” she asked.
Gagnon said he was losing 480 hours of sick time.
“All I’m asking for is vacation time,” totaling 72 hours, said Gagnon.
Bennett said the discrepancy in time accrued only applied to those who retired since 2010.
“Park and Rec, fire and airport personnel,” said Bennett.
LaNiece Winslow, director of the city’s Human Relations Department, said until recently, the history of how employees found out what time they had on the books was always done by hand using a calendar.
“Once a year the payroll clerk at the time would give employees the time used and what they’d earned and they’d check it and give it back to the clerk,” Winslow told councilors.
A new system has since been established to show the time used/remaining on employees’ paychecks.
Councilor Don Gardner asked if the city did, in fact, owe Gagnon the money.
“The policy says the maximum we pay is 320 hours. The question before you is do you want to authorize an additional 72 hours of vacation time due to bookkeeping issues, etc.,” said Bennett.
Sargent referenced a letter from Gagnon, requesting payment.
“Because of his own error in calculation and the city having problems in tracking — with him getting ready to retire and being head of his department, he should have been responsible. I feel what is gone is gone,” said Sargent.
“With all due respect, I didn’t have the information before me when I sent my letter (of resignation). I was police chief, not in personnel. I didn’t have the information,” countered Gagnon.
“You didn’t have the information because you didn’t ask for it,” responded Sargent.
Gagnon said he’d “worked on good faith,” and hoped councilors would “treat me in good faith.”
“The city has had a history of miscalculations,” said the former chief.
Councilor Randy Smith asked Gagnon how he chose his retirement date. Gagnon explained that he needed to start work for his new employer the following week and that’s how his final day with the city of Presque Isle was determined.
“I could have been on vacation, had I had the correct information,” said Gagnon.
Sargent ended the discussion, making a motion, that was seconded by Councilor Mel Hovey, to “do nothing on this matter from here on.”
“It’s a closed deal,” said Sargent.
Before the final vote, Gardner apologized to Gagnon.
“It’s probably poor paperwork that created this problem and poor record keeping. I’m hoping, though this may not satisfy you (Gagnon), maybe in the long run someone else will benefit,” said Gagnon.
With that, the motion passed unanimously.
