Legislature approves tattoo settlement with sheriff's department employees

by Shane M. Liebler / The Citizen

Wednesday, February 28, 2007 9:24 AM EST

AUBURN - Cayuga County legislators agreed Tuesday to settle a lawsuit filed by deputies over the former sheriff's restrictive tattoo policy.
Though the vote was unanimous, some lawmakers had reservations about the deal that essentially eliminates a suit filed by six deputies in exchange for attorney fees of $3,000 or less. The money will come from county insurance coverage.

“I don't like the idea of paying for their lawyer,” Judicial and Public Safety Committee Chairman Ray Lockwood, R-Aurelius, said afterward. “They got what they wanted; they can pay for their attorney.”

The settlement ends restrictions for current employees and requires the county to negotiate a future policy with the deputies' union. Tuesday's resolution authorizes Legislature Chairman George Fearon to sign off on the settlement after it's reviewed by the county attorney.

Last August, a memo issued under former Cayuga County Sheriff Rob Outhouse required all visible tattoos to be covered. Department-issue short-sleeve uniforms exposed the forearm tattoos of many deputies.

A lawsuit alleged the rule violated First Amendment rights and suggested the move was made in retaliation to deputies who supported Outhouse's political opponent and current sheriff Dave Gould.

In other news:

* The Legislature unanimously approved consolidation of some sheriff and nursing home positions into the Building and Grounds Department. However, a second vote to increase salaries of the nursing home building maintenance supervisor and buildings and grounds superintendent met some opposition before passing.

The resolution and supporting legislators stated the raises were necessary because of expanded coverage and duties.

“It's not fair to hand out raises before we know what the job's going to entail,” said Legislator Peter Tortorici, R-Auburn, after David Pappert, R-Auburn, asked two salary provisions be separated from the consolidation resolution. “We hand out money like candy here.”

Tortorici and Pappert joined Michele Sedor, D-Sennett, and Bernard Smith, R-Throop, in voting no. The measure passed, 10-4. Legislator Steven Netti, R-Auburn, was absent.

* Legislators unanimously passed a resolution supporting reconstruction of the Union Springs Nice N Easy convenience store that was destroyed by fire this month.

“The community would really like to see that facility come back,” said resolution sponsor Fearon, R-Springport.

Company officials have not decided whether they will rebuild the store on Route 90.

Staff writer Shane Liebler can be reached at 253-5311 ext. 248 or shane.liebler@lee.net

The Citizens' Say

There are 5 comment(s)

Answer to Pay Your Own Way wrote on Mar 2, 2007 10:10 AM:

" Gould wants the taxpayers to pay their legal fees... then Outhouse gets blamed for bringing the whole thing up... making him buddies with the deputies. Wait til he HAS to do something they don't like. Watch how quickly the tables will turn on Gould. "

Pay Your Own Way wrote on Feb 28, 2007 8:23 PM:

" why do the tax payers have to pay for the legal fees. why can't their union pay for it? "

Ridiculous Issue wrote on Feb 28, 2007 5:17 PM:

" So what is the State Police's Policy on Tattoos? ...and I really think if Sheriff Outhouse wanted to dole out retribution for those who supported Sheriff Gould, he would have come up with something a lot better than making them wear long sleeves. "

Equally Disgusted wrote on Feb 28, 2007 11:23 AM:

" Let the settlement to the plaintiffs include a "jailhouse tattoo" that says "I wasted the City of Auburn's money by not being mature enough to accept that my self-vandalism and issues about my outward appearance have consequences and I will think and get counseling before defacing myself in such a way again!" RIGHT ACROSS THEIR FOREHEADS! "

Disgusted with Cayuga County wrote on Feb 28, 2007 10:52 AM:

" All this ridiculous worrying about there body art... two times since January '07, I've called for emergency assistance and waited hours and had to call back to ensure someone was on their way. I never ONCE heard that said when Outhouse was in charge. But that's right, HE was running a department of CIVIL SERVANTS, and serving a community with their safety in mind. "

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