Chick wins judgment against county

By Christopher Caskey / The Citizen

Tuesday, July 15, 2008 11:45 AM EDT

Cayuga County's bill to John Chick is more than a grand smaller than it was a few weeks ago.
The former county employee was recently awarded a $1,115.61 judgment against the county for personal items he said the county threw out without his permission.

That money will likely be subtracted from the $108,000 in restitution that Chick owes to the county. Chick is currently serving time in prison for violating federal environmental regulations.

According to a decision released June 12 by Auburn City Court Judge Thomas Shamon, sufficient evidence showed that tools and other personal items belonging to Chick were taken and not returned to his offices while county buildings underwent asbestos abatement.

Chick filed a small claim in April 2007 seeking $4,000 in reimbursement for the tools. However, the county also filed a counter claim for $713.94, stating that Chick ordered other tools and charged the purchase to the county without permission.

In his decision, Shamon cites an appraisal submitted by the county that lists fair market value of the tools in question. After reviewing the appraisal and awarding the counter claim, Shamon determined that the county still owes Chick the judgment amount, according to the decision.

“While (Cayuga County) attempted to demonstrate that (Chick) did not suffer a loss of his personal items, the evidence ... supported (Chick's) claims,” Shamon stated in the decision.

Cayuga County Attorney Fred Westphal said Monday that the county is in the process of having the judgment sum subtracted from Chick's restitution, and an application to do so has been filed with the county treasurer's office.

Westphal did not comment further on the judgment.

Chick pleaded guilty in January 2007 to one count of conspiracy to violate the federal Clean Air Act.

He admitted at the time that he had illegally removed asbestos when working on a boiler in the county Board of Elections building.

He was sentenced to 15 months in federal prison and has to pay the aforementioned restitution to the county. Chick is currently serving his sentence at the United States Penitentiary in Canann, Pa.

According to Chick's claim against the county, his tools were removed during a contamination remediation project in the Board of Elections and Old Post Office buildings following the release of the asbestos.

Chick claimed that he notified county employees about his missing items, one of which - a yellow multi-meter - was returned, the decision stated. A handful of items he had not reported missing were later returned to him, including a ladder, refrigerator and an answering machine, according to the court document.

Also mentioned in the decision were two resolutions drafted and submitted in December 2006 to the county Legislature. The first resolution, according to the statement, was to reimburse Chick for $2,684.81 for his personal items. The second was for permission to pay the $713.94 for the tools Chick had ordered, according to the document.

Both resolutions failed in committee, and neither reached the floor of the Legislature. However, the $713.94 was paid without a resolution, Shamon stated in the decision.

Staff writer Christopher Caskey can be reached at 253-5311 ext. 282 or christopher.caskey@lee.net.

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