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.

The Citizens' Say

There are 6 comment(s)

bubba1951 wrote on Jul 16, 2008 7:57 AM:

" I am glad that this man was able to get some restitution in this case. But this will not return to him the time he is losing. He should never have incarcerated. His health has declined and his family has gone thru many hardships. He should be released from jail and pardoned. You do not put a poor old grandfather in jail for doing what a judge told him to do. "

RAP wrote on Jul 15, 2008 11:39 PM:

" Who is minding the store? Why are four "feral cat" comments attached to an article on John Chick's tools? "

thinksensibly wrote on Jul 15, 2008 4:07 PM:

" Farmer's Gal.. GOOD FOR YOU! You're doing a good thing. So many people (understandably), get frustrated at the cost... especially when it really should not be THEIR cost to bear... but I can't stand to see ANY animal (or human for that matter) be in need if there is anything I can do.

But, I too, get frustrated at having to "clean up" after other people who are just plain irresponsible. Every one of my animals I own (dogs and cats) is a product of that.

I am all for fining people and lobbying for stronger laws to protect animals against the abuse and neglect that results in overpopulation.

I would like to think the more we voice the unpopularity of irresponsible pet ownership, that HOPEFULLY it will start turning the tides. "

Farmer's Gal wrote on Jul 15, 2008 2:45 PM:

" I did finally get hold of someone at the SPCA -- a very nice lady who was obviously juggling a million things at once. Between when I first called and now, they switched from once a month clinics to twice a month clinics because the problem is so pervasive (I'm sure you'll agree!) and I got lost in the cracks.

We'll start over and try to get a few cats at a time each clinic, so as not to have to try to catch so many at once, and also spreading out the expense so it doesn't hit all at once.

Thanks for checking. "

nature lover wrote on Jul 15, 2008 12:15 PM:

" I have other more pertinant crusades than to "educate" ignorant people about cats and their care. Sorry but that is the way it is. I have done my part in calling our elected officials today expressing my thoughts and concerns for the upcoming city hall discussion there will be on 080708 in which I will not be able to attend. Seeing as how u want to help SO much, maybe you should take more time from your schedule and volunteer for the feral cat assn or "educate" said politicians at given mtg about your thoughts and possibly cm's current state of catdom in her southern state. Keep in mind most people in this community dont have alot of disposable income especially for fixing cats much less take care of their properties. Have u looked at Auburn lately? Its in your hands, not mine nor other people that can not or will not come within feet of yes, I will use the term, DANGEROUS cats. To some of us they are. I wish u luck in your cat clean up.

Sorry FG, I had that # but lost it. When I did call there was an answering machine and no one retn'd my call. Try calling cornell vet hospital or a couple county spcas to c if perhaps they have the #.... "

Farmer's Gal wrote on Jul 15, 2008 12:04 PM:

" You are right, thinksensibly -- there are a lot of farmers who don't care for the cats. There is an attitude towards them that they can fend for themselves, and survive or not as luck will have it. They become terribly inbred and produce sickly and deformed off-spring. Many kittens die very young, either from the inbreeding or from untended illnesses, including those they get from living in the dust, chaff, lime and manure on the barn floors. They come into the barns for the shelter and the food, but they might be better off living in the wild and not exposed to all that bad stuff on the barn floors. They are not spayed or neutered, they are not given shots, illnesses and injuries are not attended to, deformities due to inbreeding are rampant. There is much suffering and pain. It is a horrible thing to see.

That's just not responsible or humane -- animals should be cared for if they are domesticated, or left in the wild if they are not. In cities, it's different, because there is not proper "wild" in which the animals could live on their own without bothering anyone else.

My bottom line is this: animals living in the wild should be left to live in the wild as best they may, as nature intended. But animals which rely on humans should be cared for humanely. "

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