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Unduly Terminated

Judge Rules In Favor Of Former Celoron Code Enforcement Officer

By Robert Rizzuto, rrizzuto@post-journal.com
POSTED: November 10, 2009

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Celoron Board Minuted Aug. 24 2009

MAYVILLE - Celoron Mayor John Keeney was wrong when he fired Rick Slagle, former village Code Enforcement Officer, in August.

That was the ruling in State Supreme Court on Monday when Judge James Dillon, in less than an hour, ruled that Slagle was unduly terminated during his two-year appointed term.

"Frankly," the judge said, "I believe that when he was appointed, it was for a two-year term."

Mayor Keeney appointed Terrilyn LaRose to the position on Aug. 10, following an executive session at the village board meeting. Slagle said he wasn't notified he was being replaced prior to that day.

"Justice has been done and now there's the question of damages to my client," said James P. Subjack, who is representing Slagle. "Mr. Slagle is not looking for reinstatement, he just wants the pay he would have received for the rest of his term and (court) costs."

''This wasn't so much about the money for him either - it's about the principal," Subjack continued.

Subjack and Andrew Goodell, village attorney, are working to agree on a date for pretrial on the issue of damages.

The village had asserted that Slagle, who was appointed to the position in April 2008 by then-Mayor Tom Bartolo, was appointed only to fill the remainder of a term vacated by a code enforcement officer who had fallen ill.

The previous code enforcement officer was appointed in 2007, and his term would have expired in 2009. Keeney's stance was that since Slagle was appointed in 2008, he was only there to finish the previous term and not start a brand new term.

Goodell argued that point in court Monday but the judge said that if that was clearly true, there wouldn't have been any reason to officially change the minutes from the meeting when he was first appointed.

In August 2009, the Celoron Village Board passed a resolution to amend the minutes of the April 10, 2008, meeting where Slagle was appointed to "remove any reference to the term of office" in order to "eliminate any misunderstanding or confusion," according to the village's official minutes.

The resolution passed although Keeney and Norman Mattison, who weren't officials with the village in 2008, abstained from voting.

According to Subjack, Slagle would have earned $3,888.77 from the village had he been allowed to finish his term. He said that the total amount of money sought from the village would only be slightly higher due to recouping court costs, which Slagle is entitled to by law.

Member Comments
View Comments: | 1-20 | Post a comment
hammonddannyay
11-12-09 6:38 AM
I also heard Subjack is going to Burger King with his Cash !!!!

Clarase
11-10-09 7:38 PM
lucy, lucy, lucy, isnt something that we always use somebody for our personal gain after they are dead........nobody gave a rats a... when she was alive.....just shameful, shameful. I know what lets rename Celoron, Lucyvillian!

hammonddannyay
11-10-09 7:21 PM
I heard Rick was donating the money to the Boys & Girls Club in Jimmytown !! Way to go Rick !!!

cjranana
11-10-09 4:33 PM
Proud of you "Little" Brother!!!!!!!!!

CUF123
11-10-09 3:29 PM
She is! I just saw her and Elvis at the donut shop! *wink*

writerone
11-10-09 1:20 PM
I wonder what Lucy would say if she was still alive.......Just kidding!!!

NocNoc
11-10-09 11:35 AM
I'd love to see celoron dissolved whoever took over could not hurt them anymore than they hurt themselves. From the mayor to the trustees to the clerk and all the way down. Keep patting each other on the back and tell the village what a great job you are doing at the taxpayers expense.

bodyhammer
11-10-09 11:17 AM
HOLY COW RADCON!!!! ASBORED BY JAMESTOWN THEY CAN'T CLEAN UP THEIR OWN MESS HOW IN THE H*** CAN THEY CLEAN UP SOMEBODY ELSES..GIVE IT TO LAKEWOOD IT SEEMS THAT ANY NEW BUSINESS THAT COME HERE ENDS UP IN LAKEWOOD THAT MUST TELL US SOMETHING THEY MUST KNOW WHAT THERE DOING....

carlaw
11-10-09 10:56 AM
Why should Celeron be dissolved because Slagle wants to save face and make a point? He didn't have to sue. How many of us have felt like suing a municipality for one reason or another but got over it and just moved on? Probably everyone. Slagle got his perks for years, now it's time to be a man and move on.

Clarase
11-10-09 9:45 AM
all keeney had to do was to approach rick and say......look we dont get along and i think it would be for the best of everyone just to resign...............instead he used his so called dictatorship ego and blew it ...now we all have to pay for it! thanks coach!!!!!!!!!!

IamAno1MOM
11-10-09 9:22 AM
MOVING ON............

ru4real
11-10-09 8:33 AM
I agree with bjc and radcon that Celoron should be absorbed into Jamestown or Ellicott then maybe this trailer trash wwf negative controversy monger slagle won't make front page.It's hard to believe out of thousands of people in this county this individual gets more front page B.S. THEN NATIONAL NEWS OR ANYONE ELSE. WHAT GIVES.this CERTAINLY ISN'T FRONT PAGE NEWS OR JOURNALISM.

bjc9400
11-10-09 8:22 AM
who really cares ? its celeron for the love of god! Radcon's right just let it get absorbed by jamestown or lakewood... its a dumpy little village !

RADCON
11-10-09 8:01 AM
the idiot mayor should pay this bill out of his own pocket. he needs to be fired and celeron absorbed by jamestown and end the genetically defiecient non-leadership there.

CSMITH22
11-10-09 7:48 AM
If everyone would sit back and take a breathe and think for a minute, when ever there is a problem, controversy, law suit or any other topic that makes celorn look bad there is always the same name in the middle of it all "SLAGLE". Once and for all you get rid of slagle it seems the problems are solved, and will live happily ever after.

southern
11-10-09 7:20 AM
Sounds like Slagle really doesn't care about the people if he wants to cost them more money instead of just going away. He just wants to show that he will still bother them and won't go away.

okeydokey
11-10-09 6:18 AM
Well what do you know Jacky Boy?? I guess you were finally wrong, or should we say this is the first of many that will find you have BEEN WRONG! and lil red rover Schreck, "deputy Dog" will get his day in court quicker than you may think! Wake up Celoron you all wanted Rick Slagle out? maybe it's time to give him a little praise and thanks for the outstanding job he preformed as Mayor, Code enforcement officer, and all the time he has worked for not just the Village BUT, the Town! Way to go Rick! justice was served, and it didn't take Judge Judy!! God Bless You!!

utherjorge
11-10-09 5:27 AM
No, carlaw, you need to read this again. Slagle was fired illegally, which was the village's fault.

Please pay better attention.

carlaw
11-10-09 5:24 AM
No, I believe Mr. Slagle did that.

NocNoc
11-10-09 12:34 AM
Way to go Celoron management you morons just cost the taxpayers more money with your stupid little power struggle.

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