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RESOLUTION TO RAISE NON-UNION VILLAGE EMPLOYEE WAGES

Activeformal_resolutionongoingApprove wage increases for non-union Village employees effective June 1, 2026, including 3% increases for most employees and a 4% increase for the Water Meter Reader.
First seen
2026-06-22
Latest event
2026-06-22
adopted
Expires

Resolution text

RESOLVED

  1. the following employees will receive the following increases effective 6/1/26: Clerk to the Justice: Rebecca Kent – a 3% increase: from $23.30/hr to $24.00/hr; Court Clerk: Madison Hart – from $15.50/hr to $17.00/hr; Village Treasurer: Marybeth De Filippis – a 3% increase: from $30.90/hr to $31.83/hr; Account/Payroll Clerk: Carrie De Paola – a 3% increase: from $27.50/hr to $28.33/hr; Police & Building Clerk/Typist: Lara Hart – a 3% increase: from $29.05/hr to $29.92/hr; Village Clerk: Jennifer Cavanaugh – a 3% increase from $28.84/hr to $29.70/hr; Deputy Clerk – Special Projects: Doris Balacic-Scheuing – a 3% increase: from $19.68/hr to $20.27/hr; Deputy Clerk: Diana Devens – a 3% increase: from $18.04/hr to $18.58/hr; Part-Time Laborers: Sean Morrisey - a 3% increase from $18.54/hr to $19.10/hr; Robert Smith – a 3% increase from $20.60/hr to $21.22/hr; Water Meter Reader: Robert Benz – a 4% increase from $25.00/hr to $26.00/hr
Show preamble — 2 WHEREAS clauses
  • WHEREAS, certain Village employees are not under a Union contract
  • WHEREAS, said Village employees have earned a raise in pay through dedication to their work and length of service

Legal analysisissues for consideration

Computer-generated analysis using NY State statutes and OSC guidance. Not legal advice. Frames concerns as questions, not pronouncements. Trustees and counsel make the call.

The most significant issues to consider are: (1) whether the adopted 2026 budget contains sufficient appropriations to cover the increased payroll costs, and if not, whether a formal budget amendment is needed before expenditures are made; (2) whether the compensation of officer-employees (Village Treasurer, Village Clerk) is subject to any additional procedural requirements under Village Law §3-300 et seq.; and (3) whether the Court Clerk's materially larger wage increase (~9.7%) and the retroactive June 1 effective date are adequately documented in the meeting record. The remaining issues are low-severity best-practice and record-keeping observations.
mediumStatute
Consider whether the wage increases are consistent with the adopted budget appropriations and whether any mid-year budget amendment is required under Village Law §5-508 or General Municipal Law §6-c.
The resolution sets wages effective June 1, 2026, but does not reference a corresponding budget line or appropriation. If the adopted 2026 budget did not include sufficient appropriations for these increased wage rates, a budget amendment may be required before expenditures can lawfully be made. Trustees and counsel should confirm that existing appropriations cover the increased payroll costs, or that a formal budget modification has been or will be adopted. Consider also whether the increases, if unbudgeted, implicate GML §51 (unauthorized expenditure exposure).
GML §51 · source ↗
VIL §5-508 · source ↗
mediumStatute
Consider whether the Village Treasurer's wage increase requires any additional procedural step given that the Treasurer is a Village officer whose compensation may be subject to specific statutory constraints under Village Law §3-300 or the Village's local law.
Village Law §3-300 et seq. governs the compensation of village officers, and some officer salaries may be fixed by local law or require specific procedural steps distinct from those applicable to non-officer employees. The Village Treasurer (Marybeth De Filippis) and Village Clerk (Jennifer Cavanaugh) are likely Village officers. Counsel should confirm whether their compensation is governed by a local law or prior resolution that must itself be amended, or whether a board resolution of this type is sufficient to modify their pay mid-year.
VIL §3-300 · source ↗
lowStatute
Consider whether the Village Clerk's and Village Treasurer's official undertakings (bonds) should be reviewed or updated to reflect their increased compensation, as required under Village Law §3-306.
Village Law §3-306 requires the board of trustees to post official undertakings for the Treasurer, Clerk, and other officers and employees as directed. Where compensation increases materially, the adequacy of the existing bond amount may warrant review. This is a best-practice consideration rather than a clear statutory violation, but counsel should confirm that existing surety coverage remains adequate at the new wage levels.
VIL §3-306 · source ↗
The board of trustees on behalf of the village or the board in control of a village owned utility plant shall post an official undertaking in such sum and form, and with such sureties as the board of trustees or the board in control of the village owned utility plant shall direct and approve for the treasurer, clerk, village justice, acting village justice, and such other officers and employees as may be required by the board of trustees...
lowStatute
Consider whether the Court Clerk's (Madison Hart) wage increase — which is not described as a 3% increase and appears to represent a larger percentage increase — warrants a stated rationale distinct from the other employees.
The resolution states that most employees receive a 3% increase, and the Water Meter Reader receives a 4% increase with that differential explicitly noted. However, the Court Clerk (Madison Hart) is listed as moving from $15.50/hr to $17.00/hr, which is approximately a 9.7% increase, yet the resolution does not label it as a percentage or explain the differential. While the board has broad discretion over non-union employee compensation, the absence of any stated basis for a materially larger increase for one employee — in a resolution that otherwise emphasizes uniform 3% raises — may invite questions about the adequacy of the record. Trustees may wish to ensure the minutes reflect the rationale.
lowStatute
Consider whether the property-tax-levy limit under Real Property Tax Law §3-c applies and whether the cumulative payroll increase is consistent with the levy cap calculation already adopted for fiscal year 2026.
New York's tax levy limit (RPTL §3-c) constrains the growth of the property tax levy. While individual wage resolutions do not directly implicate the cap, mid-year expenditure increases that were not anticipated in the budget may affect the village's ability to stay within the levy limit in future years. The Chief Fiscal Officer should confirm that the annualized cost of these increases was incorporated into the 2026 budget and levy cap calculation, or flag the variance for the next budget cycle.
RPTL §3-c · source ↗
lowOSC Guidance
OSC's internal controls guidance on payroll recommends segregation of duties and supervisory authorization for payroll changes; consider whether the Village's payroll internal controls are structured to implement this resolution accurately.
OSC's 'Practice of Internal Controls' guide (Section 6 — Payroll) recommends that payroll rate changes be authorized in writing, entered by someone other than the person who approves payroll, and verified against source documents such as board resolutions. The Village should ensure that the payroll system is updated to reflect the new rates effective June 1, 2026, and that a supervisory review confirms the rates match this resolution before the next payroll run. This is a best-practice observation, not a finding of non-compliance.
OSC LGMG: The Practice of Internal Controls (LGMG) · source ↗
Segregation of incompatible duties is a commonly used and widely accepted internal control practice. Implemented effectively, this control reduces the risk that any employees will be able to carry out and conceal errors or fraud in the normal course of their duties without being detected.
lowProcedure
The WHEREAS clauses offer only a general rationale ('dedication to their work and length of service') without individualized justification; consider whether the record adequately supports the differential treatment of the Court Clerk and Water Meter Reader.
The resolution's recitals are brief and uniform, yet the action itself differentiates among employees (3%, ~9.7%, and 4% increases). While the board is not legally required to provide detailed findings for each employee's wage adjustment, a more complete record — particularly explaining the Court Clerk's larger increase and the Water Meter Reader's 4% rate — would better support the resolution against any future challenge and reflect sound governance practice. Trustees may wish to ensure the meeting minutes capture any discussion that occurred.
lowProcedure
The resolution's effective date (June 1, 2026) predates the adoption date (June 22, 2026); consider whether retroactive wage adjustments require any additional procedural step or back-pay authorization.
The resolution was adopted on June 22, 2026, but sets wages effective June 1, 2026 — a retroactive period of approximately three weeks. While boards generally have authority to set retroactive compensation for employees, the minutes should reflect that the board affirmatively authorized any back-pay owed for the June 1–22 period, and the Chief Fiscal Officer should confirm that a voucher or payroll adjustment for that period is properly authorized and documented.
Analysis provenance
Prompt
legal_analysis_v1
Model
anthropic/claude-sonnet-4-6
Generated
2026-07-31T22:24:36+00:00
Prompt hash
6e175ac88f56015f
Corpus hash
2d5d28d8b0c56812 (950 entries)

Document references

Cites or incorporates

Lifecycle (1 event)

2026-06-22adoptedvote: unanimous
Raise non-union Village employee wages effective June 1, 2026.
moved by Allen · seconded by Kjarval
Show text snapshot for this event
Resolved
  1. the following employees will receive the following increases effective 6/1/26: Clerk to the Justice: Rebecca Kent – a 3% increase: from $23.30/hr to $24.00/hr; Court Clerk: Madison Hart – from $15.50/hr to $17.00/hr; Village Treasurer: Marybeth De Filippis – a 3% increase: from $30.90/hr to $31.83/hr; Account/Payroll Clerk: Carrie De Paola – a 3% increase: from $27.50/hr to $28.33/hr; Police & Building Clerk/Typist: Lara Hart – a 3% increase: from $29.05/hr to $29.92/hr; Village Clerk: Jennifer Cavanaugh – a 3% increase from $28.84/hr to $29.70/hr; Deputy Clerk – Special Projects: Doris Balacic-Scheuing – a 3% increase: from $19.68/hr to $20.27/hr; Deputy Clerk: Diana Devens – a 3% increase: from $18.04/hr to $18.58/hr; Part-Time Laborers: Sean Morrisey - a 3% increase from $18.54/hr to $19.10/hr; Robert Smith – a 3% increase from $20.60/hr to $21.22/hr; Water Meter Reader: Robert Benz – a 4% increase from $25.00/hr to $26.00/hr
Whereas
  • WHEREAS, certain Village employees are not under a Union contract
  • WHEREAS, said Village employees have earned a raise in pay through dedication to their work and length of service
Subject key: non_union_employee_wages