Decision entered – Leniency, 60 more days to complete statutory duties.

5800759062013100SCIV Nesbitt Decision 08272013 in Bailey Et al v Lyons

 

Onelyons is disappointed with the decision of Honorable Judge Nesbitt and will be considering an appeal due to the precedent setting factors in this case that will be allowed to stand unless appealed.   The court deferred greatly to the Village in this matter, giving the Village an astounding 116 day extension to complete their statutory duties.   The court acknowledges “huge chunks of time were lost due to inaction.”  The Village acknowledged waiting 70 days to commence a dissolution committee, and acknowledged 175 days of delays in meeting with NYS to have questions answered.  The court relies on these lack of answers in granting leniency.  The court further states “Judicial leniency should not be the norm and justified only on a case by case basis supported by good cause.“    OneLyons is grateful to the court for compelling the Village to finish their statutory duties after granting extensive leniency, but is disheartened at the precedent set in this case.  We question the good cause the court relies on in this decision.   If this ruling stands, given the open intentional defiance of the Village illustrated since NYCOM’s 9/25 statements regarding Judicial Leniency and the arbitrariness of the law, then we question what checks and balances are left to the people to restrain their government and keep them accountable to the people. 

Costs of dissolution – Payouts, debt district, financials

As this process continues forward, remember the 2011 CGR Consolidation and Savings study that the Village of Lyons ignored.  That $55,000 study was presented to our Village officials and ignored, but now many parts of that report will be included in the “Alternatives to Dissolution” for residents to consider if the Village succeeds in forcing a revote.     Lyons – Final Report – Updated 12-23-11

We ask residents – If the Village ignored all these savings recommendations previously, why should we trust them now to implement them if dissolution fails in a revote?  What would be their impetus?  They would have 4 more years to continue as they have been….

The Village of Lyons reports that they have entered into Memorandum of Agreements with the Unions under current contract with the Village of Lyons.  The payouts planned currently will be about $644,000 to the Unions, and $152,000 to renovate a court room the Village would like to see the Town use.   Reference the Village filing for the Court and the Lyons Dissolution Website.  It looks like these payouts are to “make good” on promised sick time, vacation time, FICA payments etc.  The Village reports they will actually ‘cut a check’ for cash payment of sick time, vacation time etc.  Village residents will have to pay for the unemployment insurance for those layed off by dissolution, that will extend approximately 18 months?

What is a Memorandum of agreement?  : http://definitions.uslegal.com/m/memorandum-of-agreement/   &     http://encyclopedia.thefreedictionary.com/memorandum+of+agreement.

As of August 15, 2013 the Village reports approximately $1.3 Million in the bank, and any left over funds will be used to pay down debt upon dissolution.

 

We expect a decision on the Article 78 hearing Monday August 26, and will post it as soon as possible once received.  OneLyons took the Village of Lyons to court to hold them accountable for their actions and show that even municipalities are bound by the law.  An interesting argument the Village of Lyons used to the court should raise eyebrows in the community:  They argued to the Supreme Court that since they are a municipality, they should be afforded courtesy in violations of law and compliance.   OneLyons asks you in the community….  when it comes to Code Violations, Traffic Violations, Taxes, Water & Sewer Bills —>  Does the Village of Lyons afford you the same courtesy they now ask of the court?  Or are they asserting they are a “political class” not held to the same standards as JOE Citizen?

Please stay educated and involved in this process, pay attention to the arguments and facts presented, and consider attending Village and Town meetings.  This process has been fought on behalf of all village residents, and your voice in the papers and meetings is appreciated.