Another clash looms between Schoharie County supervisors and former personnel officer Cassie Ethington, who was ousted from her post two years ago.
A state appellate court ruled last week that the county must submit more detailed information for Ms. Ethington's appeal of being fired from her county job in 2014.
The court's ruling means supervisors must decide whether to continue fighting the case or settle with Ms. Ethington, according to county Attorney Mike West.
It was in September 2014 that a jury of eight supervisors found Ms. Ethington guilty of misconduct for withholding information from a labor attorney in closing the home-aide division of the county Health Department.
Supervisors terminated Ms. Ethington from her post as personnel officer, which she had held since 2006.
Ms. Ethington appealed the decision earlier this year, and a panel of five judges in the appellate court turned the case back to the county last week.
In contesting the appeal, the county failed "to make any findings of facts," the judges wrote. In other words, the judges sought point-by-point facts of how the supervisors' jury reached its 2014 decision, Mr. West said.
Instead, the county submitted "a one-page verdict sheet" that "did not state what facts or evidence respondent [the county] relied upon when making its determination," the judges wrote in their decision.
Therefore, the judges wouldn't rule on Ms. Ethington's appeal.
"It was like punting it back to the county," Mr. West said Monday.
The county could reassemble the 2014 eight-supervisor jury to produce the "findings of facts," he added, except several are no longer supervisors.
Also, it would require them to sift through 800 pages of testimony, and memories of what happened two years ago may be hazy.
"Getting them together two years later. . .I'm not saying it would be unmanageable, but it does present some hurdles," Mr. West said.
Supervisors could decide on a monetary settlement with Ms. Ethington, he said.
Contacted Monday, Board of Supervisors Chairman Earl VanWormer said he hadn't spoken with Mr. West or the attorney hired by the county to handle the case.
"I want to hear what Mike recommends and what our attorney says and talk to the rest of the supervisors," Mr. VanWormer said.
"Right now I have a lot of questions I don't have the answers to. I have more questions than answers."
As for the judges' decision, Mr. West believed the county's handling of the 2014 was more appropriate than what the appellate court is now requiring.
"We felt it was at a higher level," Mr. West said. "We thought we went overboard.
"We didn't feel it [the findings of fact] was necessary."