Katy Strack is suing Schoharie County for money she believes she’s owed for not being a county employee.
The former county public health director and her attorney filed the suit in Schoharie County Court last week, seeking $64,451 in salary, health insurance costs, attorneys’ fees, court costs and damages.
The suit stems from county Treasurer Bill Cherry’s refusal to pay Ms. Strack after she signed an agreement with the Board of Supervisors to resign last November in exchange for being paid through October 2011.
According to the agreement, the pact “would resolve certain differences” between the county and Ms. Strack, especially supervisors’ decision to sell the Health Department’s Home Health Aide program.
The suit maintains that the agreement “is a legally enforceable contract. . .that defendant County of Schoharie and defendant William Cherry. . .”
Supervisors instructed Mr. Cherry to pay Ms. Strack per the agreement. Mr. Cherry refused, arguing that the payment amounted to “an illegal gift of public funds.”
Contacted Friday, Mr. Cherry still feels that way.
He added that he was surprised by the suit. Meeting Ms. Strack at a state conference a couple of weeks ago, Mr. Cherry said, “We had a very pleasant conversation.
“She was thrilled with her new job [in Franklin County]. To tell the truth, she seemed happy to be getting a fresh start.”
He was surprised by the suit, Mr. Cherry said, because the dispute between supervisors and Ms. Strack will become public in court.
“It’s certainly going to follow her to Franklin County,” Mr. Cherry said.
The suit specifically cites him under Civil Rights law for treating Ms. Strack differently than other county employees who had similar agreements.
“Mr. Cherry’s intentionally different treatment of Plaintiff [Ms. Strack] from others similarly situated without a rational basis for the difference in treatment constitutes a deprivation of Ms. Strack’s rights. . .” the suit reads.
But Mr. Cherry countered that in his 15-plus years as treasurer, there have been no similar agreements.
“There’s never been a payout like this,” Mr. Cherry said. “When someone leaves, they don’t continue to get their salary.”
He pointed to former Public Health Director Carl Stefanik and former Real Property Tax Director Nancy Getman, both of whom retired in mid-term.
Neither received additional payments, Mr. Cherry said.
Mr. Cherry has hired Mike Breen as his attorney.
County Attorney Mike West wouldn’t comment on the suit before studying it further.