Village won't seek waiver for new chief's pension pay

ALEXANDRIA BAY — The village has decided not to apply for a state pension waiver that would allow its next police chief to receive retirement benefits from previous jobs. The decision could nudge two of the three finalists out of the race and allow other applicants, including interim Police Chief Brian K. Mullaney, to be considered for the job.

The village must pick its next police chief from among the top three applicants who took a civil service exam for the position. Seven applicants took the test in March.

"I've already interviewed three and may interview more if candidates withdraw," village Mayor Terry J. Robb said. "We're not going to apply for the pension waiver. That decision was made by the board."

The three qualifying candidates for the chief position are Michael J. Hennegan, Benjamin K. Timerman and James M. Marshall.

Stephen R. Miller, county human resources director, said if the village is not willing to apply for the pension waiver, candidates who receive retirement benefits are likely to withdraw, allowing the village to pick candidates who are lower on the list.

The waiver would have allowed two candidates — Mr. Hennegan, former Watertown police chief, and Mr. Marshall, a former Watertown detective — to collect their Watertown pension while receiving salary as police chief.

"I have no idea what the village is trying to do," Mr. Marshall said, adding that he has served the village as a part-time police officer for the past 19 years and that he still would like to get the job regardless of his pension arrangements.

Mr. Hennegan said he also doesn't plan to withdraw at the moment and he would have to weigh his options after he is offered the job.

The village's provisional police chief, Mr. Mullaney, scored second to last in the civil service test. However, if Mr. Hennegan and Mr. Marshall choose to drop out, Chief Mullaney would be considered as a candidate. Andrew J. Naklick is fourth on the list and Mr. Mullaney and Dale P. Mason tied for fifth.

Mr. Miller said the village can have four candidates if two applicants receive the same score.

"What they're doing is legal," Mr. Miller said.

Mr. Robb said the village board decided not to apply for the pension waiver not because it wished to keep its provisional chief, but because the request would be denied anyway.

"It's the state that'll deny the waiver because there are eligible candidates that aren't retired," he said.

According to the Civil Service Commission's guidelines for 211 pension waivers, to obtain a pension waiver, "the prospective employer must show that qualified, non-retired persons are not available for recruitment."

Mr. Robb said the village's decision also will prevent its next police chief from "double-dipping" — collecting retirement benefits while drawing salary as a police chief.

The village police chief's starting salary would be $45,700. The village has to appoint its next chief by July 27.