Potsdam judge fires court clerk

By LARRY ROBINSON
JOHNSON NEWSPAPERS
THURSDAY, AUGUST 27, 2009
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POTSDAM — The Village Court clerk has been fired from the job she has held for the past 16 years, one day after telling newspaper reporters she was concerned about public safety and security in the village courtroom.

Village Justice Joseph T. Welch fired Shelley A. Warner on Tuesday afternoon, the same day news stories were published in which Ms. Warner questioned the safety of using the Civic Center board room as a makeshift court space until asbestos can be removed from the main courtroom facility upstairs.

Ms. Warner confirmed Wednesday that she was abruptly fired Tuesday afternoon and that little explanation was given, with the exception of being told she was insubordinate.

"Yes, I was told I was fired," Ms. Warner said. "No, I don't understand why."

She declined further comment.

Mr. Welch refused to answer questions about Ms. Warner's dismissal, although he said she was not fired for talking to the press.

"I did not fire her for anything that was in the newspaper," Mr. Welch said. "Her tenure here is at issue. That is all I am going to say."

Mayor Reinhold J. Tischler did not return phone calls Wednesday, but village Trustee Steven W. Yurgartis said the mayor sent out an e-mail Wednesday morning informing trustees that the justice had made a decision to fire Ms. Warner.

Mr. Yurgartis refused to turn over a copy of the e-mail, arguing the correspondence is protected from public scrutiny as an interdepartmental memorandum.

However, he said the gist of the letter was to inform the board that Ms. Warner had been fired by Judge Welch and that the mayor supported the decision.

"I got an e-mail this morning saying that Judge Welch had terminated the senior court clerk and that he had spoken to the judge," Mr. Yurgartis said. "He said he supports the judge."

Trustees Ruth F. Garner, Abigail D. Lee and George F. Regan all said the Board of Trustees has no power to intervene because the justice is an elected post. They said Mr. Welch is within his rights to fire Ms. Warner if he chooses.

Mr. Welch, a Democrat, ran unopposed for justice in November and was sworn in to office for his first four-year term in December.

Ms. Warner was hired as Village Court clerk in February 1993 by then-village Judge Thomas B. Wheeler.

Her salary is listed as $39,562 annually.

Although trustees can do nothing to block the judge's decision to fire Ms. Warner, Mr. Regan expressed hope that Mr. Welch still might change his mind given Ms. Warner's reputation as one of the most capable court clerks in St. Lawrence County.

"I've always known Judge Welch to be a fair and competent individual," Mr. Regan said. "It is an ugly situation and I can only hope that this could still come to a more happy conclusion. Shelley is certainly known around the county for her abilities."

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