Fired village court clerk files notice of possible suit

POTSDAM — The village's former senior court clerk has filed a notice of claim indicating she may sue Mayor Reinhold J. Tishcler, Village Administrator Michael D. Weil and Village Justice Joseph T. Welch for allegedly violating her free speech rights and defaming her character.

In a three-page notice of claim served on the village Monday, Shelley Warner-Levison alleges she was fired illegally from her job in retaliation for publicly raising concerns about asbestos and workplace safety at the Potsdam Civic Center.

Ms. Warner-Levison is represented by attorney David M. Lenney, Clifton Park.

Her notice of claim also said she may seek damages for loss of employment, wages and benefits and for damage to her reputation. She also is seeking reinstatement to her job.

Ms. Warner-Levison declined comment when contacted Monday.

She was fired from her job with the village Aug. 25, the same day she was quoted in a local newspaper raising concerns over workplace safety at the Civic Center.

In a memo to the village board, Mr. Tischler said Ms. Warner-Levison was fired for insubordination.

Since losing her job with the village, Ms. Warner-Levison has been hired by the St. Lawrence County Conflict Defender's Office as a legal secretary at an annual salary of $35,281. She previously was being paid $39,562 by the village.

Her status with the county government is provisional pending her successful completion of a civil service exam, in which she is required to place among the top three, according to county personnel officials.

Ms. Warner-Levison's notice of claim against the village alleges her firing was linked directly to her outspokenness regarding asbestos in the workplace following the death of senior clerk Sharon M. LaDuke, who died of mesothelioma May 29.

A representative of the Public Employee Health and Safety Bureau conducted air tests at the Civic Center on June 5 and found asbestos in the mastic adhering to ceiling tiles in the village courtroom following an anonymous tip from a village employee. Ms. Warner-Levison's claim says she was the person who notified state officials about alleged asbestos contamination at the Civic Center.

Village trustees refused to comment on the suit at their Monday night meeting. Mr. Tischler said the matter was being forwarded to the village attorney.

After holding an executive session, the village Board of Trustees voted unanimously to support a $10,000 salary hike for court clerk Sheila Guerin. Her salary will increase from $20,000 to $30,000.

Trustees said Ms. Guerin has taken on extra duties since Ms. Warner-Levison was fired.

The board tabled a resolution to appoint another full-time court clerk to replace Ms. Warner-Levison. Administrator Michael D. Weil said the village is still accepting applications for the position and wanted to wait for all resumes to come in before making a decision.

Times staff writer Alex Jacobs contributed to this report.