The Board of Selectmen voted 2 – 1 Wednesday night to settle litigation brought against the town by Andrew Ferrillo, a part-time worker who said the town was using him for full-time work.
Background
Ferrillo was hired by the town in 1996 as a part-time, 20-hours-a-week, Wetlands Conservation Officer.
However, in his lawsuit he said he had been working at least 36 hours a week since 2003 and was therefore entitled to benefits such as paid vacations, paid holidays, paid sick days and group medical insurance.
Ferrillo had been trying to get the benefits of a full-time employee since 2008, according to his lawsuit. He complained to both First Selectman Mary Ann Drayton-Rogers and Town Attorney Francis Teodosio.
In 2009, Drayton-Rogers requested his hours be cut to 20 hours a week or less, according to the lawsuit.
Ferrillo claimed the move was a violation of Town Personnel Policy.
The Settlement
Under the terms of the settlement approved by the Selectmen, the town will give Ferrillo 128.5 days of sick time, holidays, personal days and vacation — minus any days he’s taken off since Jan. 1, 2009.
If after three years Ferrillo hasn’t retired — and hasn’t used the days — he is entitled to receive them in a lump sum payment.
The town also agreed to pay him $6,000 — which is a retroactive payment for a $200-a-month insurance stipend going back to Jan. 1, 2009. Going forward Ferrillo has the option of enrolling in the town insurance plan or taking the $200-a-month stipend for insurance.
The town will also pay Ferrillo $3,500 in back wages.
Ferrillo will meet with Drayton-Rogers and members of the Inland Wetlands Commission in order to hammer out Ferrillo’s salary and hours going forward.
Selectman David Yish and Selectman David McKane voted in favor of the settlement. Drayton-Rogers voted against it.
“This settlement was a negotiated compromise, however, the reason I opposed the action going forward is that in principle, I disagree with Mr. Ferrillo’s basic claim that the position was ever anything but part-time, as noted in the personnel policy in the Town of Oxford,” Drayton-Rogers said in a statement she read from.
Attorneys for both sides negotiated the settlement.
However, Ferrillo still has to sign it.
Here is the document elected officials discussed:
