FOIL reveals series of events leading up to Green being fired
BERNE — A series of arguments and face-offs appears to have led to the firing of a town employee last September by the Berne Supervisor Kevin Crosier, according to accounts from other town employees.
According to an account from town clerk Anita Clayton, which The Enterprise obtained from a Freedom of Information Law request, Green’s partner, Timothy Lippert, the town’s building inspector, was mistakenly added to Green’s health insurance. Crosier wrote to Green on Sept. 12 that Lippert could be enrolled but the two would be responsible for additional costs not covered by the 85-percent premium offered to individuals and their dependents.
Green who had worked part-time for the town on a variety of tasks ranging from jobs at the transfer station to the town park, had just been given a full-time job by the Berne Town Board.
According to Clayton’s account, Green had first spoken to her to say the policy was not a problem, and later said over the phone that it was not acceptable and should be changed. Clayton then transferred the call to Crosier.
Crosier declined to comment to the Enterprise last month on his phone conversation with Green, stating he does not speak of employee matters with the press.
The third week in September, after the letter stating the insurance policy was typed up, Clayton asked Green to come to the town hall to pick it up. He called and told her he could not be there and that under no circumstance would he talk to Crosier without his attorney present. Green called in sick the next day.
On Sept. 14, Green did not arrive at the town hall, and could not be reached by Clayton. Crosier had written a letter stating Green was to report to him by 11 a.m. the next day. Crosier and Clayton then drove to Green’s various workplaces. Green was eventually spotted leaving the highway garage and yelling to go to Town Hall, Clayton’s written account says.
According to a separate account from senior town account clerk Andrea Borst, who was filling in for Clayton, Green came into the office at the town hall stating that Borst needed to call 9-1-1, saying he was being followed.
When Crosier and Clayton arrived at the town hall, according to Clayton’s account, Green was in front of the building with Lippert, who jumped in front of Green — who according to Clayton appeared angry and emotional — and said not to touch him. Crosier attempted to give Green the letter. Borst then came out of the office to say that the dispatcher would not send anyone until they knew why. Clayton, and then Crosier, took over the call.
Eventually, the members of the Albany County Sheriff’s Office and the New York State Police had arrived. Crosier gave a sheriff’s deputy the letter to give to Green, who refused to take it. Crosier then contacted Michael Richardson, the town’s labor consultant, who dictated a termination letter for Clayton to type up.
The deputy took that letter to give to Green, who refused to accept that letter as well.Telling the deputy that Green had been fired, Crosier asked the deputy to escort him to the highway garage to return his keys and then escort him off town property.
The termination letter states that Green was to be fired for “gross insubordination.”
In a September letter to the editor, Green said he was terminated by the supervisor through a sheriff’s deputy, calling it “abrupt and unexplained.”
Green did not respond to calls for comment; neither did his lawyer, Matthew Griesemer. Lippert told The Enterprise that he did not wish to comment but did tell The Enterprise that a case in the New York State Unemployment Insurance Appeals Board had been ruled in Green’s favor. The Enterprise was denied a request for information regarding such a case – being informed that records were accessible only with signed permission from someone involved in the case. Neither Green nor Lippert returned calls seeking permission.