A plan to give Niagara County Undersheriff Sam Muscarella additional pay for handling sheriff’s duties last year is drawing opposition from the chairman of a legislative committee charged with taking a closer look at the proposal.
Legislator Peter Smolinski, R-North Tonawanda, raised objections Tuesday to a plan pitched by Niagara Falls Democrat Jason Cafarella to give Muscarella $5,080.48 as compensation for assuming the role as county sheriff following the July 25, 2008 retirement of former sheriff Thomas Beilein.
Smolinski, who serves as chairman of the Legislature’s Community Safety and Security Committee, said he doesn’t believe Muscarella deserves any additional compensation, in part, because filling in for the sheriff is part of the undersheriff’s job description. He also said the move would place an unnecessary burden on the taxpayers and suggested it may have something to do with helping Muscarella, who is nearing retirement, get a boost in pension benefits. Smolinski added he believes such a bonus payment may be illegal and he intends to have the county attorney’s office investigate it further. Lawmakers agreed Tuesday to refer the matter to Smolinski’s committee for additional review.
“(Muscarella) performed his duties to the best of his abilities, living up to the expectations that come with his job,” Smolinski said. “One of those expectations is assuming the duties of sheriff in the event the position becomes vacant.”
Beilien stepped down last summer in anticipation of accepting his new position as chair of New York State’s Commission on Corrections. Muscarella assumed the duties of sheriff through Dec. 31, 2008. He was compensated at the rate of pay for undersheriff and did not receive any additional salary.
Cafarella has argued Muscarella deserves extra compensation for going “above and beyond” in helping the county through the transition in the sheriff’s office. He said the additional dollars for Muscarella would not come at any additional cost to county taxpayers as the county actually saved roughly $37,000 that would have been owed to Beilein had he finished out the remainder of the year as sheriff. Cafarella added that he looks forward to discussing the matter in greater detail during next month’s committee meeting.
“I do believe that it is proper and I believe if there is no budgetary concerns problem with the county attorney’s office, I think this is the right message to send to our employees that if they step up in our time of need they will be appropriately compensated,” Cafarella said.
Contact reporter Mark Scheer at 282-2311, ext. 2250
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