BEVERLY - Former Mayor Tom Crean has appealed a judge's ruling that he is not entitled to $7,000 in unused vacation pay he collected when leaving office in 2004.
Crean and his attorney filed the appeal last month, after Salem Superior Court Judge Howard Whitehead granted summary judgment for the city of Beverly and ordered Crean to repay the money to the city.
Crean's lawyer has been given until June 25 by the Appeals Court to file a brief in the case. A hearing on the issue isn't likely to take place for at least a year.
Crean served a single, two-year term as mayor and prior to that was a city councilor and alderman. He decided that based on his years of service to the city, he was entitled to four weeks of vacation per year. As he left office, he ordered then-human resources director Thomas L'Italien to cut him a check for the unused time, minus taxes, which amounted to about $4,500.
Crean's successor, Bill Scanlon, took him to court. Lawyers for the city argued that Crean received all the pay to which he was entitled - his salary, set out by city ordinance.
The judge agreed, finding in part that Crean was not an "employee" in the traditional sense of the word but an elected official who was basically "on call" at all times.
"Although a mayor ... may actually remove his person from his office for ... vacation, he does not remove his office from himself. He remains accountable to the city for those responsibilities with which he has been charged regardless of where he may find himself," the judge said in his ruling.
"Therefore, common sense urges that the chief executive (of a city) cannot call himself an employee within the meaning of a statute which defines vacation benefits for employees."
The judge also noted that as mayor, Crean did not have to report his hours worked or request permission to take time off.
Crean and his lawyer had argued that because Crean received other benefits, such as health insurance, he was also entitled to vacation pay.
The judge acknowledged during a hearing on the issue last September that there is surprisingly little case law on the issue.
Crean's lawyer, Jordan Shapiro, said yesterday that a decision by the Appeals Court could set a legal precedent on the issue - though it's not clear how often, if ever, outgoing mayors seek to collect unused vacation pay.
Crean and his attorney filed the appeal last month, after Salem Superior Court Judge Howard Whitehead granted summary judgment for the city of Beverly and ordered Crean to repay the money to the city.
Crean's lawyer has been given until June 25 by the Appeals Court to file a brief in the case. A hearing on the issue isn't likely to take place for at least a year.
Crean served a single, two-year term as mayor and prior to that was a city councilor and alderman. He decided that based on his years of service to the city, he was entitled to four weeks of vacation per year. As he left office, he ordered then-human resources director Thomas L'Italien to cut him a check for the unused time, minus taxes, which amounted to about $4,500.
Crean's successor, Bill Scanlon, took him to court. Lawyers for the city argued that Crean received all the pay to which he was entitled - his salary, set out by city ordinance.
The judge agreed, finding in part that Crean was not an "employee" in the traditional sense of the word but an elected official who was basically "on call" at all times.
"Although a mayor ... may actually remove his person from his office for ... vacation, he does not remove his office from himself. He remains accountable to the city for those responsibilities with which he has been charged regardless of where he may find himself," the judge said in his ruling.
"Therefore, common sense urges that the chief executive (of a city) cannot call himself an employee within the meaning of a statute which defines vacation benefits for employees."
The judge also noted that as mayor, Crean did not have to report his hours worked or request permission to take time off.
Crean and his lawyer had argued that because Crean received other benefits, such as health insurance, he was also entitled to vacation pay.
The judge acknowledged during a hearing on the issue last September that there is surprisingly little case law on the issue.
Crean's lawyer, Jordan Shapiro, said yesterday that a decision by the Appeals Court could set a legal precedent on the issue - though it's not clear how often, if ever, outgoing mayors seek to collect unused vacation pay.
Shapiro, who has not yet filed a brief with the court outlining the basis of his appeal, declined to comment on his specific arguments, other than to say he believes his client's case has merit.
Scanlon said he had not yet been notified of the appeal and declined comment.
In February, Crean admitted to violating the state conflict-of-interest law by declaring his city laptop computer surplus equipment, then purchasing it for just $100, a fraction of its actual value, in the days before leaving office. In a settlement agreement with the state Ethics Commission, he was ordered to pay a $1,000 fine and reimburse the city $500 for the computer.
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