Judge rules in favor of city

Mike Modrzynski
The City of Alpena’s original offer stands, according to Circuit Court Judge John Kowalski, and former city manager Michael Uskiewicz will not receive any payments beyond that proposal.

The case brought before Kowalski stemmed from a lawsuit filed by former City Manager Michael Uskiewicz over an alleged breach of contract. He was hired in February 2006 and resigned the following December, citing a difference in management philosophy as the reason. The suit rose from his claim that he should have been paid for unused sick time.

City officials have claimed the inclusion of a reference to sick time was a clerical error, and Uskiewicz failed to sign and return an updated severance agreement that was sent to him.

According to Gretchen Olsen, attorney representing the city in this case, Kowalski’s decision ends this phase of the lawsuit. She said the option of an appeal is always there but she had no knowledge on that possibility.

“Judge Kowalski said the case has been decided in the city’s favor, noting that there had been an error in drafting the severance agreement and the original proposal,” she said. “The city will abide by the agreement, paying Mr. Uskiewicz the equivalent of three months’ salary plus $2,961 in unused vacation and personal time.”

Each city administrative employee receives 960 hours of sick time at the time of hiring and that total is to be used throughout their period of employment with the city. According to city officials, employees leaving the employment of the city have never been reimbursed for unused sick time, not even at the time of retirement.

“The city never intended to pay for (Uskiewicz’s) sick time and the court agreed that was our original intention,” Olsen said. “We agreed to pay what we originally offered and was accepted by Mr. Uskiewicz.”

In Uskiewicz’s lawsuit, he claimed the city actually owed him $35,000 in severance benefits when he resigned pursuant to a severance agreement drafted by the city. In response, the city filed a counter-claim seeking to reform the agreement to reflect the intention of the parties at the time municipal council accepted Uskiewicz’s resignation.

Kowalski’s decision was in favor of the city, concluding there had been an error in the drafting of the agreement, that Uskiewicz was aware of the discrepancy, but signed it anyway without bringing it to the city’s attention.

Mike Modrzynski can be reached via email at mmodrzynski@thealpenanews.com, or by phone at 354-3111 extension 324.