August 7, 2009 Federal Judge Kenneth Karas of the U.S. District Court of the Southern District of N.Y. filed a ruling on Wednesday (Aug. 5) that Tim Cronin, former greens keeper at Spook Rock Golf Course, has adequate cause to bring Christopher St. Lawrence to trial in Federal Court. St. Lawrence is charged with the violation of Cronin’s First Amendment rights and with retaliation taken by him, St. Lawrence, against Cronin.
 

The text of the published opinion reads, "Plaintiff (Tim Cronin) is a former public employee who contends that he was suspended and constructively discharged (fired) from his position with the Parks Department in retaliation for his refusal to post a campaign sign for the Defendant (Christopher St. Lawrence) in his front yard."

You might remember this story. The sign was not one of those 2 x 3 paper lawn signs you stick into the lawn with wires. It was a 4 x 8 foot plywood billboard fixed to 2 x 4s that are dug into the ground. And it was not once, but numerous times that the sign was sunk back into Cronin’s front lawn, after he repeatedly said he didn’t want it there. And this happened over several St. Lawrence political campaigns.

At first, it was David Stein (Town Councilman) who was leaning on Tim to put and keep the sign up. Finally, though, there was a confrontation between St. Lawrence and Cronin over the phone when St. Lawrence called and virtually ordered his employee to put the billboard back up on his lawn. Central in the conversation was St. Lawrence’s not very transparent threat, "But I support you in your job, and you’re not going to support me?"

Tim Cronin stood his ground, and months later he was forced out of his job with trumped-up charges brought by St. Lawrence and his Town Board. (You can read the entire story here.)

The single line in the court decision that orders the Supervisor, Stein, Michael Klein, and the election billboard into Federal Court reads:

"Thus, Plaintiff (Cronin) has adequately alleged that he suffered adverse employment actions in the form a suspension and constructive discharge."

Attorney George J. Cotz of Suffern is representing Tim Cronin, and he will now request a scheduling conference to arrange for sworn depositions from St. Lawrence, Town Attorney Michael Klein, and other Parks and Recreations employees. He says he would like to start taking sworn testimony in October.

As to the relief sought by Tim Cronin, Cotz believes there are monetary damages that would include back pay and medical and other benefits that were lost due to the retaliation taken by his boss, St. Lawrence. And there’s also the question of punitive damages. What penalty is appropriate for an employer who tramples over the Constitutional rights of his employees?

We will report on the progress of this case as events unfold. Meanwhile, if any readers have knowledge of other examples of this kind of behavior directed at employees of the town, please forward that information to us here at the website at pr.webmaster@gmail.com. We will respect your privacy if you prefer to remain anonymous.