Legislature proposes local law for discretionary coroner pay for catastrophic events
The Genesee County Legislature has set a public hearing for next month to adopt a local law that would give lawmakers the ability to compensate coroners more than currently allowed for time spent during catastrophic events.
Resolutions forwarded by the Ways & Means Committee to Wednesday’s full legislative meeting call for the following:
- The scheduling of a public hearing on proposed Local Law Introductory No. 3, Year 2020, at 5:30 p.m. Jan. 13 at the Old County Courthouse in Batavia;
- The adoption of the local law to allow discretionary compensation for services rendered during catastrophic events by elected or appointed coroners for a fixed term for the County of Genesee as introduced Dec. 9, 2020.
The measures stem from the airplane crash on Oct. 2 off Boyce Road in Corfu that claimed the lives of attorneys Steve Barnes and his niece, Elizabeth Barnes.
Coroner Jeff McIntire of Oakfield reportedly put in 260 hours on that case but, as the law stands now, is eligible to receive $200, based on $100 per case (or deceased individual). The pay increases to $150 per case on observed holidays.
The county’s four coroners also receive an annual stipend of $1,500 – paid throughout the year on regular paydays – but no mileage.
McIntire informed county officials of the situation, prompting the decision to put forth a new local law that gives the legislature some flexibility regarding compensation in unusual circumstances, County Manager Matt Landers said.
“It’s something that I don’t believe was thought of when the compensation was put in place for our coroners,” Landers said. “We’re trying to make this local law … so the legislature can determine what an extraordinary event is and what they want to compensate. Every case can be different, and we don’t want to end up in the future having to change the local law again because we were too restrictive.”
McIntire received a commendation from the legislature for his work (along with a team of responders) at the scene.
He resigned on Nov. 15 after serving more than five years as a county coroner. Landers said McIntire had planned to resign before the crash as he looks to relocate to Florida.
McIntire, who also is assistant chief of the Oakfield Fire Department, did not respond to phone calls from The Batavian seeking comment.
Landers said without this local law, legislators' hands are tied.
“Right now, there really is no ability for this legislature to legally give any compensation above and beyond what he was paid because of the local law that we have,” he said.
Karen Lang, Tom Douglas and Adam Palumbo are the other county coroners. Republican Party leaders are in the process of finding a replacement for McIntire.
The resolution’s specific wording as is follows:
Section 1. In addition to the existing compensation for Genesee County Coroners that are elected or appointed for a fixed term, the Genesee County Legislature is hereby authorized to provide additional compensation when Coroners provide extraordinary services above and beyond their normal duties after a catastrophic event leading to the death of one or more individuals within Genesee County.
Section 2: The determination as to whether or not an event qualifies as catastrophic; as well as the determination as to the amount to be paid to Coroners for extraordinary services, shall be made in the sole discretion of the Genesee County Legislature.
Section 3. Any Coroner may submit a claim retroactively to October 3, 2020, by a submittal in writing, which details the services rendered and the times and dates of the same.
Section 4. This Local Law is subject to referendum on petition pursuant to the provisions of Section 24 of the Municipal Home Rule Law.
Section 5. This Local Law shall take effect upon proper filing with the Office of the Secretary of State.
