Westbury resident Joan Boes, a former employee at the Westbury Public Library, recently filed a $1.5 million notice of claim against the library. In the claim, Boes, who worked at the library for over 20 years before being let go earlier this year, alleges several key points including, but not limited to negligence, discrimination, breach of contract, breach of duty and harassment.

Boes, who began working at the library in November 1981, was employed as a part-time cultural programming specialist. In this capacity, she worked 17.25 hours a week - the maximum number of hours for a part-time civil service employee. At the start of the year, however, the library revamped the position and changed it to full-time. Since the position falls under civil service, the library turned to the civil service list containing the names of all those eligible for the position. Boes, however, was not eligible for the position since she had not taken the test and her name was not on the list. As a result, she was let go.

When called last week, Boes would not comment on the case.

Cathleen Towey, director of the library, said plans to change the position were in the works long before she joined the library's staff in March 2001. "The position was modified because demographics had changed remarkably over the last 10 years and there was a substantial increase in population," she said. "We needed to expand our programming in response to an increase in population."

According to the library's recently published population study, the total population for Westbury Village and New Cassel had increased from 23,317 in 1990 to 27,561 in 2000. Included in that increase was a dramatic rise in Hispanic population, up from 1,180 in 1990 to 5,467 in 2000.

Towey added, "We needed to attack certain issues that have been going on for a long time, in particular more after-school programs because we have the middle school kids here everyday."

According to the notice of claim obtained by The Westbury Times through the Freedom of Information Law (FOIL), Boes is charging the library, individuals on the board at the time of her termination, as well as Towey, her assistant, Veronica Swett, secretary, Maria Lauria and Pat Hutter and Robert Lobianco, co-presidents of the Westbury Memorial Public Library Staff Association of wrongdoing on 19 separate state and federal counts.

Although the claim does not include a request for Boes to have her job back, it does include allegations of negligence and breach of fiduciary duty by the library trustees and director; deprivation of due process of law, freedom of speech, right of association and right not to be subjected to unreasonable search and seizure; and unlawful and discriminatory dismissal from employment because of labor organization, recreation and political activities.

The claim also states breach of duty to provide due process, fair hearings and other rights upon dismissal; breach of contract under the official Personnel Policies of the Westbury Library; and breach of duty of fair representation in failing to represent claimant in labor grievance. In addition, Boes has claimed discrimination on grounds of disability caused by work-related injury and age as well as harassment, deprivation of rights of privacy, unlawful search and seizure; defamation of character and slander; and failure to grant the right to retirement and continued health insurance benefits.

According to Towey, Boes has since had her health benefits restored. "When she initially left, we read the manual and it said that unless you retire you are not entitled to continue the health benefits that you have," she said. "However, the school district - which administers our benefits - said that according to the Empire Plan, which is our plan, if you've been at place of employment for 10 years and are over the age of 55 you are entitled to maintain your health benefits at that level. The plan superseded the policy manual and she is receiving match benefits for the rest of her life."

Towey added that Boes has not been denied retirement either. "She is qualified to retire because she is over 55 and has 20 years of service," she said. "We are not standing in her way. All she has to do is put the paperwork through."

In many cases, notice of claims can be either dropped or become lawsuits. "I don't know at this point what is going to happen with this," said Towey. "The people involved in it do not feel there should be any payoff because we did not do anything wrong." Many times, to prevent a suit, claims work as a conduit towards a payoff or an agreement that involves money.

"We didn't do anything inappropriate," said Towey. "Everything was completely legal. We were above board and did everything within civil service. It wasn't personal. We had a plan and a vision of what we wanted to do based on facts and we just couldn't do what we needed to do with a person in that position who worked 17 and a quarter hours a week [when] we are open 70 hours a week."

So far the library has not received a bill for legal costs and is working with a $10,000 deductible. "You can't put a price on the amount of time we've spent going over things and the personal stressing of everyone involved with the notice," said Towey. "It sometimes feels difficult on a personal level to have to spend time and worry on the claim. In a sense I shouldn't worry, but dealing with something like this is very stressful."