Buffalo, N.Y. (WBEN) - Tuesday's Erie County COVID briefing ended on a heated note after County Executive Mark Poloncarz was asked about the controversial overtime paid to Health Commissioner Dr. Gale Burstein.
Since the pandemic began, overtime earned by Burstein has been publicly called into question and has even risen to the level of being reviewed by the Treasury.
According to a release Tuesday from outgoing Comptroller Stefan Mychajliw, Burstein has been paid $336,148 in overtime and comp time during the pandemic, on top of her fixed salary of $209,000. Mychajliw is asking that Burstein be required to pay back the overtime amount.
In the release, Mychajliw refers to New York State Public Health Law section 351 as a basis to his claim that Burstein's salary as health commissioner must be 'fixed'. The release also claims a CSEA contract specifically prohibits "employees who are required to have a medical degree" from receiving overtime.
"Commissioner Burstein has a medical degree and was appointed to that position. Since medical doctors are exempt from overtime, that means she does not qualify to receive it. The additional compensation is improper and illegal. Dr. Burstein needs to pay it back before the county is sued, costing taxpayers even more money on top of her exorbitant overtime," stated Mychajliw.
A visibly disturbed Poloncarz responded to a question about the report and why Burstein is the only health director or commissioner statewide who has been paid overtime by saying, "Every single non-elected official is entitled to overtime, it's been like that a long time."
Poloncarz added that Burstein is not a CSEA employee and that numerous other non-elected officials in county government are entitled to overtime, including in the Sheriffs Department where the majority of overtime expense has been incurred, according to Poloncarz. "If they do the work, they're entitled to it."
The county executive went further in his attack on Mychajliw, claiming his continued attacks against his administration are politically motivated and even suggested anti-Semitic in this case. "He's just criticizing our Jewish health commissioner."
Mychajliw will exit the Comptroller's office Friday and enter the private sector as a political consultant, something that didn't escape Poloncarz' comments as he ended a five minute response on the issue..
"Whatever bullshit he's going to push over the next few days, remember, he's being paid by Big Dog Strategies to be a paid political operative."
The release from the comptroller ends by stating Dr. Gale Burstein's set salary is $216,122 in 2022.
Burstein was present for the COVID briefing Tuesday but did not weigh-in on the response to the overtime question.
