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After Vote, Sherman Will Continue To Have 2 Justices

Chautauqua County elector Elizabeth Rotunda and Poll Site Coordinator Melissa Polley finish up the paperwork after the Sherman special referendum vote.

SHERMAN — The decision has been made.

The Sherman area will continue to have two justices, despite a resolution by the town board to reduce the number of town justices from two to one.

The special vote was from noon to 9 p.m. Tuesday. Approximately 170 people from both the town of Sherman and village of Sherman voted on a proposition to reduce the number of town justices from two to one, effectively eliminating the position held by James Van Volkenburg.

When voting officially closed at 9 pm, Sherman Town Clerk Tamera Weise announced the unofficial results. There were 103 residents who voted against the resolution to reduce the number of justices, and 67 who voted in favor of the resolution.

Van Volkenburg and his wife, Rose, were present for the results. “I would like to thank the Town of Sherman residents who voted in this special election to reinstate my position as your town justice,” Van Volkenburg said. “I am so happy that your voices were heard and I have my position back.”

Sherman Town Supervisor, Mark Persons, who was also present, said the town board had discussed reducing the number of justices for many months before passing the resolution.

“I think, as a town board, we were disappointed that more people did not come out and support the board’s decision. We did not pass the resolution to reduce the number of judges from two to one lightly,” he said. “Now that we’ve heard from the people, we will continue on with two judges.”

Even though the referendum went in Van Volkenberg’s favor, the town’s proposed budget for 2020 will reduce his salary by 55%, from $6,630 to $3,000. Persons explained that the reduction was a result of the decline in court cases, which have dropped from 1,206 in 2014 to 559 in 2018.

“It’s simply that the workload for the court system has declined through the years. We’ve done everything we could to reduce court costs,” Persons said. “This was a step we debated long and hard about and we felt we had to take.”

Van Volkenburg said the proposed reduction was “a slap in the face” and he hopes to have his former wage reinstated. “There is still one obstacle to overcome — the reinstatement of my wage to its current amount plus the additional $70 increment that was awarded to the other judge,” he said. “This issue will be decided at the town board’s Dec. 5 meeting.”

Persons said the proposal to reduce the number of justices has been discussed by the town board for many months.

The matter came to a head, however,at its Sept. 5 meeting, when the board voted to eliminate the position. Van Volkenburg, who has served as a justice for 32 years, and Justice Doug Neal were invited to be present at the meeting. Van Volkenberg said this was the first time he had been asked to attend a town meeting.

At the meeting, Van Volkenberg was told his position would be eliminated. “The Supervisor said revenue was down and one judge could handle the caseload with no increase in wages. He stated that my wages would be better spent on maintaining the cemetery,” Van Volkenberg said.

Van Volkenburg circulated a petition to put the board’s decision to a public vote. While the petition required only 25 signatures, 72 residents signed the document. The town then called the informational meeting and set a special vote for Nov. 19.

At an informational meeting on Nov. 7, both VanVolkenberg and Persons addressed approximately 35 Sherman area residents who attended the meeting to discuss the proposition.

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