The cover-up of an error in death-benefit payments has cost two employees their jobs, and now the city is suing the recipient of the benefits.
One high paid administrator was fired and another resigned after it was discovered that the city had paid more than $140,500 to the widow of a former water department technician.
The widow, Emma Winters, is being sued by the city, who received the benefits after her husband, Jerry Winters (pictured), passed.
City officials said City Pension Supervisor, Andrea Noriega, and her boss, Accounting Operations Manager, Marlene Herrera, kept the mistake to themselves for five months, after the error had been discovered. They allege that Mrs. Winters cashed the checks that were sent to her by mistake after her husband’s death.
The city filed the lawsuit January 11th in an effort to force Mrs. Winters to pay back the money. According to city officials, Mrs. Winters said she can’t repay the money.
Jerry Winters had been a 17-year employee of the city. At the time of his death, he was vice president of Local 1464 for the Amalgamated Transit Union (ATU), which represents city workers other than police and fire department employees.
According to reports, Winters was set to be named president before he died in his sleep on September 11, 2011.
The city’s contract with the union guaranteed Mrs. Emma Winters a one-time death benefit payment equal to her husband’s annual salary of $53,851, after taxes. She was also guaranteed a monthly pension benefit.
Mrs. Winters said since receiving news about the lawsuit, she has not been able to find an attorney to help her.
“As far as the checks are concerned, I didn’t know what my husband was earning, and when I got the checks, I thought they were mine. I really think it was the city that made the mistake, and they are trying to make me pay for their mistake.”
Mrs. Winters said she and her husband were married for 24 years, and both had children from previous relationships.
“I barely had time to grieve when they started sending me the checks. Jerry passed in September, and I got the first check in December.
“No one with the city has talked to me about arranging to pay the money back in any way. I keep telling them I don’t have it, and that I used it to cover medical bills, help out some family members, and change some things in my house, because there were too many memories of my husband still there. I knew if I was going to stay in that house, some things had to change.”
Mrs. Winters said she has worked as a custodian at a local school for 23 years, and she’s considering retiring soon.
ATU Local 1464 President, Effrem Green, said Mrs. Winters broke off communication with them some time ago.
“We did provide her some financial relief at the time, and a package from the national ATU office.
“As far as Mr. Winters was concerned, he was a great guy, especially when it came to international and lobbying procedures. He is well missed, and was so knowledgeable when it came to the way a union operates.
“He would have been president, and I would have been vice president.”
City Finance Director, Sonya Little, said part of their effort was to have Mrs. Winters contact them to arrange a way to get the funds back.
“This is not a step we wanted to take, but we were obligated because of the nature of the funds to get them back.
“We aren’t being insensitive to Mrs. Winters. This is just a step we are obligated to pursue. We are still willing to negotiate with her on a payment plan to recover the money.”
