The two town employees who have been under scrutiny since July 2008 for their involvement with a controversial paving job at the West Albany Rod and Gun Club have been found innocent of all but two charges by Town of Colonie Civil Service Officer Michael Foley and as such have been restored to their original positions, as they have been serving in demoted positions since Thursday, Dec. 4.
But according to Colonie Supervisor Paula Mahan, the decision made by Foley could have been politically motivated.
In response to the decision, the supervisor wrote in a statement, I have read the decision issued by Mr. Foley and I would state at the onset that I fully respect those laws and the process that is intended to provide public employees with a venue to appeal disciplinary decisions.
She continued, `However, even a casual reading of Mr. Foley’s decision compels the conclusion that his decision was politically motivated, not based on the facts of the case, and raises doubt as to Mr. Foley’s respect for this process.`
In June, 2008, New York State Comptroller Thomas DiNapoli audited the paving job and determined that, while not illegal, the actions taken in the paving job, which involved the use of town employees and equipment and the dumping of `spoils,` a composite material of dirt, tree back and debris, on the property, were not made in the best interest of taxpayers of the town. Furthermore, the comptroller concluded that the paving job cost taxpayers nearly $48,000 more than alternative options.
The employees, William Neeley and Thomas Romano, were put on 42-day suspensions, according to United Public Service Employees Union Regional Coordinator Kathy Wright, who has been defending the men, in July. In August, the employees were subject to two days of public hearings heard by Bethlehem Hearing Officer Paul Dwyer.
In September, the two filed separate yet identical lawsuits claiming that Supervisor Paula Mahan and the Town Board did not have the authority to discipline them, as only their immediate supervisor, in this case Commissioner of the Department of Public Works Robert Mitchell, would have the power to do so.
Dwyer released his recommendations the first week of December, which were discussed in an executive session prior to the Thursday, Dec. 4 Town Board meeting. But at the meeting, Town Attorney Michael Magguilli announced that while the town did accept Dwyer’s recommendations, that had the men each placed on 60-day suspensions, the town would not be acting on those recommendations, but instead demoting both employees.
Neeley, who was formerly the town’s Department of Public Works supervisor, was then demoted to the position of senior civil engineering technician. With his demotion came a pay cut of $13,176. Romano, who was formerly the a highway maintenance supervisor, was demoted to the position of civil engineering technician. With his demotion came a pay cut of $9,804.
Supreme Court Justice John Egan Jr., the judge deciding on the September lawsuits filed by the employees, signed his decision on Wednesday, Jan. 28, stating that Colonie Supervisor Paula Mahan and the Colonie Town Board did act within their rights when demoting Neeley and Romano based on their involvement with the paving job.
`In conclusion,` Egan’s decision reads, `and to put it simply- the law does not specify who can file disciplinary charges, and while the Commissioner of the Department of Public Works could have done so in this case, his jurisdiction to do so is not exclusive, and the Town Supervisor was within her rights in proffering the charges.`
While Egan was making his decision, the town had placed a restraining order on Foley hearing the cases of the men, so that Egan could make his decision.
After Egan made his decision, Foley’s restraining order was lifted, and he was able to continue the work he began in December, looking into the cases of Neeley and Romano.
This morning, Foley made his decision to restore the employees to their original positions, with a punishment of a 30-day suspension for each, which they have already served, for not having completed a written contract for the paving job and drafted plans for the work. In addition, the men will be receiving back-pay for the additional days they were suspended.
Foley’s decision represents his finding that there was no policy in place at the time of the paving job regarding the dumping of spoils that warranted disciplinary action. The town’s spoils policy was enacted this year under Mahan’s administration.
In her statement, Mahan also said that Foley entirely dismissed DiNapoli’s report, specifically the part that regarded the misuse of public funds and personnel at the Club site. `The fact of the matter is the West Albany Rod and Gun Club incident involved a serious lack of judgment and mismanagement resulting in a substantial loss of taxpayer dollars.`
Mahan also went on to blame Foley’s ties to the previous administration on his decision.
`Unfortunately, given Mr. Foley’s connections to the former administration that attempted to cover up this blatant misuse of Town funds, equipment and personnel, his decision was not unexpected. Mr. Foley has turned his back on the public’s call for accountability,` she said.
As for taking action to reverse the decision, Mahan said, `We are reviewing the decision and exploring our options.`
For more on this story, check back at www.spotlightnews.com, or read the Wednesday, April 1 print edition of the Colonie Spotlight.
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