Town of Colonie Civil Service Officer Michael Foley reversed the demotion of two town employees who have been under scrutiny since July 2008 for their roles in paving job at the West Albany Rod and Gun Club in 2007.
The decision, made Thursday, March 26, restored William Neeley and Thomas Romano, who were demoted in early December, to their original positions. Foley said a 30-day suspension, which the men have already served, would remain in place as discipline for not having a written contract or drafted plans for the paving job, which was completed using town resources. Neeley and Romano will be receiving back pay for any additional days they were suspended.
Colonie Supervisor Paula Mahan called Foley’s decision political.
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, Mahan said. `Mr. Foley has turned his back on the public’s call for accountability.`
She said the decision did not take into account the state comptroller’s findings that the paving job was not in the best interest of taxpayers, costing nearly $48,000 more than alternative options, according to the audit.
`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,` said Mahan. `I believe my administration made the correct disciplinary recommendation, and we will continue our efforts to bring good, honest government to the residents of our great town. I can assure the taxpayers of Colonie that, under my watch, there will be no repeat of abuses like the West Albany Road and Gun Club.`
In his decision, Foley wrote that it was based on the fact that there was no policy in place at the time of the paving job regarding the dumping of spoils, which were used to pave the private club’s lot, that warranted disciplinary action for what Neeley and Romano did.
The town’s spoils policy was enacted this year, under Mahan’s administration.
Foley declined to comment on the case.
`I think it would be improper for me to say anything,` he said last week.
United Public Service Employees Union Regional Coordinator Kathy Wright, who has been defending the men, said Foley’s decision brings closure to the incident, even though Neeley and Romano were not completely exonerated of responsibility in the controversial paving job.
`We were pleased to see that Mr. Foley acknowledged that there were political overtones all over this, and there was nothing sinister about these employees’ actions,` said Wright.
Wright also said that, legally, this decision is the end of the road.
`The town has no place else to go,` she said.
In June, 2008, New York State Comptroller Thomas DiNapoli audited the paving job, which took place under the former town administration, and determined that, while not illegal, the actions, 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.
After the audit results were released last summer, Mahan and her administration began looking into the details of the paving job, pledging to bring accountability to those who were responsible.
Neeley, of the town’s Department of Public Works, and Romano, a highway maintenance supervisor, were put on 42-day suspensions in July. In August, the employees were subject to two days of public hearings presided over by Bethlehem hearing officer Paul Dwyer.
Several times throughout the hearings, Wright repeatedly called Mahan’s motivation for pursuing discipline of the men `political.`
In a statement released Thursday, March 26, Wright wrote that the men have been the subject of a `politically charged and motivated issue.`
In September, the two filed separate lawsuits claiming that Mahan and the Town Board did not have the authority to discipline them, and that power fell to their immediate supervisor, Commissioner of the Department of Public Works Robert Mitchell.
Dwyer released his recommendations to place the men on 60-day suspensions were discussed in an Town Board executive session prior to the Thursday, Dec. 4, Town Board meeting where Town Attorney Michael Magguilli announced that the town would take steps beyond Dwyer’s recommendation and demote the two employees.
Neeley, who was formerly the town’s Department of Public Works supervisor, was demoted to the position of senior civil engineering technician. With his demotion came a pay cut of $13,176. Romano, who was formerly 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., who heard the September lawsuits filed by the employees, handed down his decision Jan. 28 that Mahan and the board did act within their rights when demoting Neeley and Romano.
`To put it simply,` Egan wrote, `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.
After Egan’s decision, the order was lifted, and Foley was able to continue the work he began in December, when he first started looking into the cases of Neeley and Romano.
In a copy of his decision, Foley explained the two disciplinary actions against Neeley and Romano that are being upheld ` the first being `misconduct in the performance of duties as Public Works operations supervisor in that you [Neeley] permitted the highway division of the Department of Public Works to negotiate and contract on behalf of the Town of Colonie without proper authority or approval.`
Foley wrote in the decision that Romano had established an oral agreement with the Rod and Gun Club and Neeley was aware of it, but the supervisor, with the approval of the Town Board, is the only entity that can enter into a contract on behalf of the town.
The second disciplinary action Foley decided to uphold was for `incompetence in the performance of your duties as Public Works operations supervisor by failing to provide Division of Highway employees with proper policies and procedures pertaining to the performance of work on private property and failing to ensure that such work is authorized and conducted according to formal specifications, policies and procedures.`
In the decision, Foley wrote, `Standard business practice would require plans for any public works project. The proper planning and authorization were not done.`
In her statement, Mahan railed against Foley’s decision and said the town is considering its next steps.
`We are reviewing the decision and exploring our options,` said Mahan.
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