The editor and contributors to the Cortland Contrarian have received and read a 16 page FOILable copy of minutes of a city department head meeting held February 24, 2010. In attendance were Mayor Feiszli, Alderpersons Craig, Ferguson and Tobin, Corporation Counsel Walsh and all department heads. Names of department heads were blacked out on the copy, but handwritten department head comments in the margins were retained.
The purpose of the meeting was to review administrative action taken with regard to former Finance Administrator Bryan Gazda, who was on paid administrative leave at the time of the meeting. Mayor Feisli said that department heads had concerns about the performance of Mr. Gazda. Alderman Tobin related that council had a list of fifty-three concerns, which was reduced to sixteen questions, and presented to Mr. Gazda for his response. He did not disclose Mr. Gazda's response.
"Alderman Tobin noted that one of the concerns was whether or not there had been any negative job performance evaluations on him during the first six months. Alderman Tobin noted that to the best of his knowledge no one had said anything during the previous administration."
Immediate criticism from department heads followed Alderman Tobin's comment. One department head said he had sent an email to Alderman Tobin and reached out to Alderman Quail. He went on to state "that the council was misled in a public meeting on what Mr. Gazda gave the council information on." A general discussion about Mr. Gazda's performance and conduct followed.
"Alderman Tobin stated that the idea was to hold Mr. Gazda accountable and let him know what the job expectations were. Besides some job performance issues to address, there are also anger management issues to address as well."
Two department heads asked why the council was going to bring Mr. Gazda back.
"Alderman Tobin stated that it was the mayor's decision to put Mr. Gazda on administrative leave and he has not been eliminated. The council is making a decision about what they think is in the city's best interest."
These comments invited more criticism and challenge from department heads, who said they were looking out for the interests of taxpayers too. One department head "asked if the city had hired a Director of Administration and Finance trainee. He stated that he thought that was what everyone felt because Mr. Gazda had no knowledge."
It was apparent from the minutes that city council wanted to extend a trial period for Mr. Gazda, to delay his immediate termination, but department heads wanted his employment terminated. Several department heads said they had been contacted by the media with questions on this matter and wanted to know how to respond. Corporation Council Ron Walsh stated that these questions should be directed to the mayor. There followed a discussion about legal issues attached to public comments on the subject of Mr. Gazda.
Corporation Counsel Ron Walsh stated that he was "not comfortable about giving advice in this situation as he had applied for and interviewed for the position of Director of Administration and Finance." He recommended outside counsel.
One department head asked if there was some legal reason why council was not discussing Mr. Gazda and why, with over one hundred years of dedication and experience to the city, department heads are being disregarded for one person. Alderman Tobin stated that the council had talked about how they could dismiss him. Mayor Feiszli stated the city wanted to do it legally. Department heads continued to press for termination of Mr. Gazda's employment with the city, citing the many disputes they had with him.
At one point in the open discussion, "Walsh stated that the council members should ask what the council proposed to accomplish when department heads don't respect him. How can we go forward and then wait for an evaluation in four months?"
Alderman Tobin noted "there is a process and part of the process will be clarifications of what is expected in this position as this will impact him in his position as well as fellow employees. This will be discussed, the council will not just hand him a job description, they will discuss with him their expectations of what he needs to do when interacting with his subordinates." (A handwritten note in left side margin: What was the outcome?)
Alderman Tobin noted that the council "would be making a list of things Mr. Gazda has done, a list of what he needs to fix." (A handwritten note in left side margin: Where is the list?)
"Mayor Feiszli noted that she would like to spend the next four months trying to get out of this mess rather than writing documentation of what Bryan is doing or not doing. She explained that a lot of time has been spent on this issue and it needs to be done with and taken care of. She felt there was not a working relationship with him and she stated to council members that if they wanted Mr. Gazda to come back, they were going to have to figure out how it was going to work.
"Mayor Feiszli noted that she would continue to place him on administrative leave and she will be placing this item on the next council agenda. She went on to state that the mayor has the power to remove him with council's approval."
On a discussion about confidentiality and FOIL, the mayor stated "that she had been asked to record this meeting and asked to take minutes and no executive session had been called, so that the minutes of this meeting were subject to FOIL."
Other non-related issues were discussed toward the end of the meeting. The mayor indicated that she would put the job performance issue of Director of Administration and Finance on the March 2, 2010 council agenda. The controversy surrounding this issue was described by area media and political opponents as "dysfunction" and it was pinned entirely on Mayor Feiszli.
What do you think?
Editor's Note: Readers may contact City of Cortland and request a FOIL for the complete minutes of the February 24, 2010 meeting. www.cortland.org
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