`Performance concerns' led to engineer's firing: city
Response to $1.55M lawsuit calls corruption allegations `baseless'
The City of Windsor claims its former top engineer displayed “unsatisfactory competence” during his time at city hall in its response to a $1.55-million wrongful dismissal lawsuit.
In a statement of defence filed late Tuesday and obtained by the Star, the city alleges Chris Nepszy, who was fired in November after nearly two years on the job, “repeatedly failed to meet expectations” associated with his position.
The city also denies all allegations made against it in a statement of claim filed by Nepszy's Toronto-based lawyer in March — allegations the city's court document calls “sensationalized and spurious” and “deliberately inflammatory.”
The Star was unable to reach Nepszy's lawyer, Howard Levitt, ahead of its midday print deadline.
As first reported by the Windsor Star, Nepszy's statement of claim filed with Ontario Superior Court in Toronto alleged a “top-down culture of corruption” at city hall and cited orders from superiors to “keep the mayor happy at all costs.”
The statement of claim alleges Nepszy suffered “considerable mental distress” during his time at city hall, and claims he was pressured into the “misuse” of public funds.
Windsor Mayor Drew Dilkens terminated Nepszy in November in his first significant use of strong mayor legislation — changes to the municipal act enacted by the Doug Ford Conservative government that gives some heads of municipal councils additional powers and duties.
All claims in the court documents are allegations and have not been proven in court.
The city's statement of defence denies Nepszy's “baseless allegations” of corruption, and of “`illegal,' `immoral,' and `unethical' conduct.”
The statement of defence claims that, during his tenure as commissioner of infrastructure services, “it was evident (Nepszy) did not have the requisite experience or skills necessary to fulfil his job duties.” He “demonstrated a general lack of engineering ability, including a lack of knowledge relating to road projects, sewer projects, and other essential projects under his purview,” the city claims.
The city alleges Nepszy “demonstrated an inability to effectively communicate with city leadership, city council, and other stakeholders, including a poor and/or an overall lack of responsiveness to emails, phone calls, and inquiries.” The city claims the issues were brought to Nepszy's attention by then-chief administrative officer Onorio Colucci, who allegedly offered Nepszy guidance during monthly one-on-one meetings.
Nepszy allegedly “frequently complained about the volume and variety of projects under his purview and often appeared to be unprepared at meetings … and even in instances where the subject matter was well known to him in advance.”
The city denies Nepszy's termination resulted from reprisal and instead claims it was “based on the culmination of his continued and growing performance concerns and overall inability to adequately carry out his responsibilities.”
Nepszy's lawsuit alleges he resisted participating in five “improprieties” listed in the statement of claim: covering up costs associated with the Legacy Beacon streetcar project; including an unapproved street in an annual road rehabilitation program; not proceeding with approved infrastructure projects in one neighbourhood to “spite” the mayor's political opponent; delaying reports for the mayor's political advantage, something Nepszy claims he faced backlash for during public meetings; and waiving parking fees for councillors. The lawsuit alleges Nepszy was “regularly subjected to aggressive behaviour and was threatened with consequences if he would not comply.”
The city claims Nepszy's “allegations of improprieties and `topdown corruption' are baseless, without merit, and are in no way relevant to his claim for damages arising from his alleged wrongful dismissal by the city.” It denies the city made “any attempt to coerce (Nepszy) to participate in illegal conduct,” and denies that Nepszy was “subjected to aggressive or threatening behaviour.”
The city denies Colucci indicated Nepszy was “seen as `too close'” to former CAO Jason Reynar, whose employment was terminated by council in March 2022 — another allegation from the lawsuit. The city also denies Colucci advised Nepszy “to focus on `appeasing the mayor and the mayor's supporters,' as alleged.”
The city “specifically denies that Mr. Colucci stated `keep the mayor happy at all costs and you won't be a target' as alleged,” the document said.
The city denies that councillors requested “favours” from Nepszy relating to “inappropriately voiding or waiving parking tickets.” It said the city has “discretion” to overturn or waive tickets if it's “determined appropriate,” and denies that the city “and/or its agents used this discretion in a manner that was untoward or otherwise inappropriate.”
The city also denies that Nepszy was “coerced into breaching professional or ethical obligations to carry out favours for perceived mayoral supporter,” as alleged in the lawsuit.
The city claims no reports were “manipulated or delayed for political advantage.” It denies that Dilkens forced Nepszy to delay the completion of reports or projects for political gain, including projects on Wyandotte Street East and Jarvis Avenue noted in the lawsuit.
The city denies that Nepszy has suffered any damages for which the city is liable. It also denies that Dilkens suggested Nepszy was incompetent in a media interview after his termination.