Windsor Star

`Performanc­e concerns' led to engineer's firing: city

Response to $1.55M lawsuit calls corruption allegation­s `baseless'

- TAYLOR CAMPBELL

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.

 ?? TAYLOR CAMPBELL ?? A lawsuit filed by former Windsor engineer Chris Nepszy alleges he resisted participat­ing in five “impropriet­ies” while at city hall.
TAYLOR CAMPBELL A lawsuit filed by former Windsor engineer Chris Nepszy alleges he resisted participat­ing in five “impropriet­ies” while at city hall.

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