The Oneida Daily Dispatch (Oneida, NY)
COUNCILORS QUESTIONED
Some Common Council members under fire for city manager referendum
The Oneida Common Council is facing criticism for its proposed referendum on the recently enacted city manager position.
During the March 19 meeting, several residents questioned the legal and ethical ramifications of the move.
The council is seeking a full-time manager and would like to change the position’s qualifications to aid in the job search. A public hearing on the qualifications change was to happen during the council’s April 2 meeting and a vote was set for their April 16 meeting. The referendum has since been tabled.
City residents voted to amend the city charter during the state General Election on Nov. 7, 2023. They elected to hire a city manager to streamline operations among the city’s various departments. Douglas Selby is serving as city manager on an interim basis.
Selby will work for nine months and earn $8,000 per month for a term not to exceed nine months. He has formerly worked as city manager in Las Vegas and the village of Vernon. “Selby is very qualified for the position. They have a park named after him in Las Vegas. I would love to find someone with his qualifications when it’s time,” Oneida Mayor Rick Rossi said.
The current qualifications for the position are a bachelor’s degree and five years of experience as a manager. The council wants to change those qualifications to no formal education and 10 years of experience. Rossi said the council has interviewed more than 10 candidates for the position.
“Why dumb down the qualifications?” former Oneida City Clerk Sue Pulverenti asked the council during the public comment period. “I’m beginning to think you’re doing this because you have someone in mind you want for the position. I’m here tonight and I’ll be back until this is resolved.”
Former Oneida City Supervisor Margaret Milman-barris used a pair of Freedom Of Information Law requests to find a letter dated Feb. 26. In the letter, council members Jim Szcerba, Steve Laureti, Andrea Hitchings, Rob Winchell, and Bill Pagano had designated Codes Director Bob Burnett as acting city manager in Selby’s absence.
When questioned by Milman-barris neither Sixth Ward Councilman Thomas Simchik nor Rossi said they were aware of the vote.
Attorney and former Oneida Mayor Peter Hedglon said their conduct was in violation of New York State’s Open Meetings Law. He urged the council members associated with the letter to
change their minds and abnegate the letter.
Hedglon said no actual meeting happened because there was no public notification given, City Clerk Sandy Lapera was not notified and Rossi and Simchik were not told of the meeting. He declared the letter invalid and said a court could force the city to pay the legal fees of any party making a successful challenge to the letter.
“You have all sworn to defend the U.S. Constitution and all state and local laws,” Hedglon said. “Rescind the letter. Avoid more embarrassment. Save the taxpayers some money.”
Rossi said he agreed. “I think they should rescind the letter, but it’s up to them. They voted for the city manager,” he said.
Deputy Mayor and Second Ward Councilman Steve Laureti denied any surreptitious dealings.
“To clarify, there were no secret meetings,” he said. “We wrote the letter because Selby had named comptroller Lee Ann Wells as (an) active manager in his absence, say a surgery or something similar, and we sent him one back. We said we wanted Burnett because of his managerial experience. We also wanted to avoid a conflict, to not have her managing the city’s finances and its operations.
“Basically, it’s checks and balances, the separation of powers.”
Laureti said the council was not compromising on the city manager’s qualifications.
“It’s another misconception,” he said. “We think practical experience in lieu of education is worthwhile. We have interviewed about ten applicants but only one or two were worth interviewing. Bottom line, we want to have the city run efficiently and save the taxpayers money.”
Rossi disagreed.
“I feel they are lowering the bar,” he said. “It’s silly to rewrite the qualifications after only two-and-a-half months.”
Laureti also rebuked Hedglon regarding the letter. “If it’s an invalid letter, why should we rescind (it)? But if he feels strongly enough we could pass a resolution rescinding it.”
Simchik said he had concerns about the new city manager position. During last year’s budget hearings, the council voted to cut the city manager’s yearly salary from $120,000 to $100,000.
“We will be hard-pressed to fill the position when some department heads are making more than the person who is supposed to be in charge. It will be tough. Our hands are tied right now,” Simchik said at the time.
A city manager is the chief administrative officer of a city or town that operates on a council-manager form of government. A city manager is not elected like a mayor but may be a full-time position.
While elected officials like city councilors and a mayor might write laws, the city manager is responsible for implementing them. Appointing and removing employees is more likely to fall to a city manager.
City managers oversee the day-to-day operations of a city. In a council-manager system of government, the city manager makes sure these departments, including police, fire, and public schools, function properly.
A city manager may be responsible for overseeing the budget, expenditures, and disbursements. And, a city manager does not vote on city council matters, but they do attend council meetings. They sometimes oversee those meetings.