The Common Council made it clear when they rejected Acting Chief Patrick McMahon as the permanent police chief, that by ordinance, the city has ten days to begin the process of filling the slot.
"You could make an argument that the Personnel Director making a requisition for the position was the start of the process," Mayor Sebastian Giuliano said Friday, eleven days after McMahon was rejected. "But the ordinance really says that the Personnel Director has ten days to begin the process, and the process has begun."
Giuliano would not say what his next move is, or whether any of the current candidates would be considered.
"They're not ineligible," Giuliano said. "But they've all been informed that the previous recruitment is over."
Giuliano indicated that he has a few options to consider.
"Despite what Councilman Daley said, I could simply keep McMahon and Sneed in 'Acting' capacity," Giuliano said. "I don't find any law or charter position that prevents it.
"I could create a new posting as broadly or narrowly as I prefer," the mayor said. "Or I could simply present another appointment to the Council, and let them consider the appointment for confirmation."
Democratic members of the Council uniformally rejected McMahon's appointment because they didn't approve of the process by which he was selected. Giuliano is not inclined to allow the Council any further involvement in the selection process.
"The charter is clear," Giuliano said, opening his copy of the City Charter to Chapter 4, Section 2. "I appoint. They confirm. There is no discussion of 'advise and consent.'"
Giuliano continues to dispute the claim that McMahon should have been dismissed on residency claims. The mayor feels McMahon meets the legal requirements of residency, but that the Common Council has frequently disregarded residency requirements to select candidates for director-level positions. Giuliano cited an ordinance he called the "Ed Brymer law" which dismissed residency requirements for a Police Chief. He also cited dismissal of residency requirements in the selection of a Deputy Fire Chief because all inside candidates lived out of town.
"They've done it so frequently that it (the residency requirement), has become meaningless," Giuliano said.
"I think they miscalculated in their rejection of McMahon," the mayor said. "I don't think they were expecting the backlash they're feeling."
6 comments:
I think it is the mayor who is out of touch. He spent alot of time and money on a farce of a selection, naming a candidate with a dubious record, who they say "meets the intention" of the residency ordinance but never admits to being domiciled in our town. Mr. Mayor please don't blame the council or anyone else for your arrogance and catching you being duplicitous.
Why shouldn't the Mayor blame the council when they don't confirm his choice for Police Chief. He is qualified for the position and yet they decided not to confirm him.
So are you saying he can't go home to see his kid or wife and needs to stay in Middletown at all times.
Did you have an issue with the Police Chief that didn't even live in Middletown. Or is that not an issue because who appointed him.
Acting Police Chief McMahon is qualified and has lead this police department for over a year. But I guess the unknown is better in yours and the councils opinion.
McMahon is not qualified because he is not a resident. The ordinance defines residence as "being domiciled within the City of Middletown and actually residing within the City, and this requirement is not met by maintaining a mailing address or post office box within the City". The milage on his car says he does way more than just occasionally visit his wife and kid. You and he need to stop trying to pretend he lives here. He doesn't. He goes HOME almost every night. He's not a resident, therefore, he's not qualified. Yes, the council has waived the requirement in the past. They didn't with him. No waiver, no director. That's the rule. Follow it. Simple.
Anon 7:20.
Follow the rules, but if you can't we'll change them for you.
Worst case of moving the goalpost ever.
The goalposts weren't moved, your guy didn't cross the goal line. He stopped at the 10 yard line and tried to pretend he was on the other side.
Touche´- a fencing metaphor.
I was actually using a soccer metaphor, but I'm not really good at sports clichés to begin with.
That being said, "your guys" didn't like seeing "my guy" at the ten yard line and called "game" and picked up the ball and went home.
Then they flattened every ball in the neighborhood for good measure.
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