Common Council Calls Special Meeting to Deal With Demands to Release Confidential Information

Common Council members thought they had the problem solved, but evidently, they didn't.

The Council has called a Special Meeting on Thursday October 18, 6PM in Council chambers to consider the mayor's directive to release confidential information pertaining to an investigation into his office and into the office of the city attorney.  Those opposed to the release of the information claim that releasing the information would allow those who issued complaints to be identified, and therefore be subject to retaliation.

The mayor, and Common Council member Gerry Daley have declared that they require the information to determine how city money was spent during the investigation.

"It's not about how the money was spent," according to Geen Thazhampallath, City Parking Director, and president of the union which represents city employees who have been ordered to release confidential information.  "It's about getting the names of those people.  There are ways to solve this, to find out the financial information without exposing the names of people who filed complaints, but the mayor has chosen the most volatile, hurtful way to do this."

At the meeting Common Council members will consider the looming deadline for releasing the information (Friday October 19).  They will also consider the mayor's claim that the Clerk of the Common Council reports to him, and not to the Common Council, as has been the previous practice.

At a regularly-scheduled meeting of the Council on September 4, the Council, reacting to resolutions sponsored by Council member Gerry Daley, voted resoundingly to keep confidential all information that might identify the 23 employees who lodged complaints against the mayor's and the city attorney's offices.

Despite that vote, and acting against precedence that dictates that individual Common Council members accept the will of the majority in a formal vote, Daley quickly filed sweeping FOI (Freedom of Information) requests for any and all information pertaining to the investigation of discrimination and harassment filed against the mayor and the city attorney's office.

In addition, the mayor filed his own set of FOI requests directed at Common Council members Mary Bartolotta (Deputy Majority Leader) and Seb Giuliano (Minority Leader), both of whom were on the committee appointed to investigate the mayor.  In addition, the mayor has hired attorneys (Bill Connon and Mark Sommaruga of Pullman and Comley to "provide legal advice related to these requests."

The mayor directed the Town Clerk Ashley Flynn, the Clerk of the Common Council, Linda Reed and IT Director Bryan Skowera to produce all applicable documents to the legal team, and that failure to do so would be considered insubordinate.  Insubordination is one of the few charges that can be leveled against an employee that would result in dismissal.

"The Council has voted twice to keep this information confidential," according to Republican Council member Phil Pessina.  "With him (Daley) pressing this full request after the Council vote, it's disrespectful.  We're spending time and money on the continued requests to get this information when we have more important things to consider.  It just doesn't look good, and the public is watching."

"I don't think we should be constantly looking at ways to have this information released," said Democratic Council member Rob Blanchard.  "There's so much grey area we now have to consider - how does attorney/client privilege apply, what can be sought under FOI regulations, who's the attorney and who's the client, and now, who does the Council clerk report to."

"This is a black eye for the city," said Common Council member Deb Kleckowski.  "Not one, not two, but twenty-three people came forward with similar complaints.  They came to forward thinking it was confidential, and we should not release any information on them."

Giuliano, who is also concerned about the release of confidential information, is as concerned about the mayor's perceived attempt to usurp authority over the Clerk of the Common Council.  The clerk is part of the city's collective bargaining unit, and as such, reports to the mayor, but since the first full-time clerk was hired, clerks have always reported directly to the Common Council.

"No one's ever interpreted the situation this way," Giuliano said.  "No mayor has ever put the Council Clerk in the position she's (Linda Reed) in, attempting to serve two masters."

The council members who spoke to the Eye were not sure if they would be able to prevent Reed's dismissal if she refuses to provide documents to the attorneys hired to survey the documents.

"It's just an untenable situation if the clerk can be directed by the mayor to do this at the expense of her obligations to the Council," Giuliano said.  "If that's the case, then all bets are off."

Deputy Majority Leader Mary Bartolotta called the special meeting because of her concern about the release of confidential information, and the affect it would have on employees who were interviewed.

"The city council must do everything we can to defend the 23 individuals," Bartolotta said.  "I cannot image the stress they are feeling, and I will do my best to protect them."