(PHOTO BY JESSIE DAVIS / THE VILLAGE REPORTER)
IN THE CROSSHAIRS … The Village of Delta (its administrative offices seen here) is facing potential legal action from former Village Administrator Andy Glenn after Glenn said in a letter from his attorney that the council did not follow proper procedures in terminating him and also damaged his ability to find future work in the public sector.
By: Jesse Davis
THE VILLAGE REPORTER
jesse@thevillagereporter.com
Former Delta Village Administrator Andy Glenn has threatened legal action against the village for terminating him, which he claims was due to his age.
According to a letter from Francis Landry of Wasserman, Bryan, Landry & Honold, LLP, Glenn is accusing the Delta Village Council of violating his contract when they fired him.
“This contract provides for termination by the Village upon 90 days written notice to Glenn. It is our understanding that this notice has not been provided,” the letter reads.
“Mr. Glenn contends that his termination was motivated by his age and as a result of his meeting with the state auditor on April 1, 2024 at which time he brought a number of issues to light including an issue involving income taxes not going to the water funds and improprieties over two properties.”
The letter, which Mayor Allen Naiber read following a 10-minute executive session on the matter during Monday’s council meeting, goes on to state that Glenn’s being denied an option for public hearing on the matter was a “violation of the Ohio Revised Code and his rights to due process.”
The settlement proposed in the letter includes payment of his salary from the date of his termination through the “standard termination date” of May 22, 2025, and his 14 percent Public Employee Retirement System contribution for 10 years, as well as $250,000 in damages “resulting from the defamatory nature of the proceedings against him which have severely damaged his career as a public servant.”
The letter is dated September 9, 2024, and indicates that Glenn will continue with legal action if he does not hear from the council within two weeks of that date.
No discussion of the letter was made during the council meeting – presumably having been discussed during the executive session which was held “for the purpose of a conference with the law director concerning disputes involving the public body that are subject of pending or imminent court action.”
Glenn was fired by the council following an executive session at the beginning of its May 20 meeting. Councilwoman Ashley Todd resigned later that meeting in response to the action, and new Recreation Committee Chair Angela Riley who accepted the position earlier in the meeting also stepped down before it was over.
“We did receive this from the mayor, we have forwarded it on to the village’s insurance carrier company for coverage determination, and once we hear back from that insurance carrier, we will keep council apprised of the situation,” Law Director Kevin Heban said.
He did not explain the purpose of the forwarding nor what he expected out of the insurance carrier in response to the demands.
According to Heban, a for-cause termination requires a hearing to determine whether cause exists. “In this situation and according to the contract, this was not a for-cause termination, it is an at-will termination,” he said, noting that Glenn was owed compensation “for a period of time, which he did receive.”
During the meeting in which he was terminated, Glenn confirmed with the council that he would be receiving 90 days of pay.
Councilman Robert Shirer asked Heban whether Glenn was given written notice of termination, to which he responded he could not confirm, that he would have to check with his office.
When asked if written notice was required, Heban again said he was unsure and would have to look at Glenn’s contract. Heban asked that a copy of the letter be placed in Glenn’s personnel file.
After a second, 40-minute executive session, Naiber reported that the village has received applications for a permanent replacement for Glenn and will be reaching out to them to schedule interviews.
At the meeting following Glenn’s termination, the council voted to hire Edward Ciecka as interim village administrator. At that time, Ciecka was adamant about the term “interim,” saying he had no interest in remaining in the position long term.
During Monday’s meeting, Ciecka reminded the council that he was leaving next Monday for his “fall extravaganza” and would be gone until October 5. Naiber is the fallback for staff in his absence, Ciecka pointed out.
OTHER BUSINESS
Naiber reported interviews for police chief will be held next week. The council approved on second reading a resolution authorizing the chief of police or the village administrator to sell surplus property through the GovDeals website, “including motor vehicles, road machinery, equipment, tools, or supplies that are not needed for public use, or are obsolete or unfit for the use of which they were acquired,” also authorizing them to establish any other terms or conditions of sale as they deem appropriate.
The council approved on second reading a resolution updating the village’s impound lot policy, changing the towing rate from $125 to instead conform to whatever the village is charged by the towing service.
The council approved on an emergency basis a resolution authorizing Ciecka to advertise for bids for collection of garbage and recycling in the village.
The council approved on an emergency basis a resolution restructuring the village’s water department to accept two employees who had been hired into a now-defunct “distribution department” in order to take the financial burden off of the wastewater department. While their schedules will change as a result, their compensation will be unaffected according to Ciecka.
The next regular meeting of the Delta Village Council will be held at 5:30 p.m. on Monday, October 7, at 401 Main Street in Delta.