Town Attorney Kyle Barnett advised the Town Board that Supervisor Bill McKenna overstepped his authority when he rehired Level 3 sex offender Michael Innello to his maintenance department job.
This Sept 4 email communication came to light a day after Ulster County District Attorney Emmanuel Nneji told the audience in a packed Town Board meeting their concerns were out of his purview but answers could come from the town attorney.
“Under New York law, the authority to hire and fire town employees typically resides with the town board, not the town supervisor, unless explicitly delegated,” Barnett wrote.
NYS Town Law states all town officers and employees, except those otherwise provided by law, are appointed by the town board.
“The court held that even if a town board delegates its authority over personnel matters to a town supervisor, such delegation is invalid unless the board establishes a clear standard of policy to guide the supervisor’s actions,” Barnett wrote, citing Paladino v. Town of Harrison.
“A town supervisor does not have the authority to override a town board resolution to terminate an employee, even if the supervisor believes the termination violates civil service laws or a collective bargaining contract.”
McKenna said he has opinions to back him up, but releasing them would be a violation of attorney-client privilege. He accused council member Bennet Ratcliff of breaking privilege when he read Barnett’s email to reporters and said he is “cherry picking” opinions.
“I am comfortable with my position here,” McKenna said.
“The board has all the information. They have not been honest with the public,” he said.
“It’s my request we release all the information. That has to come from the board.”
Barnett wrote the supervisor’s powers are limited in this case, and if he believes the July 22 resolution to terminate Innello is illegal, his recourse is to seek judicial relief through an Article 78 proceeding.
When asked by town board members if the July 22 resolution is enforceable, Barnett wrote it is up to a court.
“If there are legality issues, there may be other liability concerns. I strongly suggest that a Town Board consult with labor counsel before making the decision to terminate a non-probationary employee given the protections provided by Civil Service and Union contracts,” he wrote.
Council member and presumptive Supervisor-elect Anula Courtis said she has since learned the resolution is enforceable, but McKenna may have given Innello a legal edge by letting him make it through his union probationary period. It is now much more difficult to terminate him. He must be found guilty of gross misconduct while on the job or other egregious behavior.
“Now it is complicated,” Courtis said.
“We are waiting for more information.”
The July 22 resolution came after the town board learned of Innello’s criminal history and sex offender status and that McKenna knew but did not reveal it to the board.
“The board has been quick to point out I lied to them. I didn’t lie to them,” said McKenna, who added he simply left out details he didn’t think were pertinent to job performance. He accused Courtis and Ratcliff of lying about who has access to the town attorney.
“They lied to the public by omission. That is a blatant misrepresentation of the truth. They let the public think that I’m the only one with access,” McKenna said, adding the town board has access and he has the payment vouchers to prove it.
Courtis, in fact, led the charge in communicating with the town’s attorneys from the beginning, he said.
McKenna alleges Courtis purposely used an incorrect email address so he was excluded from those conversations with town attorneys, an accusation she denies.
Courtis believes all the pushback and accusations are a distraction from a failure of leadership.
“The Supervisor is creating smoke and mirrors, an attempt to distract from his failure to run the Town responsibly,” Courtis said.
“Instead of collaborating during this transition, he has tried to sabotage my tenure by creating illegal budget freezes, blocking access to professionals, and even threatening to withhold funds and programs from children and families who had paid the town. He has gone after some of our most vulnerable residents, attempted to withhold escrow money, and repeatedly exceeded his authority in town business,” she added.
“At meetings, he talks over people, shows no civility or respect, and his behavior is frankly troubling.”
Courtis said McKenna is accustomed to having unquestioned, unilateral authority and is unfamiliar with the concept of accountability.
“But his poor decisions, conflicts of interest and unprofessional behavior are coming to light as his time in office winds down. Bill has evaded even the most basic oversight and scrutiny for years. It’s time for that opaque dynamic to change.”
McKenna had declared the July 22 resolution illegal and refused to file the civil service termination paperwork. Instead Courtis and council member Bennet Ratcliff hand-delivered the form to the county Personnel Department, which removed Innello from the roster August 4. McKenna followed suit and filed the same form placing Innello back on the roster August 8. He returned to work August 13.
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