Woodstock maintenance laborer and Level 3 sex offender Michael Innello is back on the job days after being taken off the county civil service roster, much to the surprise of the town board.
Supervisor Bill McKenna, without the town board’s knowledge, reinstated Innello after the union filed a grievance. The union, Communications Workers of America Local 1120, argued the reason for Innello’s termination was invalid.
“We do not believe there has been any performance or conduct issue with Michael,” CWA business agent Mike Lutfring wrote in his grievance request. The union further argued the town board did not bargain in good faith and violated the terms of the contract when it voted 3-0 to terminate Innello.
McKenna, in an email to Lutfring, said the section of the contract handling failure to successfully complete the probationary period gives employees protection from arbitrary and capricious termination and that there must be an issue with performance or conduct.
McKenna agreed to reinstate Innello retroactively to August 5, the day before council members Anula Courtis and Bennet Ratcliff filed paperwork with the Ulster County Personnel Department to remove him from the roster. He will also be paid for any time missed, according to McKenna.
In an email, McKenna chastised the personnel department for completing paperwork for what he called Innello’s wrongful termination.
“It does concern me that the county would be so quick to act without contacting all involved parties. Did the individuals who filed the paperwork explain that is a contract in place giving the employee certain rights,” he wrote.
“While three Councilpersons voted for the termination, they did not follow agreed upon terms of the contract. This makes the resolution invalid. Had the three individuals voted to have me shoot someone on the Village Green, I would not be obligated to follow through as it is illegal. The same applies here. The Board has potentially violated Michael Innello’s civil rights. You have potentially implicated the County.”
McKenna defended his actions.
“I was disappointed that maybe I had misjudged my community, but I don’t believe I did. And I believe that the community, by and large, is understanding of this and is supportive of second chances,” McKenna said.
“He’s not the monster people have made him out to be and it is a little disappointing that Woodstock’s leadership has chosen to inflate the issue instead of lower the heat,” he said.
McKenna expressed disappointment because he thought the board had an agreement to go to arbitration.
“The next thing, without even contacting me, I heard through the grapevine that they had dismissed him. So I did the same thing,” he said, referring to filing the civil service change form that is used to either terminate or appoint an employee.
“I know that I saved the town some grief in the potential lawsuit, because the firing was inappropriate. There was no basis for it.”
Council members Anula Courtis and Bennet Ratcliff said they were unaware of the reinstatement. Ratcliff questioned how McKenna was able to put Innello back on the payroll without town board approval.
“Bill McKenna acted unilaterally and did not inform the board when he reinstated Michael Innello to the Woodstock town employees roster,” Ratcliff said.
“I believe that this is an unsafe situation and that the supervisor may in fact be acting illegally.”
The town board approved Innello as a part-time laborer in March, then promoted him to full-time in June on McKenna’s recommendation. The board soon learned McKenna had withheld his criminal record and Level 3 sex offender status. Courtis, Ratcliff and Maria-Elena Conte voted to rescind his employment at a July 22 meeting, a vote that McKenna has insisted was illegal. McKenna refused to file the civil service paperwork for termination, so Courtis and Ratcliff hand-delivered it on August 4.
This is a developing story.
Join the family! 
