Protesting public demands answers from city officials (April 10, 2009)

By Nate Jones

Staff Writer 

Despite torrential downpours on Monday, more than two dozen South Portland residents stood in protest on the front steps of city hall an hour before the city council meeting. 

Many in the crowd were toting signs wrapped in plastic that read “Shame on you Dana,” “You’re fired now get out,” “What does Deb Smith’s letter say?” “Accountability” and “Transparency.”

Resident Vicky Smith told councilors the demonstration reflected the community’s disapproval of City Manager Jim Gailey’s decision last month to lay off five city employees, including former Community Center Operations Manager Deb Smith.

“I took it personally that this action was taken on my behalf,” resident Anton Hoecker said. “You broke our hearts.”

Many residents spoke positively about the city employees who were laid off without notice and questioned how they were selected to be laid off. Others questioned Parks, Recreation and Public Works Director Dana Anderson’s involvement in the layoff process and his ability to manage multiple departments at once.

“A lot of people think this was a selection of people, not positions,” resident Paul Bartlett said.

Anderson previously said he agreed with Gailey that the layoffs were focused on decreasing next year’s budget and said he was confident the department could absorb duties of the five terminated positions.

“The intent is to be more efficient in what we do,” he said. “I’m very proud of the way I manage – we were all asked to trim our budgets and its people. Nickels and dimes are over.”

Former city legal counsel Mary Kahl said she disagreed with the council’s recent position that city staffing decisions fall solely on the city manager’s shoulders. According the city charter, “layoffs are different,” she said Monday.

“The charter prevents the council’s micro-management of the department,” she said. “All decisions regarding fiscal affairs lie with the city council. The buck stops with you. I urge the council to do its duty to the taxpayers and provide answers.”

 While many echoed Kahl’s desire for public knowledge of the process in which the layoffs occurred, none mentioned a report Smith filed with the city March 3. Since her termination, Smith has expressed concern that her job was eliminated due to a disagreement between she and Anderson in December. 

“The layoffs were purely financially driven. You can take that to the bank,” Anderson said. “A lot of people are trying to find the story that isn’t a story. I feel very sad for the people that ended up in this wave. It hurts me – I don’t believe I’m being the person that’s being portrayed. I’m not Darth Vader.”

On March 30, Gailey refused to provide Smith’s report despite a Freedom of Information Act Request filed by the Sentry. Gailey cited state statute that dictates records concerning medical, performance evaluation or “information pertaining to the personal history, general character or conduct of members of an employee’s immediate family” must be kept confidential.

“Note that I have reviewed Deb Smith’s statement of concerns and am in the process of engaging a third party to conduct an independent review of her concerns,” Gailey wrote, rejecting the request.

A third party review is exactly what Planning Board Member Don Russell and former City Councilor Rosemarie DeAngelis said it will take to satisfy the public’s concern about the layoffs. At Monday’s meeting, both offered assistance to the city at no charge.

“I don’t see how we can get around this without some type of independent review,” Russell said. “There is nothing more important than public transparency. I offer my services and in the interest of transparency I will leave my position on the planning board to settle it. I think this issue is that important.”

Gailey said the city was working on a statement regarding the layoff situation and he expected it to be released this week.

 

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