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Fired official wins ruling

Board orders reinstatement

The Butler County Housing and Redevelopment Authority may appeal a Pennsylvania Civil Service Commission decision to reinstate the authority’s fired executive director.

Authority attorney Andrew Menchyk said the order to rehire Perry O’Malley could be appealed to state Commonwealth Court.

“The board is considering all legal actions,” Menchyk said.

The commission on Tuesday issued its decision stating there was insufficient justification for O’Malley’s March 2015 dismissal.

According to the commission adjudication, “The appointing authorities have not presented evidence establishing just cause for removal.”

Menchyk said the board stands by its decision.

“Obviously the board is disappointed in the decision,” Menchyk said. “The board remains confident in its decision to terminate Mr. O’Malley’s employment.”

The commission ordered the authority to pay O’Malley his lost wages and have his seniority restored. He was hired by the housing authority in 1992 and subsequently reactivated the redevelopment authority, which had ceased operations in the 1980s.

Although there are two authorities, they have the same board and administration.

But the commission did determine there was cause for a 30-day suspension, so the back wages and seniority would be reduced by that time frame.

O’Malley and his attorney, Paul Mezeski, could not be reached for comment.

The authority board fired O’Malley for alleged abuse of travel and sick time, use of authority resources for private business and neglect of his duties, which resulted in financial instability, a failed project and poor employee morale.

O’Malley, who was in his mid-60s then, appealed the termination, citing age discrimination. Five days of civil service hearings were held between Sept. 9 and Nov. 17, 2015.

The commission determined the most serious allegations — O’Malley’s private business endeavors were a conflict of interest, he abused travel and travel expenses, and a neglect of duties left uncollectible debts and a failed project — were not substantiated.

However, the commission ruled a suspension was justified due to O’Malley’s personal use of resources and abuse of sick time violated the employee handbook as well as his time out of the office had a negative impact on his subordinates’ job performance.

Conversely, the commission also found O’Malley had a positive impact on housing, rising from roughly 800 units to 2,500 units, and the budget, which increased from $4 million to $15 million.

The last employee performance review for O’Malley, which was rated “outstanding,” also was cited.

His claim of discrimination, though, was deemed unsubstantiated, since it was only inferred.

Menchyk said he could not comment on whether O’Malley would be reinstated while a possible appeal would be under way.

O’Malley’s role upon reinstatement is unclear since the authority post of chief executive officer, which is currently filled by Edward Mauk, was created in late 2015.

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