Authority exec wants his job back
The recently-fired executive director of the county housing authority claims he was fired because of his age and political affiliations. Now he wants his former job back.
Perry O’Malley, 65, makes those claims in his appeal to the state Civil Service Commission.
The Housing and Redevelopment Authority of Butler County on March 13 fired O’Malley, accusing him of using authority resources for personal and private business endeavors that are a conflict of interest to the authority.
The authority has not specified the exact allegations against O’Malley, but claimed he also abused authority travel time, travel expenses and leave time, and neglected his duties, resulting in financial instability, failed projects and poor employee morale.
O’Malley denied the authority’s allegations in his appeal request to the Civil Service Commission, saying he had no prior disciplinary action in his 23 years with the authority.
“My removal was not based upon job performance or failure to comply with stated policies but instead was a politically motivated act of discrimination based upon my age and political views,” O’Malley said in his appeal.
The commission in Harrisburg on Wednesday granted O’Malley a hearing for his appeal, which likely will be in Pittsburgh. A date of that hearing has not been set.
O’Malley is seeking retraction of the termination and reinstatement as executive director at the same wage, benefits and seniority, as well as expungement of all records related to the firing.
O’Malley earned more than $128,000 annually as executive director.
Andrew Menchyk, solicitor for the authority, declined to comment on O’Malley’s claims in the appeal, saying it is a litigation matter.
“What I can say is the authority will zealously defend the termination during the appeal,” Menchyk said, adding the authority has and will continue to follow all proper procedures with the firing.
O’Malley also declined to comment further at this time.
O’Malley in his appeal said he believes he was discriminated against due to “statements and baseless accusations” made to him by attorney Neva Stanger in the presence of Jerry Andree, an authority board member.
Stanger was hired by the authority to investigate allegations against O’Malley.
Menchyk said in O’Malley’s termination notice that the board placed O’Malley on leave Jan. 15 to “investigate complaints sounding in neglect of duties, misuse and abuse of public funds, and potential fraud.”
The letter said O’Malley was given the opportunity to participate in the investigation, but declined the offer through his former legal counsel, Frank J. Ruggiero.
O’Malley said in his appeal he was not given the opportunity to defend himself against the allegations.
He claimed he was put on paid administrative leave without prior notice or any details as to the basis for the action.
“Despite multiple requests for details and documents regarding the allegations against me, I was never provided such information,” O’Malley said in the appeal.
He said he was denied the ability to access his own records to mount a defense.
“I was not given an opportunity to participate in the investigation in any meaningful way because no specific charges were made and the Housing Authority, as of the present time, still maintains in its possession numerous personal records of mine that are necessary to respond to claims of neglect of duties, abuse of leave and the like,” O’Malley said.
The authority on March 9 had a pre-disciplinary conference in which O’Malley and his current legal counsel attended, according to his termination letter.
Menchyk said in that termination letter that O’Malley was provided with numerous examples of the conduct leading to his termination and was given the opportunity to respond.
O’Malley denied that claim.
Either one of the state commission’s three commissioners or a hearing officer will oversee the public hearing, in which O’Malley and the authority will have a chance to defend their arguments on his termination.
The state’s commissioners would then rule on the appeal at a later meeting. The state tries to reach rulings within 90 days of the hearing.
The authority is beginning a nationwide search to find O’Malley’s replacement. It expects to hire a replacement by the end of summer.
Michael McNierney, the executive director of the housing authority in Erie County, is the interim executive director in Butler County.
