Authority appeals rehire order
BUTLER TWP — The Butler County Housing and Redevelopment Authority does not want Perry O’Malley back as its executive director.
An appeal to the Pennsylvania Civil Service Commission’s decision to reinstate O’Malley was filed Tuesday in the Commonwealth Court and approved Friday at the authority’s meeting.
Also, in the case that he would return, the authority has approved changes to bylaws that restrict what O’Malley can do on the job.
“The board was disappointed with the Civil Service Commission’s adjudicate regarding Mr. O’Malley, and the board is confident in its initial decision to terminate Mr. O’Malley and stands by that decision,” said Andrew Menchyk, authority solicitor.
O’Malley’s attorney, Paul Mazeski said he is undecided on whether or not he will cross appeal.
O’Malley was fired by the authority in 2015 for allegedly abusing travel and sick time, using authority resources for private business and neglecting his duties, which resulted in financial instability, a failed project and poor employee morale.
O’Malley appealed the termination, citing age discrimination.
The Civil Service Commission ruled on July 26 that O’Malley should be reinstated, and also that he should be paid lost wages and have his seniority restored.
It also decided that a 30-day suspension be reflected on O’Malley’s record and that his back wages be reduced for that time.
O’Malley is on administrative leave, and the authority anticipates that he will return to work.
The authority amended its bylaws so that Edward Mauk, the chief executive officer, has supervision over the administration of the authority.
The bylaws now state that the executive director, which would be O’Malley, would report directly to Mauk on all matters.
Another bylaw change states that O’Malley would be required to resign from the Pennsylvania Affordable Housing Corporation, a nonprofit organization of which he served on the board.
Menchyk said, “The board believes that all of its actions that it has taken to date in regard to Mr. O’Malley in the operation and structure of the authority are in the best interest of the authority, and by extension the best interest of the county and the taxpayers of the county.”
Mazeski is most concerned with O’Malley being able to return to his former position.
“If he goes back, they need to put him in a same or similar position,” Mazeski said. “They’re the board. All he has is his right to a job.”
A description of the executive director’s duties also were passed Friday.
The authority said that the executive director will not have a company vehicle, a cell phone, an iPad, a laptop, a credit card or a master key to the authority offices.
He will be required to be in the office at least from 8:30 a.m. to 4:30 p.m. Monday through Friday with a one-hour lunch break between noon and 1 p.m.
He will not have signature authority, including authority as a contracting officer for the agency, and he won’t have a right to obligate the authority in any way without the written approval of the board or the chief executive officer.
He won’t be able to take personnel action or travel without the written approval of the board or the chief executive officer.
He’ll have to obtain written approval for requested leave in accordances with personnel policies of the authority.
He won’t be able to accept gifts of any kind as the executive director, and cannot have any media contact unless authorized by the board or chief executive officer.
His office will be next to the office of the human resource assistant.
If his personal affairs in any way use any vendor of the authority, he will have to report that relationship to the board or the chief executive officer in accordance with the conflict of interest policy of the authority.
Any outside employment, board memberships or officer positions held by the executive director must be disclosed to the board and approved in writing by the board.
He won’t be able to meet with outside vendors of the authority or potential vendors of the authority without notifying the board or chief executive officer and providing an opportunity for a board member and/or the chief executive officer to attend the meeting.
Menchyk said, “The board’s intent is to define the relations between the chief executive officer and the executive director.”
The board also amended its handbook to replace the term “executive director” throughout it with the term “chief executive officer.”
Mazeski said he has not yet seen the amendments to the handbook or the descriptions of the executive director’s duties.
“I think from our perspective it would be hard to come to any agreement or disagreement on that until we actually see what they’re talking about,” he said.
