By Jack Bredin, reporter/researcher and Paul Goldfinger, Editor at Blogfinger.net
Once again a “packed house” of senior citizens showed up at the Township Committee meeting (April 23, 2018) to dispute the forced sidelining of the Director of the Senior Center— Brian Butch. The matter was not on the published agenda, but it certainly was the elephant in the room.
The issue first surfaced in March, and the seniors were upset because their beloved Director was forced out on March 13, being placed on paid administrative leave of absence, and the Township refused to explain why the action was taken. An interim paid director was appointed. The seniors suspected foul play and demanded an explanation and restoration of the Director to his job. Their request was ignored.
The Township said that it could not reveal the reason for the dismissal because there was possible “litigation.”
Before last night’s Committee meeting, Mayor Williams and two fellow Committeemen (Lane and Brantley) went into a private “executive session” where they drafted a new resolution (#18-170) that was not on the agenda. The resolution had to do with the Butch matter.
When the three emerged for the regular 7 pm meeting, the Township Clerk read the new surprise resolution aloud, officially placing it on the agenda. There was some concern about this procedure, but, in an interview today, Mayor Williams was confident in saying that this mechanism was legal and fairly routine in other towns as well.
Resolution #18-170 is entitled “Authorize the Township of Neptune to Finalize Discipline and Terminate Employment of Brian Butch.”
The Resolution says that the Township’s Labor Counsel conducted an “Administrative Review” in February of the internal operations of the Township’s Senior Center “as it pertains to general compliance with labor and employment laws, and he found that Butch was in violation of the Township’s Employee Handbook.”
In other words, Butch was fired last night because of the” violations noted” in the Counsel’s report.
The Mayor made a “statement” about the matter. He said that Butch did well with the “retail component of his job, ie events, activities education and compassion,” but his providing of a “competent and caring staff along with a smooth and seamless operation was being neglected.”
Williams concluded by saying, “We reviewed all our options and listened to our professionals and have come to the conclusion that the Senior Center requires a new executive director to adequately accomplish both components of the Center, and that search will start immediately.”
The Mayor wanted those present to know that the decision to terminate Butch “did not happen overnight” and was made after considerable time for study and consultations.
The resolution was approved by the three Committeemen in attendance and by Committeewoman Carol Rizzo who voted by phone. Committeeman Kevin McMillan was absent. Rizzo and Lane prefaced their votes by saying , “With a heavy heart…” Was this language scripted? Was the resolution planned far in advance for them, but with no advance notice for the public?
The vote was taken before the public was able to grasp and vet the new and startling resolution which was unexpected and which was read to them. No one in the audience had received a copy of the resolution in writing, so they had no chance to study it; many in the room had trouble hearing it being read and were not sure of its content.
So the vote to fire Butch was a rush job. Was it done that way so that they could stop paying Butch and start searching for his replacement as soon as possible?
The Mayor would not release the 42 page Administrative Review report. He said that he could not because Butch had “lawyered up,” and thus the Township expected litigation to be initiated by Butch. What happens next? Who knows?
THE BEATLES:
Millie Stires, only a lawyer can give you a legal opinion, but Neptune Township does not practice representative democracy; the Committee acts more like a socialist republic.
Why is a town council member (Carol Rizzo) allowed to cast a vote by phone? I would hope that this would be against the legal procedure of a governing body. Can anyone please clarify if this was legal?