Brooks questions director's contract

Date: 9/22/2009

By G. Michael Dobbs

Managing Editor



CHICOPEE -- A contract for the acting human resource director is the latest issue brought into the mayoral contest between incumbent Michael Bissonnette and his challenger City Council Vice President Shane Brooks.

Brooks released copes of the contract for Acting Human Resource Director Scott Szczebak's contract to the media last week with a number of questions. Brooks said, that while the contract is a legal and binding document, it was not approved by the City Council, which he said traditionally approves the contracts of a number of department heads.

Brooks charged the hiring of the former Bissonnette mayoral aide was a "sweetheart deal." He wondered if there had been other "back room" arrangements made without the city council's knowledge.

Brooks intends to call a meeting of the Finance Committee to discuss the contract and its implications.

In response, Bissonnette said, the City Charter is clear in that there is no rule about the making of contracts. The city's Law Department approved the contract, he added. The role the City Council has had, the mayor explained, is to approve the hiring of department heads.

Bissonnette said that Brooks is the only councilor to have complained about Szczebak and, considering his run for mayor the comments are "highly suspect." Bissonnette noted the Brooks had not commented on Szczebak's performance.

Although Szczebak was only supposed to fill the position for 60 days, he has been the acting department head for over a year. Bissonnette said a search for a permanent replacement -- Szczebak is not applying for the job -- is on going.

The first search yielded no qualified candidates, he explained. The second search committee found three candidates, all of whom Bissonnette interviewed. He offered the position to a candidate who turned down the city's offer, partially based on the salary. Szczebak is currently being paid $71,997.

Bissonnette said the search efforts would continue. The current arrangement of extending Szczebak's appointment has been approved by the city's Law Department and by the state's Department of Revenue, he said.

Bissonnette pointed out that extended temporary appointments are nothing new in the city. Mayor Joseph Chessey made Brian Salamon the acting head of the Purchasing Department in 1994. That temporary appointment was extended for nine years until Mayor Richard Kos made it permanent in 2003.

Bissonnette wondered why city councilors hadn't objected to that situation.

Brooks said his concerns about the contract and Szczebak's employment come more from his role as a city councilor than they do as a candidate for mayor. Bissonnette asked if that was the case, why was Brooks addressing the issue through the media instead of contacting him directly?

Brooks said his questions about the contract came out of discussions with City Councilor James Tillotson. Brooks then requested a copy of the contract.

The line item for Szczebak's salary was shorted in this year's city budget by the City Council, Brooks said. Instead of the $71,997, the budget was for $20,000. Brooks said that Bissonnette had announced he had reduced Szczebak's pay to $55,000 but the contract does not reflect that amount.

Brooks said he "can not over state" the importance of Bissonnette announcing a reduction in pay for a public employee, but then drafting a contract at a higher salary.

At the $55,000 rate, the budget would provide Szczebak with a salary through early November. If he were being paid at the contract rate, his pay would be exhausted in October. The contract is retroactive to July 1, 2008.

Brooks is concerned that Szczebak could sue the city for his unpaid salary and wondered where the city would obtain the money to pay Szczebak.

Bissonnette said he is certainly aware what the City Council did in cutting the salary appropriation and was planning to go back to the council for an additional appropriation. He said the primary reason for the city to offer Szczebak a retroactive contract was to make sure he received the vacation time and benefits he had earned.

Bissonnette explained there was no contract offered up-front for Szczebak because there had been no intention to keep him in the position this long.

"This is a pretty big deal. He [Bissonnette] has mislead the public and circumvented the board," Brooks charged.

Bissonnette said it is "interesting and suspicious" that Brooks would question a contract providing normal benefits and not whether or not Szczebak has been performing his duties adequately. He added that Brooks should direct this questions to the Law Department.