Mayor, councilors settle contract controversy

Date: 9/29/2009

By G. Michael Dobbs

Managing Editor



CHICOPEE -- There were smiles all around -- of sorts -- by the end of the hour-plus meeting of the City Council Finance Sub-Committee on the contract for Acting Human Resources Director Scott Szczebak.

City Council Vice President Shane Brooks called the meeting "a win for taxpayers." Brooks brought up the issue of the contract that listed a salary with a retroactive agreement that he believed could land the city in litigation. Brooks is challenging Mayor Michael Bissonnette in the November election.

Brooks charged Bissonnette had "flip-flopped" on the issue.

Bissonnette told an almost complete City Council the contract was "in artfully drawn" and apologized for it. Later, he chalked up much of the controversy to the election.

"Of course it's politics," Bissonnette said after the meeting. He called this time of year "silly season."

The contract in question listed Szczebak's salary at $71,997 despite a reduction to $55,000 and an allocation of only $20,000 in the city budget. It had a retroactive clause to July 1, 2008 that would have paid Szczebak back wages. Brooks questioned if this retroactive provision would allow Szczebak to sue the city for back pay and where that funding would come from since it was not allocated in the budget.

Brooks also wondered why the City Council had not been notified of the contract.

The council was told city officials are currently completing a new contract for Szczebak that would specify his pay at the $55,000 and would pay him a lump sum in lieu of vacation and sick leave benefits. Bissonnette said he is meeting with a potential candidate for the fulltime position and Szczebak would end his time as the temporary director in November.

The mayor explained his motivation in offering Szczebak a contract was to assure a city employee who had been on the job for a year would receive benefits.

Councilors listened to City Solicitor Susan Philips explained the undated contract for Szczebak had features that caused questions for her. She said she had been on vacation when it was written and approved by another member of the Law Department.

She said the contract was "missing some essential elements" and was ambiguous in some places.

She confirmed the mayor could enter into contracts and the City Council made the appropriations to fulfill those contracts. While the contract was valid, it had been put on hold, she explained.

"I do agree with Mr. Brooks on one point: I should have told you [about the contract]," Bissonnette said. "I apologize."

"Communication is the biggest problem we have," City Councilor James Tillotson said.

The questioning between councilors and the mayor was sometime heated. At one point Tillotson warned Bissonnette of "talking down to us."

"We're an equal branch of government," Tillotson reminded the mayor.

When Bissonnette asked if any one had issues with Szczebak's performance, Brooks charged the attorney wasn't qualified.

"You can give a man a hammer, but that doesn't make him a carpenter," Brooks said. He added that Bissonnette was "so condescending it's almost amusing."

"Well, keep laughing," Bissonnette shot back.

Phillips had to stop further discussion of Szczebak's qualifications and performance as it violated state law and would require an executive session.

Bissonnette promised the councilors he would give them a copy of the new contract.