LAWRENCE - Mayor Michael Sullivan could face another showdown with the City Council by placing job restrictions on previously suspended Department of Public Works Director Frank McCann.
Sullivan last month ordered the DPW chief to get written approval from a special oversight team before spending any capital improvement money.
But that requirement and other restrictions placed on McCann violates the city charter, according to City Attorney Charles Boddy.
"The reassignment of the authority of the Director of Public Works to organize his department's personnel and to spend City funds and capital improvement funds does constitute a reorganization of the Department of Public Works, which requires City Council approval under Section 6.4(d) of the Lawrence City Charter," Boddy concluded in his opinion.
Boddy wrote the opinion in response to a request by City Council President Patrick Blanchette, who questioned Sullivan's authority to create the special oversight board last month.
Haverhill attorney Scott Gleason, who represents McCann, also questioned whether the board set up by Sullivan usurped the City Council's powers while placing unreasonable restrictions on McCann.
The team set up by the mayor included Personnel Director Frank Bonet, comptroller David Camasso, Facilities Manager for the Public Schools Kevin McCarthy and the future budget and finance director.
Sullivan had said he created the team in response to recommendations by state Inspector General Gregory Sullivan, who had written a report highly critical of the city's lack of internal fiscal controls, particularly as it related to a DPW road project. The inspector general called on the mayor to establish some controls. The mayor said the purpose of the board was to monitor McCann's activities, establish disciplinary sanctions and "impose reasonable penalties for any misuse of city funds and/or procedures under the Department of Public Works."
Attempts yesterday to reach the mayor for comment on Boddy's opinion were unsuccessful.
"I feel comfortable that once the mayor reads the opinion, he will understand that it does violate the charter and I'm sure he will rescind the idea of such," Blanchette said last night.
"If the mayor continues to move forward with it, then I will pursue an oversight committee for every department within City Hall to make sure we are treating all departments equally," Blanchette said.
Sullivan last month ordered the DPW chief to get written approval from a special oversight team before spending any capital improvement money.
But that requirement and other restrictions placed on McCann violates the city charter, according to City Attorney Charles Boddy.
"The reassignment of the authority of the Director of Public Works to organize his department's personnel and to spend City funds and capital improvement funds does constitute a reorganization of the Department of Public Works, which requires City Council approval under Section 6.4(d) of the Lawrence City Charter," Boddy concluded in his opinion.
Boddy wrote the opinion in response to a request by City Council President Patrick Blanchette, who questioned Sullivan's authority to create the special oversight board last month.
Haverhill attorney Scott Gleason, who represents McCann, also questioned whether the board set up by Sullivan usurped the City Council's powers while placing unreasonable restrictions on McCann.
The team set up by the mayor included Personnel Director Frank Bonet, comptroller David Camasso, Facilities Manager for the Public Schools Kevin McCarthy and the future budget and finance director.
Sullivan had said he created the team in response to recommendations by state Inspector General Gregory Sullivan, who had written a report highly critical of the city's lack of internal fiscal controls, particularly as it related to a DPW road project. The inspector general called on the mayor to establish some controls. The mayor said the purpose of the board was to monitor McCann's activities, establish disciplinary sanctions and "impose reasonable penalties for any misuse of city funds and/or procedures under the Department of Public Works."
Attempts yesterday to reach the mayor for comment on Boddy's opinion were unsuccessful.
"I feel comfortable that once the mayor reads the opinion, he will understand that it does violate the charter and I'm sure he will rescind the idea of such," Blanchette said last night.
"If the mayor continues to move forward with it, then I will pursue an oversight committee for every department within City Hall to make sure we are treating all departments equally," Blanchette said.
"The mayor based this oversight committee on the IG report. However, it's important to point out that the IG report never suggested that the DPW and only the DPW have an oversight committee, but rather there be some oversight on the capital program. So, I hope and trust Mayor Sullivan will follow the charter on this one and rethink this oversight committee," Blanchette said.
McCann, 57, of Haverhill had been on administrative leave for about 14 weeks, until the mayor reinstated him last month after coming under heavy criticism from the council - which wrote four letters to Sullivan asking that he either fire the popular DPW director or return him to his $104,000-a-year job.
The mayor suspended McCann in February for alleged mismanagement of the department, including several unauthorized cost overruns on road and fiber-optic projects totaling close to $1 million. Sullivan also cited his "inappropriate relationship" with a subordinate and violation of hiring policies. McCann was originally suspended without pay, but that was restored two weeks later.
Convinced that he lacked council support to fire McCann, the mayor ordered him back to duty - but with conditions that subject the 35-year veteran city employee to rigorous scrutiny.
Blanchette suggested in his letter to Boddy that the mayor's oversight team and restrictions constituted an attempt to reorganize the DPW - a move that required council approval.
Boddy agreed and noted in his opinion that the capital improvement plan was adopted by the City Council.
"Accordingly, requiring the Director of Public Works to obtain permission of the Oversight Team before spending any capital improvement money violates Section 3 of the Administrative Code, which states that the director is responsible for 'public works related activities as may from time to time be assigned to a department of public works by a vote of the City Council," Boddy wrote.
