PRESQUE ISLE – City councilors absolved the Presque Isle Housing Authority’s board of commissioners of any wrongdoing after hosting a four-hour hearing Thursday night where they considered the removal of one or more commissioners.
The council cleared all three charges it set forth in November against the housing board – composed of Commissioners Nancy Fletcher, Cindy Flanagan, Dena Susee, Sarah Summerson, Martha Marston and Stewart Libby – saying that none of the commissioners’ actions rose to the level of inefficiency, misconduct or neglect of duty.
City officials held the hearing to investigate the board’s actions, including the hire in 2000 of Jeffrey A. Everett as their accountant. Everett, 43, was hired to fill the position two years after he was convicted of embezzlement and while his mother, Patty Everett, was the executive director of the housing authority. Jeffery Everett now serves as the authority’s accountant and executive director.
After hearing testimony from the six commissioners, councilors agreed that there was no willful intent to cover anything up or show favoritism. Voting unanimously, they indicated that the board’s conduct was appropriate and did not require the removal of any commissioners.
Councilors Eugene McLaughlin, Richard Benjamin, Calvin Hall, Ron McPherson and Robert Poeisz conducted the hearing. Councilor Don Gardner was unable to attend the hearing and Councilor Jennifer Trombley did not attend because of an employment conflict with the Presque Isle Housing Authority.
Before beginning the hearing, which commissioners requested be held in public session, Councilor Hall read a statement on behalf of the council explaining their reasons for hosting the proceeding.
This fall, after the city’s auditor raised concerns about Jeffrey Everett’s criminal background and position at the housing authority, councilors realized they had a duty to address the issue and investigate. Because of the complexity of state law related to the issue, however, Hall stated that “we were prevented from dealing directly with the commissioners individually or as a body without jeopardizing our right to conduct a hearing at some point in the future or jeopardizing the commissioners’ right to a fair hearing should we decide to proceed with the same.
“We are here tonight in the only forum through which we can finally ask our questions,” Hall said.
Following statements by City Solicitor Hugo Olore and the housing authority’s lawyer Hal Stewart, councilors began asking a long list of questions. Their main concerns centered on four issues: whether the housing board violated its nepotism policy by hiring Jeffrey Everett; whether they were required to seek external applications for the executive director position; whether Everett could fulfill all the requirements and needs of the position; and whether the board failed to give required public notice of some of its meetings.
Commissioners were adamant that they did not violate the authority’s nepotism policy in place at the time of Everett’s initial hire.
The policy stated that “the employment of more than one member of the same immediate family shall be avoided insofar as possible.” Aside from the fact that nepotism was not forbidden in the policy, they explained, their bookkeeper, Carol Soucie, had a heart attack and they were in an emergency situation to find a temporary, part-time replacement to meet federal requirements set forth by the U.S. Department of Housing and Urban Development.
Commissioners believe that the policy was also a nonissue because they had completed in October 2000 the final draft of a revised personnel policy, which included a major revision to the nepotism policy, rendering the old policy “effectively changed.” They said that the change was not made to accommodate Everett.
Everett initially was hired in November and the board adopted the revised personnel policy in December.
Commissioners said they were not required to seek external applications for the executive director position.
In March 2004, Everett’s mother took an extended medical leave and the board advertised internally to fill the position. The authority’s personnel policy allows it to post jobs internally first. The policy also states that vacancies for the executive director’s position will be filled by “accepting” internal and external applications.
“It doesn’t say we have to post externally, just accept external applications,” Nancy Fletcher said.
The board received four internal applications and hired Jeffrey Everett as executive director, citing him as the “most qualified and best candidate.”
Commissioners stated that Everett had met the requirements and needs of all positions he has held at the housing authority.
The board said it modified the executive director job description and put in place financial safeguards when Everett took the position, but did not do so officially until September 2004. The measures have not prevented Everett from meeting the requirements of his position, commissioners said. They said they did not alter or concoct the job just so Everett could take the position.
The board added that “bonding” Everett, or insuring him against employee theft, was not a requirement of the executive director position. The board subsequently bonded Everett under a federal program to reassure the public and ensure that some protection is in place besides Everett’s verbal bond.
Commissioners admitted they did not give the required public notice for some special meetings. They attributed this to inadvertent oversight or mistake. The board said it was “not very aware” of the posting process required by law for meetings at the time of Everett’s hire as executive director. Administration at the PIHA subsequently has reviewed instructional literature on the Freedom of Information Act, among other steps, to rectify the problem.
In deliberating the matter, Councilor McPherson asked, “What would a reasonable person do in that situation? I think, just what you did.”
Other councilors mentioned that some mistakes may have been made along the way, but acknowledged that commissioners did not have a person to guide them through some processes, such as the hiring of a new executive director, because the then-executive director was on medical leave. Councilors estimated the commissioners did what they thought was right and that the public could feel confident that everything had been done properly.
The council’s final decision on the matter drew scattered applause from those in attendance and commissioners smiled, hugged and shook hands once the meeting closed.
“We’re very happy,” Nancy Fletcher said, following the determination.
Everett declined to comment on the council’s decision.
The housing authority’s lawyer, Hal Stewart, made a comment on the board’s behalf. “We’re pleased. We’re very appreciative of their [the council’s] hard work and obviously feel they made the right decision.”
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