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NEGAUNEE -- The Negaunee City Council Wednesday in special session voted 5-2 in favor of following City Manager Nate Heffron's recommendation to terminate City Treasurer Brian Downing.
Heffron recommended Downing be fired based on a failure to show up to work, as well as for insubordination. According to the city charter, the city treasurer is hired and removed by the city manager, but only subject to council approval.
Downing claims that both the leave and the insubordination were connected to his belief that Heffron had been committing fraud.
"Last December, the United States Department of Agriculture asked me for an investigative report into (Heffron's) fraud, that I alleged," said Downing in public comment at the beginning of the meeting. "So I conducted my report, went back a few years .... I'm not gonna give you that report, because in short order the USDA thought that (it) should be in the hands of the Federal Bureau of Investigation."
Downing said that the report to the FBI was filed 10 months ago.
"I called (the FBI) last week, said 'Hey, can you tell me if you're investigating Nate (Heffron) or not?' They can't confirm or deny such a thing. They're the FBI, after all. They're pretty busy. They did say they had my report. Maybe counsel can call and ask for the copy. But I'm not gonna give it to you."
Downing had the option of holding the meeting as a closed session, but made the decision to hold it in open session instead.
"Mr. Downing took quite a bit of time off in the last year," said the City Attorney. "He has no additional time to take off, it's as simple as that. He used his paid time off, his unpaid time off, his Family Medical Leave Act. And as of Sept. 16, he had no additional time to take. Sept. 17, he doesn't show up to work.
"…The other issue is the insubordination issue, where Mr. Downing attempted to issue a press release on behalf of the City of Negaunee that said Nate Heffron is no longer the City Manager of the City of Negaunee. That's inaccurate."
The press release in question seems to have been circulated internally, as well as sent to Walt Lindala of MediaBrew Communications.
"I was contacted by (Lindala) after ... your press release," said City Mayor Craig Ilmonen. "…The handwritten press release does read: 'Press release, City Treasurer, Negaunee. I declare Nate Heffron is no longer the City Manager of Negaunee. Thank you for your attention to this matter.' With your signature."
Downing made a similar statement in an interview with My Up Now in an Oct. 15 article, saying "I don't recognize Nate Heffron's authority anymore." That statement was also used as evidence of insubordination during the meeting.
"Without going into too much detail, Mr. Downing was dealing with a personal issue ... that required immediate attention," said Rick Edward, Downing's AFSCME Union Representative. "…One thing I ask the council to consider ... Was Brian ever notified how much time he had left as far as FMLA time? I have seen no record of it.
"…To address the second issue ... the attempted press release, according to Mr. Downing, he issued that in his personal capacity as a citizen of Negaunee."
Edward also asked the council to delay the vote until after Downing received an independent investigation.
City council members then had the opportunity to ask questions of Downing, Heffron, Edward and the city attorney.
Councilmember Amanda Ghanavati asked about Downing's job performance when he was at work, to which Heffron replied that his work had been satisfactory.
Downing explained that at least some of the FMLA time he took off had to do with "bullying" in the workplace. "I was under a lot of stress," said Downing. "I think you can realize that now, that I don't like working for (Heffron) ... I'm the treasurer, We're not supposed to lose money under my watch for no good reason. And (Heffron) is no good reason ... I have a problem working under (Heffron). It is an extraordinary problem."
Council members made repeated requests to see any evidence of Heffron's alleged fraud, to which Downing would reply that he could not provide the report, because "a proper investigation finds out who's complicit."
"If we do have somebody coming forth with these allegations during this type of meeting, I just fear that our act of rushing forward with termination, regardless of the veracity of claims on either side, could be premature," said Councilmember Jeff Plummer.
The issue of progressive discipline was also brought up, with Edward claiming that the only progressive discipline Downing received before termination was an oral reprimand about "leaving a door unlocked in an office."
When asked if Downing would recognize Heffron as his boss if reinstated, Downing replied "My recommendation would be to put (Heffron) on administrative leave pending an investigation. And then I can do my job just fine." Later, he amended that statement to say that he would do anything Heffron requested of him so long as it was a legal request and within his charter requirements.
"You're a great guy," said Councilmember Tracy Dietz, speaking to Downing. "I know you. You work in the fire department. This is your livelihood. And we're going off the facts. I haven't really seen anything that really says that (Downing), when he's at work, that he's doing a bad job."
Ghanavati made a motion to reinstate Downing to his position as of 8 a.m. Thursday. After discussion with the city attorney, she amended the motion to say
"I move that Brian (Downing) be reinstated effective immediately, and then if the motion does not carry, he is terminated. We follow the city manager's recommendation."
Citing issues with the progressive discipline and the uncertainty around whether Downing was notified he was running out of leave, Ghanavati said that "we can't really afford to throw away a man's career. And as a city, I don't think we can afford to train somebody new in when we do have a lot of work to do at City Hall."
"I think, given Brian's years of service, to the community, both as a City Treasurer and as a firefighter, I do think we owe him a little more in terms of a chance to return to his job," said Plummer.
"He might stand here tonight and say that he'll follow the city manager's direction, but I think that it’s evident that his thoughts on that matter change from day to day and moment to moment," said Councilmember Jon Becker. "… Others have suggested we can't afford to go without a treasurer. I would put forth that we'd gone without a treasurer for it sounds like at least 3 months of the past year."
Councilmembers Plummer and Ghanavati voted in support of the motion, while councilmembers Becker, Ilmonen, Dietz, Kangas and Flohe voted against it. Thus, the council followed Heffron's recommendation and terminated Downing, effective immediately.
Downing's wife, Chelsea Downing, spoke during the second public comment period, saying that Brian Downing had carried their health insurance, and that she was battling a serious health condition.
"I appreciate you guys doing your honest due diligence, making your decisions," said Brian Downing in his public comment. "It's all right. We'll be all right."
Edward said that the termination would be dealt with through the AFSCME collective bargaining agreement.
"I'd like to thank Brian (Downing) for his service to the city, and to the fire department," said Plummer. "…I think we should show a little more compassion in the future to our employees."
"There's not one of seven of us that walked into this room tonight ... wanting to release an employee of our city," said Ilmonen. "I've been lucky enough to be a part of this council for nearly 6 years now. I've seen some pretty good highs, I've seen some pretty low lows, and I would second that this was a night sitting behind these desks that is a low ... it's not as low as some people in this room, and I understand that."
Annie Lippert can be reached at 906-228-2500, ext. 550. Her email address is alippert@miningjournal.net.