August 10, 2007

City council schedules Aug. 28 disciplinary hearing for auditor

By Carol Rosen
Editor

After several months of closed-session meetings dealing with the city auditor’s of-fice, the city council voted unanimously Tuesday afternoon to schedule Aug. 28 for a hearing on disciplinary action against City Auditor Gerald Silva.

The special closed session action took place at 4 p.m. Tuesday following the regular council meeting.

The disciplinary hearing is scheduled to take place in a closed session, but that could change if Silva requests it be open to the public.

“I don’t know what form the hearing will take, and I don’t know what is al-lowed,” Silva said. “I can’t make a decision until I do find out.”

City Auditor Gerald Silva

During that hearing, city council members will consider whether or not disciplinary action should be taken. Silva is appointed by the city council, so only the council can take action. The two deputy auditors currently on leave with Silva do not fall under council jurisdiction because theyare not appointed by the council, but hired by personnel, according to Michelle McGurk, the mayor’s spokeswoman.

“There’s very little I can say about the situation, it’s a personnel matter,” said Mayor Chuck Reed. The 11-member council will make the decision, he added.

It takes a vote of 10 council members to dismiss the auditor for misconduct, inefficiency, incompetence, inability or failure to carry out or negligence in carrying out his or her duties. Council members must list the reasons for dismissal in writing and offer Silva a chance to defend himself.

The Times has learned of one allegation citing Silva as auditor did not put a stop to the conduct creating the atmosphere of an alleged sexually hostile environment of the auditor’s office.

“I expected this to be resolved yesterday and there is very little I can say. I hope I get a chance to clear myself because I can. There are others willing to testify and clear me of these allegations. I don’t know what I get to do to defend myself [at the hearing]. I’m hearing everything second hand,” he said.

“Nobody has ever said to me or I’ve never heard from anyone that I’ve said or done anything that upset anyone. That’s what city policy says [should be done]. “

He admitted that there have been allegations in the past, but all were completely unsubstantiated. “Things happen when you hold a job for 22 years,” he said.

“If I have one failing as a boss it’s because I’m too nice a guy and I care too much about the people that work for me,” he said.

Silva took a paid leave of absence due to job stress in May. Silva, who currently earns $184,000 per year, has been rehired every four years for the past 22 years. His current term expires in 2009.

In late June, Jennifer Callaway, a senior program performance auditor, filed suit against the city and Deputy Auditor David Moreno claiming sexual harassment and a sexually hostile environment. However, while the suit mentioned Silva, he is not named as a defendant.

Callaway’s attorney, Robert Bohn Jr., told the Times last June that the suit accuses Moreno of touching and making comments about Callaway’s appearance. While Callaway complained that Silva discussed his sex life among the employees, Bohn noted that he is not a defendant, “by personal choice of his client. Silva did not touch her and Moreno did,” Bohn said.

At that time, Silva disputed the charges in the press but said he didn’t “want to fight this in the newspapers.”

Also at that time, six members of the staff had taken leave, Silva—reportedly because of stress, Moreno, deputy auditor Eduardo Luna and senior program performance auditors Callaway, Greg Elliott and Gitanjali Mandrekar.

In the past few weeks Elliott and Mandrekar have returned to work, the Times has learned. But Mandrekar, who had been full time, is back to working part time.