Article provided to MiltonNews DAILY courtesy of the Weekly Record Herald; published on March 11, 2011
By Clint Haggart
Record Herald Writer
WEST MILTON – Some citizens’ efforts to have Municipal Manager Tony Howard fired have escalated with the discovery of a conduct investigation performed in his previous workplace. Howard denies all allegations and continues with his work.
A group of West Milton residents and non-resident “Save The Dam” supporters are seeking a recall on three council members, who they feel are keeping Howard employed. They allege Howard is lying about the need to tear the dam down.
West Milton resident Don Martin presented the Weekly Record Herald Howard’s personnel file from the Village of Mechanicsburg, where Howard worked as fiscal officer from 2004 to 2007. The file details an investigation into Howard’s supposed lack of professional conduct. Martin is one of the residents seeking a recall, and a removal of Howard himself.
Martin, who pulled Howard’s personnel file himself, wondered why the village police didn’t pick up on the issue and said in the future, police should check those files as part of a background check.
West Milton Police Chief Garry Kimpel was hired after Howard and doesn’t know if an investigation into his previous personnel files was conducted. Sergeant Tracey Hendricks was unavailable for comment at press time.
In the file, some of Howard’s co-workers in Mechanicsburg alleged he referred to members of council and citizens with derogatory names.
The investigation was conducted by Bryan Dostanko, human resources for the City of Marysville. In an interview with the Weekly Record Herald on Monday, Dostanko explained he was approached by one of the Marysville’s assistant city attorneys, who also does legal work for Mechanicsburg.
“She (Victoria Stone Moledor) was aware that I am certified, and perform, internal investigations for the City of Marysville as required. I reach out to villages when they ask for help as I am aware villages often do not have a Human Resource Manager, and also in the spirit of public team work,” Dostanko said.
Dostanko looked into claims of derogatory language and erratic behavior on the part of Howard.
The investigator notes in his observations that, “Even if Howard’s use of the (derogatory names) was directed towards (another staff member) and only used to repeat what someone else has said (as Howard states in the interview), this does not erase (under law) the effect of those words on a third party that may overhear.”
“In response to what’s been alleged, they’re nothing more than unproven, unsubstantiated allegations. None of it is verified,” said Howard in an interview.
Dostanko suggested in his report that Howard was in denial and that his speech did create a hostile environment, but noted the village did not have a harassment policy and that he should not be fired.
In the interview, Dostanko said, “My investigation revealed that there were three witnesses to Howard using language that a fair and reasonable person would say causes a hostile work environment. Mr. Howard, although admitting he can sometimes be less than professional, did not accept that his language could be seen this way. This was the denial I referred to in my report. It was apparent in direct conversations with him that he did not think his language was that bad.”
Dostanko also suggested Howard had an anger problem in the investigation.
Howard disagreed, “I don’t think I had as much anger as frustration.”
In the investigation, Dostanko also discovered that there was no actual complainant to prompt it, and that shortly before this process began, Howard started an investigation into the village administrator’s financial activities. One Mechanicsburg staff member was encouraged by two members of council to write a letter and it was noted that the letter writer lived with the village administrator/police chief.
Dostanko detailed to the Herald that the staff positions of two of the three witnesses alleging Howard’s use of derogatory names would not hold up to scrutiny by the Fair Labor Standards Act in one case, or the Internal Revenue Service test for contract versus non-contract employee in the other.
The investigator did recommend that Howard be sent a warning letter and be asked to apologize in writing for language overheard. Dostanko also recommended the village administrator institute a harassment policy and the town consider reviewing it’s organizational structure.
To date, Dostanko is unaware of any of his recommendations having been implemented.
Currently, Mechanicsburg staff officially bear no ill will towards Howard. Mechanicsburg Administrator April Huggins-Davis said staff just provided the personnel file documents that were asked for, as they are public documents.
For more information, she referred to village attorney Stone Moledor, who said, “We don’t have any problem with (Howard). He served, did his job and resigned. We don’t have any comment. This is a former employee. His contract is completed just like any other employee.”
Moledor said Howard was a nice man and wished him and the Village of West Milton the best.
Current behavior
Regardless of what happened at his previous position, West Milton village staff have not indicated hearing abusive or hostile language from Howard.
Most staff members declined to comment on Howard’s current behavior, although one respondent who chose to remain anonymous said that he or she had never been subjected to hostile or abusive language, nor had he or she witnessed any.
Howard welcomed these interviews and did not interfere in the process.
“I have to have some credibility. A leopard doesn’t change his spots,” he said, noting if he was guilty of the allegations in Mechanicsburg, the Village of West Milton staff would have experienced the same.
Village divided
The opinions of Howard in West Milton council and citizens run the gamut from those who feel he has been a benefit to the community to those who feel he’s dishonest and an inhibitor to progress.
“He’s got the town so divided. You can see who’s sitting on who’s side,” said Bill Netzley, explaining why he wants Howard fired.
Mayor Pat Grim agrees. “There is a division. It’s not a pleasant division.”
She said that, aside from discussions at open meetings, Howard does not talk to council members. “We need to get our house in order.”
In a previous article, Netzley was noted as part of a group who wants to have councilors Deborah Miller, Tim Benkert and Jason Tinnerman recalled. The group feels those councilors have aligned with Howard and a recall will give council the votes needed to fire the manager.
Grim says, as an elected official, she can’t comment on the citizenry’s efforts to have those councilors recalled.
Miller said, “I welcome people to express their opinions. I appreciate the system we have in place. I’m elected, not appointed, I try hard to do what is right and to be fair. I’m here by election and it’s their choice to remove me.”
About Howard’s treatment, Miller said, “The treatment has been incredible – not only unfair – it’s obviously made by people who don’t like this village. Unfortunately, people stoop to digging into somebody’s history.”
“I don’t agree with everything (Howard) says, but I respect his ability to run the village,” she said, adding Howard has not done anything illegal or unethical.
Martin feels the opposite, accusing Howard of lying to citizens, particularly about the need to tear down the dam, and “blowing up” at people in public meetings.
He also complains Howard has taken it upon himself to fire people for little things or nothing at all. “He thinks he’s the boss. It’s getting disgusting,” Martin said.
PJ Wertz, of Wertz Hardware, said however, “I support Tony Howard. I think he’s been good for the community.
Wertz said she didn’t know Howard at all when the group Milton Independent Merchants (MIM) tried to start a small festival, the Fall Fling.
Howard helped get all the forms filled out, get approval for a beer garden and to block state routes, and through the chief of police, manage city streets.
The third such festival will be held this year.
Nobody knew the previous city manager, claims Wertz, noting Howard is a hands-on manager and responds to citizens complaints efficiently and on-site.
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