Firing Back: Former Putnam Commissioner Sues County, Odell for Old Job Back
Though Putnam County is already moving ahead with its plan to find a new Bureau of Emergency Services Commissioner, the Patterson resident who once occupied that position is suing the county to reclaim his old job.
Former emergency services commissioner Adam Stiebeling has filed a lawsuit against the county in Putnam County Supreme Court, arguing he was illegally let go by County Executive MaryEllen Odell, who is the only other defendant in the lawsuit filed on Jan. 30.
The suit, reviewed by The Putnam Examiner last week, claims Odell wrongly relieved Stiebeling of his duties as the head of emergency services because she did not get the county’s Legislature to also approve the removal.
According to the lawsuit, Odell wrote to Stiebeling, “as you are already aware, your term of office expired on December 31, 2014” and then went on to write, “I am therefore writing to advise you of the fact that I am not appointing you to the position of Commissioner of Bureau of Emergency Services for another term.”
But the suit claims those statements are “materially false” and “materially misleading” because when Stiebeling was originally appointed back in Dec. 2012, the duration of his term was never set to a specific time, contrary to what Odell asserted. Because a specific time frame was never established, according to the suit, Odell would need two-thirds of the county Legislature to terminate Stiebeling, which she never sought.
“Odell exceeded her authority and acted in a manner contrary to law, all to (Stiebeling’s) detriment,” the suit states.
In an interview, the attorney for Stiebeling, Michael Sussman, said this argument surrounds the premise of “who can do what to who.” A court date is set for March 6 in the courtroom of county justice Victor Grossman, though the attorneys may not have to appear on that date.
“Just so it’s clear, at this point he was not terminated for any cause, he was not terminated because he wasn’t doing his job,” said Sussman, who also noted Stiebeling has support from the emergency services community. “This is not about his job performance and we’re not going to get into a debate about that because that was not the reason. The reason given was because your term expired.”
Under county charter, according to the suit, there is no set term of office for the Commissioner of Bureau of Emergency Services and no resolution or local law has ever been passed by Putnam establishing such a term.
“He wants to be reinstated to his position,” Sussman said in the interview. “He wasn’t properly terminated and incident to that he wants whatever back pay he’s owed.”
An audio recording of the Dec. 27, 2012 meeting in which Stiebeling was named commissioner indicates Stiebeling was unanimously appointed to the leadership role, though no time was set at that meeting when his term would expire. In the official 2012 resolution written out, it doesn’t have a specific start and end date established.
Odell, who made the controversial decision shortly after starting her first full term, was out of the county and could not be reached for comment. Previously, she had given little insight into why she made the determination to not allow Stiebeling to continue as commissioner.
Attorney Andrew Negro of the county’s legal department declined comment because the litigation is ongoing. Legislature Chairman Carl Albano also declined comment, citing the ongoing litigation. James Randazzo, who is representing the county, could not be reached.
Essentially, the lawsuit contends Stiebeling should still be allowed to go to work as the head of emergency services everyday, like he has for the past few years.
“Odell has barred (Stiebeling) from performing his duties, has disallowed him from entering his office and has returned to him personnel items maintained at his office,” the suit states.
