In a May 1 letter to Acting Police Chief Jim Chambers, the New Lebanon police bargaining unit outlined reasons for its vote, citing “deep concern and lack of confidence” in the leadership and management abilities of Acting Village Manager Rob Anderson, special counsel Michael McNamee, Mayor David Nickerson, and council members Nicole Adkins, Timothy Back, and Melissa Sexton.
Adkins, Back, Sexton, and Nickerson led the charge in the March firings, as well as the initiation of an internal investigation into the village, both of which passed in narrow 4-3 council votes.
“After careful consideration and observation, it has become evident that there are significant issues that have not been adequately addressed, leading to a loss of trust and effectiveness within the organization, and causing great effect to the New Lebanon Police Department,” the union’s letter reads.
Specifically, the union asserts, the missed court hearing on April 22, and the department’s concerns remaining unresolved in the days since, has affected “morale, productivity, and efficacy” within the police department.
Anderson and McNamee fired back Thursday, defending both the firings and their own performance. Anderson said the village has “a new level of accountability,” and McNamee responded to the union’s comments with, “A management change was made. Period. Deal with it.”
The defendant in the April 22 hearing had filed a motion to suppress certain evidence in their case. The hearing proceeded as scheduled and the motion to suppress was ultimately approved by the judge, according to court documents. The criminal trial in that case is scheduled for Monday.
“... The failure of Law Director McNamee and Robert Anderson to ensure that prosecutions are adequately managed has led to the motion to suppress crucial evidence in a criminal matter on 4/22/24,” the letter states. “... This will undoubtedly result in a dismissal of charges for (the defendant), and will deny the victim of this case justice, not to mention the waste of resources by our police department in the dozens and dozens of hours of investigation by us and by the Department of Homeland Security.”
The missed court hearing, which McNamee said was due to a scheduling issue, was preceded by the resignation of New Lebanon Prosecutor Thomas Schiff effective April 9.
The village was without prosecutorial representation from that time until Monday, April 22, when Prosecutor Nate Rose was appointed to the position, according to McNamee.
The union letter, which also categorized the termination of the department leaders as “premature and baseless,” ends with a call for the immediate resignation of McNamee, Nickerson, Adkins, Back, and Sexton.
“I believe that an immediate change in leadership is necessary to address the challenges facing our organization and to restore trust and confidence among the team members and our citizens,” the letter states.
In a statement responding to the no-confidence vote, Anderson defended the actions of himself and council, contending the village has lacked “professional management” for several years.
“The council hired me to make some difficult but necessary changes and to increase the standards and level of service the village provides for our residents,” Anderson wrote in an email to Dayton Daily News. “The cronyism and self-dealing of the previous administration is over and has been replaced with a new level of accountability.”
Anderson asserts he has a “stellar track record of ethical, honest, and professional management in multiple communities in the region.” Anderson had served as Fairborn city manager for seven years until he resigned Dec. 31, citing health concerns and the stress of the job. Before that he was Vandalia’s city manager.
“All I have asked of all village employees is to act in the best interest of the village, take pride in their work, and do their jobs to the best of their abilities,” he wrote. “Many of the employees have stepped up to this new challenge and are thriving. It’s unfortunate that a handful of employees see this as a negative when the reality is that I am trying to help them improve themselves.”
In his own response to the union’s stance, McNamee told the Dayton Daily News that similar feelings of no-confidence ultimately led to the council decision to oust the five department heads in March.
“... (T)he ‘no confidence’ characterization is mutual, (and) this is why village council implemented the change of management, which is its sole and complete prerogative to do so,” his statement reads.
McNamee further defended the firings, citing the village ordinance that permits firings at will, at any time, with or without notice or cause.
“... There is nothing confusing about this,” he wrote. “A management change was made. Period. Deal with it.”
On April 29, McNamee said, New Lebanon’s Personnel Appeals Board unanimously confirmed the termination of Police Chief Curtis Hensley, Chief Financial Officer Phillip Hinson, and Service Superintendent Scott Brock, all of whom had appealed their firings.
McNamee, who’s leading the village’s internal investigation, said he’s identified “numerous areas of concern,” which he outlined in a preliminary findings report on March 19.
The report alleges ousted Village Manager Glena Madden failed to comply with her contract renegotiation time frame. It includes additional accusations of self-dealing tactics, wrongful payments, violations of Sunshine Laws and failure to post job openings.
“I encourage folks to review that report before jumping to conclusions,” McNamee’s letter reads. “Reference was made to a culture of fear existing at the village, and I submit that the real fear lies in exposing the misdeeds of the prior administration.”
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