The filing argued Madden’s March 2024 termination was improper and in violation of her contract, which was previously approved by council in October 2023. This contract, court documents outline, states that Madden could be only be terminated by a council vote of at least 5-2 rather than by the simple majority of 4-3.
As such, the filing contends Anderson was “unfairly and improperly placed” as the interim village manager role, and that his assumption of the role violates the village charter.
But in a recent Appeals Court ruling, Presiding Judge Christopher Epley disagreed, opining that Madden’s contract does not supersede the village charter.
“No provision of New Lebanon’s charter indicates that removal of a municipal manager requires the approval of a supermajority of the village council. Thus, only a simple majority is required under the charter for the council to remove a municipal manager from office,” the ruling reads.
“Accordingly, we reject Madden’s argument that her removal was unlawful because it was not accomplished by the affirmative vote of five council members.”
Madden had further argued that Vice Mayor Nicole Adkins’ affirmative vote to remove Madden was invalid, claiming Adkins forfeited her office when she temporarily served as clerk of council.
Village Law Director Mike McNamee commented Friday that this argument by Madden was “doomed from the start.”
“Nicole Adkins only served as clerk of council during the Feb. 20, 2024, meeting when Ms. Madden and Finance Director/Clerk of Council Phillip Hinson were placed on paid administrative leave. Interim Village Manager Rob Anderson served as clerk of council for all subsequent meetings, including the March 19, 2024, meeting when Ms. Madden was terminated by village council,” McNamee said.
The judge shot this claim down, as well, postulating Adkins is not a party to the case and that Madden “lacks standing to oust Adkins from office, having no good faith or reasonable basis for laying claim to the council seat herself.”
Madden’s filing had lastly called for the removal of her replacement, which is currently Interim Village Manager Rob Anderson. The judge again denied this request, claiming lack of evidence to show the appointment of a replacement was done so unlawfully.
Madden’s lawyer on Wednesday filed a motion for reconsideration with the court.
McNamee said the court’s decision is a welcome and expected outcome.
“The decision issued by the Second District Court of Appeals quite thoroughly vanquished any notion that the former village manager had any legal right to be reinstated, which is exactly what we have maintained from the inception of her termination,” McNamee said via email Friday. “Although expected, the decision marks a turning point for New Lebanon to put the prior administration in the rearview mirror, allowing the village to focus on continuing to positively move forward.”
McNamee added the village is prepared for any further litigation that may be filed by Madden.
“I also anticipate that the former village manager will follow this defeat by filing a breach of contract lawsuit against the village,” he said. “Any such action taken will similarly end in defeat.”
Earlier this year, McNamee said reasons for Madden’s firing included failure to comply with her contract renegotiation time frame; self dealing tactics; wrongful payments; violations of Sunshine Laws; and failure to post job openings.
Madden was fired at the same time as the village’s Chief Financial Officer Phillip Hinson, Law Director Ronald Keener, Police Chief Curtis Hensley and Service Superintendent Scott Brock. The votes to oust them were all 4-3 votes by village council, with Mayor David Nickerson, Vice Mayor Nicole Adkins and council members Melissa Sexton and Timothy Back voting in favor. Three of those four (all but Adkins) were elected in November, changing the makeup of council.
Nickerson launched an investigation into the village’s administrative, financial and legal departments.
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