Beacon Paid $50,452 To Willing and Able Highway Department Employee To Not Work

In 2021, the City of Beacon paid $50,452 of admin leave to Reuben Simmons, an employee with the Highway Department who is of mixed race and identifies as Black. ALBB has confirmed this amount with Reuben when we asked if he would make public his payments from the city for 2021. This is as per union rules as Reuben understands them, when an employee is presented with a discipline, the City can give up to 30 days suspension without pay, after which the employee is placed back on payroll while the process continues. Reuben has been served with 2 disciplines totaling 60 days over a course of at least 8 hearings with the City and their attorneys.

Reuben has worked for the City of Beacon in the Highway Department since 2002, where he started in the Summer Help position. He worked his way up to Laborer, then Maintenance Worker. During that time, he was appointed Union President for the City of Beacon CSEA Local 814 Unit 6662.

In 2017, Reuben was appointed Highway Superintendent, the lead position in that department, by then Mayor Randy Casale, with the support of then City Administrator, Anthony Ruggiero. In 2018, Dutchess County reached out to the City of Beacon to let the City know that the job title was incorrect, and that Superintendent of Streets was the proper title, but required a different Civil Service exam to qualify for the position. Fellow employee Michael “Micki” Manzi qualified for the test, and replaced Reuben as Superintendent of Streets. All of the people mentioned here except Reuben are white. To this day, the job title is stated on the City of Beacon’s website as Highway Superintendent.

During this transition under the management of then City Administrator Anthony Ruggiero, Reuben was not given the opportunity to take the required Civil Service exam in order to accept or maintain his job position of Highway Superintendent. Extending this opportunity to someone in an existing role is not unheard of in the City of Beacon. Listen to Reuben tell it in his own words on the “Wait, What Is That?” podcast.

For example: at the 5/17/2021 City Council Meeting, current City Administrator Chris White announced that longtime Water Department employee Ed Balicki, who is white, would become Superintendent of Water and Sewers. “We are moving Ed to the proper title,” explained City Administrator White to the City Council at that meeting. “Ed will have to take a Civil Service Exam…We don't think there will be any issue.” Ed passed the exam, and was re-titled.

In Reuben’s case, he was stripped of his title, and demoted back down to Maintenance Worker, then promoted to Working Supervisor, and demoted to Maintenance Worker within a 2 year period. During the first week of January 2021, he was placed on his first round of unpaid leave, and the order of City Administrator Chris, accompanied by a stack of charges against him signed by City Administrator Chris, which ALBB did see documentation of. These charges amounted to lists of generalities of what intersections Reuben was accused of not doing work, returning late from lunch, and an auto accident that Reuben reported to his supervisor Michael Manzi by way of announcing it on the Highway Department radio, and again in a later discussion, according to Reuben.

Auto accidents are not uncommon in the Highway Department, or other departments within the City of Beacon where vehicles are driving by city employees. What is not disclosed by the City of Beacon is when these auto accidents happen, and if they are reported. For example, the public is not informed of when the new Highway Garage gets a dent in a garage door,, for instance, or if an employee did get into a fender bender, and if that incident got reported or not. Additionally, the public is not regularly informed when an employee resigns or is fired, but the public is informed of each new hire when that employee is presented to the City Council the night of a vote to hire them.

Recently, two employees of the administration resigned, which were announced during City Council Meetings: Beacon’s first HR Director, Gina Basile, who left after a year and seven months on the job, according to her LinkedIn, and the Mayor’s Assistant, Collin Milone.

Gina was tasked with reviewing the Highway Department’s work atmosphere, and found it to be troubled: “Beacon’s New HR Director Hears From City Employees About Discrimination, Inequality, Growing Tensions; Suggests Solutions; Begins With Highway Department.”

Shortly thereafter, a Diversity and Inclusions Statement was presented and passed in the City of Beacon, when then City Councilmember Air Nonken Rhodes stated: “This isn’t lip service.”

The City of Beacon has hosted at least 8 hearings against Reuben in 2021, which involve the city’s labor attorney and an arbitrator. During the 8th meeting, the City of Beacon actively closed the meeting to the media, by requesting that ALBB leave the call (ALBB was sent an invite to the hearing via Zoom by the arbitrator at Reuben’s request). The city attorney stated that the meeting was closed, and that Reuben had wanted it closed. Reuben denied that, stating that he wanted the hearings open to the public from the beginning, and then stated it again in an article on ALBB.

During this time, In 2021 alone, the City of Beacon under the direction of City Administrator Chris has made two transfers to cover unplanned costs from unrelated areas of the budget to another area of the budget called “Employee Discipline,” bringing that unbudgeted total to over $110,000.

Reuben was put on unpaid leave in January 2021 for a 30 day period, followed by a second 30 day unpaid leave period for disciplinary reasons. The City of Beacon has not made public what those disciplinary reasons are (though ALBB has seen the first stack of the vague charges), or why they have spent so much money for a willing and able Highway Department employee to not work for over a year, during a national labor shortage. During the summer of 2021, the City of Beacon could not completely fill the 6 Summer Jobs it seasonally fills to fill its department.

During Hot Mess Of Water Department Hires, Beacon Passes Diversity and Inclusion Statement

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Editorial Note: This article is long, but please consider reading in full. This article was intended to be a simple announcement of the City of Beacon passing “Resolution Adopting Diversity and Inclusion Mission Statement” on October 5, 2020. However, during the City Council Meeting where that vote took place, a lot of discussion happened around the hiring practices of Beacon’s Water Department.

Reporting on employment within the City of Beacon has been difficult because discussions about the hiring, firing and disciplinary action of employees happens in a private meeting called an Executive Session, which happens after a public City Council meeting, or within City offices presumably during the work day. The Executive Session will be announced, and Council will go into it for a designated reason, for example: “Personnel” or “Real Estate,” and the camera shuts off.

Therefore, what is said in public is often framed carefully by the speaker, and can imply further issues, but not state them explicitly. It requires the listener to read between the lines in order to follow along with what is happening. Once the full picture is learned, often these public meetings about employment make more sense. Until then, many quotes are needed in order to figure out what is happening, or not happening.

Beacon’s Presentation Of Its Diversity and Inclusion Mission Statement

Beacon’s Diversity and Inclusion Mission Statement, posted on the new Human Resources page, like a shield. Job Postings are now listed underneath this document.

Beacon’s Diversity and Inclusion Mission Statement, posted on the new Human Resources page, like a shield. Job Postings are now listed underneath this document.

The City of Beacon signed into law a Diversity and Inclusion Mission Statement on October 5, 2020. It came on an evening where the City of Beacon was announcing 2 new appointed hires to the Water Department: Justin Herring as Water and Sewer Superintendent, and Ricardo Brown as a Water and Sewer Maintenance Worker. During the presentation of the Diversity statement, the term “we’ve got work to do” was used several times. Councilperson Air Nonken Rhodes made a point to say: “This isn’t lip service.”

On the same evening, Mayor Lee Kyriacou also announced the hiring of Beacon’s new Human Resources (HR) Director, Gina Basile, who was hired on July 20, 2020 and previously worked as Human Resources Manager for the New York State Bridge Authority. She wanted the diversity statement published, which is currently included on the new main page of the Human Resources page, like a shield. You can read the Diversity and Inclusion Statement here, or it has been republished below for easy reading.

Mayor Kyriacou told the public: “We hired a professional HR person, Gina. We're not a big city; it's the first time we're doing this. We are sharing it with the Town of Fishkill. I look for sharing opportunities with the Town of Fishkill. I thank Gina for her work recently. Makes a difference on the messages we communicate to our managers, to our staff, and to our community as a whole.”

Public Calls In To Question The Hiring Process Of Water Department Hires

Two people called in to the public City Council Meeting on October 5, 2020, asking about the Water Department hiring process:

  • Stefon Seward, a founding member of Beacon4Black Lives and appointee to the Police Chief Search Committee who identifies as Black, asked about the City’s expectations about that Water Department position, plus the Highway Superintendent position.

  • The second caller was Weldon Henson, who called at the end of the meeting during the second opportunity for public comment, in order to express that he interviewed for an advertised Water Department job with Beacon’s new HR Director, Gina Basile, on August 26, 2020, but was never contacted after that. A Little Beacon Blog has reached out to Gina and the current City Administrator Chris White for confirmation, and received this response from Chris: “We do not comment on interviews and personnel issues.” ALBB would like to verify with Weldon, and if he is reading this, please feel free to reach out.

The callers’ questions, and the City’s answers, have been transcribed in full below. Because of their questions, more was expressed about the hiring process of city jobs, otherwise known as the Civil Service process. The hiring and firing process of city employees is hard to follow, namely because most discussions about them happen during Executive Session, which is a private meeting that happens after the public City Council meeting. Reporters reaching out with questions are usually told: “You’ll need to submit a FOIL,” (former Administrator Anthony Ruggiero told us this), or “The City does not comment on personnel items” (what current Administrator Chris White said to ALBB). Questions to the HR Director Gina Basile usually go unanswered, or she defers to someone else on staff.

Was The Water Department Job Posted Internally?
What Is The Hiring Process?

During the City Council meeting, questions were raised about if the Water Department job(s) were posted internally. It is not clear where that would be posted, or what the requirements are for that posting. As of today, there are job listings on the city website’s Human Resources Page, which is a new page for the City of Beacon. It is unknown if people are expected to refresh the page daily for new listings, or refresh a Dutchess County Civil Service employment page, or if employees are expected to simply notice flyers on the wall while they are walking by (if they are walking by), thereby putting the responsibility on them to see internal listings. It is unknown if emails are sent out to any lists, or if announcements are made in Department meetings, if such meetings happen.

The City Administrator last year, Anthony Ruggiero, explained that the job for the Water Department was posted internally at first, before being advertised publicly. After Anthony’s explanation, City Councilmember Amber Grant asked one more time about the internal posting before the final vote on the appointments of two people into the Water Department titles. This question of an internal posting seemed to be of high interest during the meeting.

In the past, and for another department, when asked if he knew about a Highway Department job opening, Reuben Simmons, a Maintenance Worker for the Highway Department, answered that he was not aware of open positions in the Highway Department toward the end of 2020 that were mentioned during City Council meetings in ways that indicated people were already being considered for the positions by the current Highway Supervisor, Michael (Micky) Manzi.

Reuben was the Highway Superintendent before Dutchess County told the City of Beacon that his job title did not exist - even though the former Mayor Randy Casale also held that job title decades ago - despite being recommended by and approved of by Anthony Ruggiero. Reuben was thereby demoted back down to Maintenance Worker, and Michael Manzi, a former co-worker, became Highway Superintendent of Streets. A slightly different job title that comes with a different required test and certification. It’s like being called “Boss” or “Boss The Boss,” with different tests to prove worthiness of either job title, but with similar (or the same) job responsibilities.

The “job title” question reference is notable because a single word change in a job title can alter someone’s career. Chances are, you don’t have to deal with this at your job. But City of Beacon employees do. The wording in a job title can mean that you lose almost everything that you have been working up for, if someone else wants your job and uses Civil Service rules to checkmate you out. Your job title and duties could change in the blink of a Resolution.

About The Hiring Process for City Employees, AKA “Civil Service” Jobs

The questions of Stefon and Weldon are transcribed below from the recorded City Council meeting. The previous City Administrator Anthony Ruggiero was always patient with explaining how the process works. The results of that process, however, can be surprising.

Stefon Steward: “I'm just curious if the titles on the agenda for the new hires are correct, and if they are, did the City consider hiring someone internally for this position? I was looking at the website... It says that Ed is on the Water and Waste Department. I want to know what Department does he manage, and does he have the proper license to run this plant and do this job? What are the duties and responsibilities for the Highway Superintendent. What are the City's expectations for this? Is it true that one of the appointees' family members, Justin Herring, has… The family does business with Beacon, is anyone getting any financial kickback from his appointment for his position?”

Ed Balicki, shown on the City of Beacon’s website as Water and Wastewater Superintendent on 3/2/2021. Justin Herring was appointed to his position on 10/5/2020.

Ed Balicki, shown on the City of Beacon’s website as Water and Wastewater Superintendent on 3/2/2021. Justin Herring was appointed to his position on 10/5/2020.

Toward the end of the City Council Meeting, Anthony answered Stefon’s questions. As of today (March 2, 2021), Ed Balicki, who has worked for the City of Beacon since 2013 according to his LinkedIn profile, is listed on his LinkedIn as Chief Wastewater Treatment Plant Operator at City of Beacon. But on the City of Beacon’s website, he is listed as Water and Wastewater Superintendent.

Yet this new job appointment is for Justin Herring to be Water and Sewer Superintendent. (Note the slight difference in words in the title there. That can play a major difference in Civil Service rules by disqualifying someone out of their current job.)

Further, according to Reuben Simmons of the Highway Department, Justin Herring was a candidate for the Operator or Maintenance worker position. In the Meeting Agenda, he is listed as Superintendent.

On March 2, 2021, ALBB has reached out to HR Director Gina Basile and City Administrator Chris White for confirmation of job titles since this October 5, 2020 meeting, and was told by Chris that a response would be forthcoming. This response of a job title confirmation so far has not come. If it does, this article will be updated. If you are reading this, then a response has not yet come.

Anthony Answers Questions Regarding The Job Title and Hiring Process

Anthony answered Stefon’s question: “Titles: Those titles are in the municipality known as Civil Service. There are ‘competitive,’ which means there is a list [of qualified people] where you have to take a test, and there are ‘non-competitive,’ where you don't [have to take a test.] These titles aren't, but by the Civil Service Employee Association (CSEA) contract, first you have to post them internally. If nobody applies internally, then you can go out and advertise.”

ALBB has inquired with the HR Director Gina Basile and the current City Administrator Chris White as to whether the City’s contract with CSEA is current. According to city employee Reuben Simmons, who served as a past Union President for the City of Beacon CSEA Local 814 unit 6662 from 2009 to 2017, the Highway Department contract has not been negotiated or signed since 2019. The current contract posted on the City’s Human Resources page as of today is dated 2010-2015, and looks to have been first uploaded to the City of Beacon’s website in October 2020. Which would seem to mean that the Water and Highway Departments are currently not in any contract.

Anthony continued: “In this particular case, that is what happened. Nobody applied internally, so we went out and advertised. Gina handled the process. As the Mayor indicated, she's creating something from nothing. She's trying to get organized. The department head prepares a memo to her ‘requesting this position is budgeted, I'd like to go through the process.’ It comes to me, we talk about it, and then I sign off on it. If it's OK, we go after the process. Gina takes it from there and advertises.

“She tries to make it as diverse as she can. As I was saying, she's creating a whole process as it is. She's got work to do, we've got work to do. She's been wonderful, by the way, let me just say.”

Anthony continued to address Stefon’s question about Herring: “They do not, from my understanding, do any work. They do haul. They do take their trucks and their haulers down to the wastewater treatment plant. We might rent some of the port-a-potties that we have in the parks, but that's to the extent that we know right now. Nobody's getting any kickbacks, certainly we will verify that. Certainly that has not happened.

“There was questions about some of the titles. Ed Balicki was switched up to the Water Department. He was handling both. His title was Chief Wastewater Operator. We do have to fix that title for him. He did go to school for Water Certifications and License, and also all the operators in the plants have all the license. So we are fully compliant.”

You can find this quote in minute 55 of the meeting video.

Question From An Apparent Applicant For The Water Department Position

At the end of the meeting, during the second opportunity for public comment, Weldon Henson called in to ask about what he describes as an un-responded-to interview he had for a job in the Water Department. His question is in minute 1:10 of the meeting video.

Weldon: “I didn't quite hear you on the Water Sewer Maintenance. Were they looking for inside Beacon or outside Beacon for the hiring?”

Anthony: “Both. First, the first part of the process is to advertise internally, within the workforce, and then to advertise externally to anybody, if nobody internally is interested. So then it goes outside. For these positions, there is no list. So you can just advertise and interview candidates.”

Weldon: “Oh, OK, because I was a resident that applied for the job, actually got the interview for the job, but I never heard or received anything back.”

Silence followed from the City Council.

Anthony: “I can follow up with Gina on that.”

Weldon: “I had the interview on August 26, 2020, I think it was a Wednesday at 12:30pm.”

Mayor Kyriacou: “OK. And Anthony, you are able to do that? And Colin (the Mayor’s Assistant) has it on the record.”

Weldon: “Thank you for your time.”

Mayor Kyriacou: “Of course.”

The Voting Of The Diversity And Inclusion Statement

Sometimes, councilpeople state their thoughts before or after passing a Resolution. Statements from two councilpeople are below:

Councilperson Air Nonken Rhodes: “This isn't just lip service. I've observed in the ways that I've seen the City operate behind the scenes, and in conversations around hiring, and in everyday work. This is something that everyone I've talked with really believes in. I'm really glad to see it put in writing here. This will be something we can aspire to and really live up to. I'm glad to see this enshrined, and something we can look to in every hiring process.”

Councilperson Jodi McCredo: “Like we've said with so many other issues, this is a starting point. We do realize that we have a ways to go. This is a nice guidance towards making those changes and improvements that need to be made.”

The Diversity and Inclusion Mission Statement

Find this statement here, and it has been republished below for easy reading:


 

The City of Beacon is an equal opportunity workplace – and proudly so. We do not just accept differences – we embrace, support and celebrate them – knowing that diversity improves our performance and better serves our community.

The City of Beacon’s mission is to represent and serve all of our residents, including providing them with high quality services at reasonable taxes and fees, along with excellent customer service. The way we accomplish this is by representing everyone, listening to all ideas, and through the hard work and dedication of our employees.

We want to represent everyone. To do that well, we need a workforce that is representative of the community.

The City of Beacon is committed to creating a diverse and inclusive workforce. Our employees thrive when we achieve this. We aim to create a workplace that reflects and recognizes the diversity of our employees, and residents. We strive to provide services that benefit everyone in the community by including perspectives from backgrounds such as those that vary by race, ethnicity, social background, religion, gender, age, disability, sexual orientation, gender identity, trans-gender status, veteran status, and national origin.

Having a diversified workforce builds a better team, enhances our skills, broadens our ideas, and is integral to effective performance.