EASTHAMPTON — A new chief of staff position for which the mayor is now hiring needs to be vetted by the City Council and public, the city solicitor said in a letter Monday.
Mayor Nicole LaChapelle and City Council President Joseph McCoy had sought legal advice from City Solicitor John Fitz-Gibbon, asking about the mayor’s authority to create such a position and how it could be done. The position, which would serve as deputy mayor, was posted last month and is now closed. Applications are currently being reviewed.
LaChapelle had previously said she was following the charter, that the chief of staff position would not need to be on the pay plan and that the mayor has the authority to employ someone through a personal contract.
“From my research … the charter allows this position,” she said last month.
The sudden creation and posting of the job raised concern from former mayor Michael Tautznik. He wrote a letter to the City Council that is on the agenda for Wednesday’s meeting, stating that the “lawful requirements of the Easthampton Home Rule Charter are being repeatedly ignored by officials we have elected to office.”
Fitz-Gibbon wrote that while the mayor has the ability to appoint a chief of staff, the charter says the mayor needs to create the position through an ordinance or administrative code. Both involve a process with the City Council and public hearing.
LaChapelle also planned to hire for the position through a personal contract, rather than through the city’s pay plan, which would require a public hearing through City Council.
“It is my opinion that the Charter demands this kind of public airing, particularly for a position of such responsibility and authority such as described in the Notice of the Position Vacancy that was posted on February 20th,” Fitz-Gibbon wrote.
The chief of staff would serve as liaison between the mayor’s office and other city departments, City Council and state officials as well as supervise the city’s daily operations, the description states.
Before decisions on next steps are made, LaChapelle said she will discuss Fitz-Gibbon’s opinion with the City Council on Wednesday.
Fitz-Gibbon’s opinion also notes that the city entered into four contracts for positions in the police and fire departments that are outside of administrative code. He looked into other positions as well and said administrative code requirements may not have been followed in every case in the past, but many have been corrected.
“I don’t believe that the City can be bound by alleged ‘past practice’ in determining whether an act or action is allowed by the express terms of the City Charter,” Fitz-Gibbon wrote.
With the information on past practices, LaChapelle said the city will also be looking into the city’s hiring operations to make sure they are fair and equitable.
Caitlin Ashworth can be reached at cashworth@gazettenet.com.