By KEITH GRANT
Citizens call offices 'illegal'
Five residents have sued the city in an effort to remove Long Beach's top Democrat from his number-two position in city government.
The suit charges that Eugene Cammarato was illegally appointed Director of Operations, and that he and two subordinates should be removed from their positions. It also demands the return of more than $225,000 that has been paid in salaries since the posts were created in mid-1999.
"It's a taxpayer action," said Stephen K. Lee, lawyer for the plaintiffs. "What we're seeking to do is declare the office of Director of Operations, as well as the executive assistant and the special projects manager, illegal. They were created illegally."
The suit contends that the city charter does not allow for these government positions and that they can only be created by law or ordinance. Mr. Cammarato, formerly assistant to the city manager, was appointed to his current $98,000-per-year post shortly before the retirement of former city manager Edwin Eaton. Also appointed were executive assistant Michelle Meiselman and special projects manager Robert Piazza.
"The city can hire low-level employees, but this is a major department they created and one that is only under the city manager," Mr. Lee said. "Section 8 of the [city] charter enumerates city positions. It says the council can appoint, but only by law. The city council is supposed to pass a law or an ordinance to create them. After a public notice, and a public hearing and an opportunity for the citizens to come to the council meeting."
The suit also alleges the city violated the section of the charter that prohibits partisan political appointments to government posts. Mr. Piazza is a Long Beach Democratic Committeeman and Mr. Cammarato is the chairman of the local Democratic Committee. Mr. Cammarato previously has dismissed any question of a conflict of interest, noting that he served as assistant to the city manager for 14 years.
Named as defendants were the three employees whose posts are being challenged, the City of Long Beach, City Manager Bruce Nyman, all five members of the city council, and City Treasurer Catherine Pirrone.
Mr. Nyman and City Council Vice President Barbara Mosca said that Corporation Counsel Joel Asarch had advised all city officials not to comment on the matter.
Bringing the suit against the city are Carl Charleson, Jane Novorro, Denise Ford, Mona Goodman and Laurie Klein. Attorney Lee spoke for the plaintiffs, but community activist Mark Jackson threw his support behind the action, stating, "We're saying to the City Council, 'Stop!' Stop the lies, stop the cover-ups, stop the corruption. And we will prevail."
In the lawsuit, filed in State Supreme Court in Mineola, the plaintiffs are demanding that the three appointees be removed from the jobs, the positions be eliminated, and the accumulated $225,000 in salaries paid thus far be returned to the city. If the employees are unable to pay the money, themselves, the plaintiffs say the council members should dip into their own wallets to repay the city bank account.
The controversy dates to the action prior to Mr. Eaton's retirement in March 1999, when Mr. Cammarato's job title was changed from Assistant to the City Manager to Director of Operations. The plaintiffs point out that the city's 1922 charter reads that: "The appointive officers of the City of Long Beach shall be a city manager, a city treasurer, a corporation counsel, a city comptroller. a commissioner of charities, one fire commissioner, a tax assessor and two associate tax assessors, a commissioner of public works, a building commissioner, a police commissioner, one commissioner of public safety, one or more city marshals, a city engineer, one or more superintendents of departments, three members of a civil service commission, as many commissioners of deeds as may be deemed necessary by the council, and such other appointive officers as may be established by law, local law or ordinance. All of such officers except the city manager shall be appointed by the city manager."
Mr. Cammarato's position, as well as those of Ms. Meiselman and Mr. Piazza, were placed into the city budget, but were not created by any law or ordinance at a public meeting.
A July 5 public hearing was scheduled to amend the charter to include a director of operations, who would work with the city manager and oversee all city departments and personnel. According to an agenda for the June 20 city council meeting, this director would also "supervise and review activities and performance of all departments; supervise all department heads; review department activity reports; and sign payment vouchers and purchase orders." It also declared that in the absence of the city manager, "the director of operations shall serve as Acting City Manager."
Officials have said that such a position assisting the city manager would make the city's day-to-day work more efficient.
However, on July 3, the council announced that the proposed amendment had been withdrawn due to insufficient notice time between its publication and the hearing date. The council also announced that as a result of "further consideration," Mr. Asarch was preparing a request for proposals for a company to advise the city on a complete update and/or revision of the charter. According to Mr. Nyman, the charter is not only nearly 80 years old, but has not undergone any serious revision in at least a half-century. Plans for revision are moving forward, Mr. Nyman said, adding that, "It needs to be done."
