Ogdensburg city council upset at Woods separation agreement terms

OGDENSBURG — An agreement between the outgoing city planner and city manager protects them from liability and damages connected to city council investigations.

The transition-and-separation agreement terminating Planner J. Justin Woods’s employment protects him, city employees, City Manager Arthur J. Sciorra and council members from any future liabilities, demands and damages of every nature, including those arising from City Council investigations. The council is currently reviewing what led up to the city allowing a family to live rent- and tax-free in a city-owned property at 819 Knox St. for the last three years. Mr. Woods and Mr. Sciorra are at the center of the controversy.

The agreement also restricts the behavior of City Council members, although no council member was party to it.

“I’m not real fond of it,” said Michael D. Morley, deputy mayor. “I think we kind of have our hands tied because of it.”

Not all council members share Mr. Morley’s view.

“With the agreement, we get him out the door and we move forward,” said Nicholas J. Vaugh, council member. “We accept the policy that is in place. I asked the city attorney whether this agreement limits the effectiveness of our review of the situation, and the city attorney said it did not.”

Mr. Woods and Mr. Sciorra signed an agreement Sept. 1 under which the city planner’s employment is to terminate Oct. 16. Mr. Woods continues to receive salary and benefits from the city, though he has not reported for work since the agreement was signed.

The agreement says the city will provide a neutral recommendation to all potential future employers of Mr. Woods, and the city manager and council will refrain from any malicious negative public comment about Mr. Woods.

“I want to know if we have to accept this,” Mr. Morley said.

The City Council was not notified of the contents of the agreement while it was being negotiated.

“We were not consulted on this one bit,” Mr. Morley said. “The city manager can only speak for himself. He can’t sign us on to anything.”

Mayor William D. Nelson said the council was aware that an agreement was being negotiated, but not its terms.

“We were aware that attorneys were negotiating and reviewing the agreement,” Mr. Nelson said. “We weren’t aware of what the agreement was.”

“I’ve talked to councilors over the weekend, and none of us are happy with it,” Mr. Morley said.

Mr. Nelson pointed out that termination of department heads falls under the city manager’s responsibilities, not the council’s.

“Art, as the CEO of the city, is responsible for personnel-related actions and items,” Mr. Nelson said.

Mr. Woods agreed.

“This sounds like an issue between the city manager and the City Council,” Mr. Woods said. “My agreement was with the city manager, who is responsible for all personnel matters.”

Mr. Sciorra said the agreement does not limit the council’s ability to review Mr. Woods’s actions leading up to the Knox Street situation.

“As long as we’re not making it up and don’t say derogatory things about him personally, there is nothing that prevents us from releasing the truth and the facts,” Mr. Sciorra said.

The council was notified of the contents of the agreement during a Sept. 6 executive session.

“Our attorney briefed the council on the meaning of the agreement,” Mr. Sciorra said. “I assure you that it was drafted carefully to ensure that it would not prevent facts and truth from being stated.”