By Nate Jones

Staff Writer 

At least three members of the South Portland City Council are prepared to apologize to Parks, Recreation and Public Works Director Dana Anderson. 

Inspired by a brief update by City Manager Jim Gailey, City Councilor Jim Hughes said he was prepared to have Anderson return to work since an accounting firm investigated the financial procedures within the Parks, Recreation and Public Works department and found no mismanagement of funds.

Anderson has been on paid administrative leave since March during an investigation into his department. Gailey said Anderson is still on leave even though the investigation  – triggered by embezzlement charges settled out of court and a confidential letter from a former employee – has revealed no wrongdoing. 

Gailey said a decision concerning Anderson’s leave could happen by the end of the month.

“We are currently in conversations with [Anderson’s] lawyer,” Gailey said. “He has not come back to work. Hopefully we can find a solution that is agreeable to both parties in the near future.”

“I think we should apologize and welcome [Anderson] back to the city,” Hughes said. “We have determined there is no problem in the department or Mr. Anderson’s use of funds.”

Resident Karen Westerberg encouraged the council to consider more than the financial risks of having Anderson return to his post. In March, prior to Anderson being placed on administrative leave, six city employees – at least two under Anderson’s supervision – were laid off without notice. 

Westerberg said she believed former Community Center Operations Manager Deb Smith was laid off based on a disagreement she had with Anderson, not for budgetary reasons as Gailey has stated.

“So, [Anderson] just settled an embezzlement charge outside of court, maybe that makes everything OK but what about the city personnel issues?” Westerberg asked the council. “We still have no answers, months and months later. I’m getting sick and tired of this.”

Councilors Maxine Beecher and Linda Boudreau both supported Hugh’s suggestion to wave the council’s rules of procedure in order to address Anderson’s situation. 

“It’s important to have him employed,” Boudreau said. “His performance had nothing in it that has challenged his qualifications for his position in the city.”

Other councilors were skeptical of the council’s ability to make a decision relating to employees that typically answer to the city manager. Councilor Tom Coward said he agreed Anderson should return to his position, but it was out of the council’s scope to welcome him back to work.

“The city’s actions were appropriate and measured,” Coward said. “I think he should come back. But, for us to vote on this – I think it would be an interference to the city manager’s duties.”

City Councilor Jim Soule criticized other members of the council for discussing city personnel matters in public, something typically reserved for private executive session. 

“I have requested and was denied the privilege of going into executive session to discuss this with the city manager,” he said. “It’s a little hypocritical to discuss personnel matters in the open, in public. I had no idea this was going to be addressed tonight. I’m not prepared for it and wouldn’t vote for it.”

The proposal to waive the council’s rules in order to consider Anderson’s leave was defeated in a 3 to 3 vote with councilors Hughes, Boudreau and Beecher in favor. Councilor Patti Smith was absent from the meeting.

   Staff Writer Nate Jones may be reached at 282-4337 ext. 233.