Following an 80-minute closed session, the City Council voted unanimously April 16 to suspend City Manager Edward Hynes “indefinitely” without disclosing any reason for the suspension, based on advice from the city attorney.
Opening the meeting at 8:20 p.m., Council President Katharine Glynn said based on the City Charter, the council was suspending the city manager. Regular meetings generally start at 7:30 p.m.
‘Taking action tonight’
After apologizing for a delay in the meeting’s start, Glynn and the city attorney spent about 90 seconds on the move to suspend Hynes.
“I also want to mention that we’re taking action tonight pursuant to the City Charter to suspend the city manager,” said Glynn, as residents erupted into scattered applause.
About 80 residents filled the municipal court room where City Council members meet, with at least a dozen requesting more details about Hynes’ suspension during a public comment period.
Acting City Attorney Levi Kool of Huntington Bailey (regular city attorney William Bailey was absent) said based on the City Charter, the council can suspend the city manager “from duty by resolution thereafter adopted.”
A public records request for the resolution submitted early April 17 was not returned by press time April 19.
Another public records request for Hynes’ city manager contract was not returned by press time.
“That suspension is now effective immediately and for an indefinite period pending any further action by the council,” said Kool.
Neither Kool nor Glynn would say if Hynes was suspended with or without pay nor provide a timeline for further council action regarding Hynes.
Glynn told one resident she would provide more details about Hynes’ suspension at the council’s next workshop meeting May 7.
According to the city charter, the council can use a resolution to suspend the city manager from duty or to limit the manager’s powers. In either case, the manager “shall continue to receive his salary” and in the event that a resolution for removal is approved, the manager is “entitled to receive salary for the next three calendar months” following resolution adoption.
The charter also states should council decide to remove the city manager “at least 30 days before such removal shall become effective, the council shall, by a majority vote of the full membership of the council, adopt a preliminary resolution stating the reasons for removal.” The city manager may request a public hearing on the decision, if desired, and one is required within 30 days of such request in writing, states the charter.
Following the suspension vote, residents alleged that the suspension was related to Hynes’ actions to hire 12 firefighters without the council’s approval, following a contentious meeting April 2 where council members assured residents that non-resident firefighters had not been hired.
Several firefighters alleged April 16 that candidates hired as firefighters were fitted for gear and provided a day of training at the firehouse April 8, but then received a letter from Englewood stating that they could not start at the Fire Academy because the city did not yet have an annual budget.
Based on at least one source who provided Northern Valley Press a copy of a letter dated April 11—written by Hynes to one of 12 non-resident firefighters—it stated the city “cannot offer you employment as it is currently preparing its budget for the fiscal year.”
The letter also stated the previously hired firefighter could not attend the Fire Academy, which started April 15. The letter was copied to Fire Chief Erik Enersen.
Several residents and sources confirmed that at least seven lawsuits were planned or filed against the city due to the city manager’s letter withdrawing the hiring of 12 firefighters.
‘Personnel matter’
Despite residents’ questions on why Hynes was suspended, Kool said the suspension was a “personnel matter” and advised members not to divulge details.
He said he would discuss when suspension details might be released with city labor counsel Genova Burns.
Efforts to seek further comment from Kool were not returned by press time.
One Third Ward resident asked how long an “indefinite suspension” was, whether Hynes was being paid, and if he could possibly be rehired.
Kool said he advised members “not to make comment at this time.”
Resident Curtis Caviness said he had “sympathy” for City Clerk Yancy Wazirmas, who temporarily will handle Hynes’ city manager duties. He questioned why residents were not told more about Hynes’ suspension.
Caviness said if Hynes was being paid while suspended “he’s on vacation” and questioned how much work was being pushed onto Wazirmas during Hynes’ suspension.
“Obviously he did something egregious to the point of being suspended,” said Caviness following the meeting.
He surmised Hynes’ actions to hire 12 non-resident, all-white firefighters despite the City Council’s desires not to hire the firefighters led to his suspension.
Hynes was then forced to reverse the firefighters’ hiring with a subsequent letter.
One Englewood firefighter, John Escobar, who said he was “a non-resident,” said that 12 firefighters were hired, fitted for gear “and three days later, they get a letter for budgetary reasons” and were then not hired.
He said 12 firefighters hired left their jobs to come to Englewood and that’s not right.
“These guys left their jobs…You guys are screwing people’s lives. How dare you? Who would do that as a human being?” he asked.
He said the fire department is “30 percent short” and local developments should be notified of safety risks from a lack of firefighters to respond.
Previously, Hynes had come under criticism from council members for making inaccurate statements or unapproved actions during council sessions.
A recent example involved Hynes’ decision to donate an older, well-worn piece of fire apparatus without council approval.
Following the meeting, council members declined comment.
“Honestly, I’m excited about a new chapter. When one closes another one opens,” said Wildes after the meeting.
He said he wished Hynes well, thanked him for the good he did for Englewood and was “looking forward to next steps for the city.”
Hynes’ hiring divisive
Hynes was hired for a two- year period on Nov. 27, 2017, by a 3-2 vote at a contentious meeting in Russell C. Major Liberty School before nearly 100 residents, many who spoke against his hiring.
Later, by the same vote in December, his two-year contract was revised to “an indefinite period” as required by the City Charter.
Hynes was paid $193,000 yearly, plus a car allowance of $400 monthly and 20 vacation days.
Councilman Charles Cobb and then-Council President Wayne Hamer opposed Hynes’ hiring then, charging the three other council members intentionally excluded them from deliberations about the hiring.
Cobb said then that Hynes’ hire was being done “at the taxpayers’ expense” and that “residents deserve better, you deserve a process…the people deserve a search.”
Hynes had served as interim city manager since April 2017 when former manager Timothy Dacey, who served for six years, left for a position in Piscataway.
According to the city website, some city manager duties include: negotiating contracts; undertaking city improvements determined by council; making recommendations and reports to council; attending all council meetings; preparing an annual report of work completed; and preparing the annual city budget.