Members of the Town Board say McKenna, a fellow Democrat, didn’t tell them that 31-year-old Michael Innello was a sex offender when they voted to hire him for a maintenance position back in March. Innello was convicted in 2020 of possessing child pornography and sexually abusing an unconscious woman. He was released on parole in December.
During an explosive meeting last week, Councilmember Anula Courtis introduced a resolution that would fire Innello. McKenna initially refused to discuss it, calling it “illegal,” but a majority of the board voted to pass it.
More than a week later, however, Courtis says Innello is still on the job.
“The supervisor has ignored the resolution," she says. "He has not submitted the appropriate personnel form in, and has asked this employee to show up to work. And he's told members of the community to spread it far and wide that he’s here and he's staying."
In a statement on Monday, McKenna said the town had no grounds to fire Innello, and that doing so over his criminal record could be a "civil rights violation."
Speaking with WAMC, McKenna says Innello has been a good employee in a role that has been difficult for the town to fill. The job, which McKenna says involves outdoor maintenance and picking up garbage, is a union gig paying $21.35 an hour.
“The hiring practices were followed," he explains, adding that he first learned about Innello early this year. "He came in, he was very honest. He gave the number of his parole officer, I contacted her and explained the position. She said that it was a wonderful fit…In the spirit of Woodstock being a progressive, open community who always gave people an opportunity, I offered him the job.”
Courtis and Councilmember Bennet Ratcliff say their resolution did not explicitly fire Innello for his criminal record, and that the town does not need to list a specific work-related grievance to fire him during his six-month probationary period.
"The resolution was very clear: "The employment of Michael Innello as laborer is hereby terminated effective immediately on the basis that he is unable to complete his probationary period,'" Ratliff explains.
“No one’s looking to discriminate against this individual," says Courtis. "But we have a requirement to consider that criminal history when making an employment decision. And the supervisor took that opportunity away from us.”
In response to councilmembers’ claims that he withheld Innello’s record from them, McKenna says they didn’t ask. He adds in his Monday statement: “Failure on their part to do so is not withholding information on my part.”
McKenna says it’s true that the town may not need a reason to terminate a probationary employee, according to civil service law — but he says that’s not the case with Innello’s union contract.
“The union contract clearly states, ‘in the event the employee’s performance or conduct is not satisfactory’" he explains.
McKenna says Innello’s probation period expires in September.
Ratcliff maintains McKenna does not have the power to veto the board resolution passed last week. McKenna argues his decision was common sense.
"I believe that the town will be put in harms way if I follow through with this resolution," he notes. "The union, by the way, their stance too is that there's no grounds for termination. They will fight this."
Ratcliff says the Board is considering its options going forward. He says their ability to speak with HR consultants or attorneys may be limited, as McKenna initiated a spending freeze over the weekend, citing the board’s failure to pass resolutions paying certain bills during last week’s tumultuous meeting. Ratcliff, Courtis and Councilmember Maria-Elena Conte abstained from voting on all other resolutions in an effort to force discussion on Innello’s proposed termination.
Courtis has called on the board to meet in an executive session to discuss the situation and examine whether there is a risk to public safety. As of Wednesday, McKenna tells WAMC a pair of meetings with an arbiter have been set for August 18 and 22.
“To come in and hear both sides, and let him make a decision if there’s justification for the termination. And I’ll abide by that," he says. "If I misjudged my constituents, then I do apologize. But I do believe in my heart that a majority of the Woodstockers still believe in second chances and opportunity for people who have done wrong, paid the price for it, and asked for redemption."
McKenna is not seeking a fifth two-year term in November. Courtis is running for the seat with the Democratic Party nomination.
In 2014, Woodstock removed questions about criminal history from its job application. Courtis says she believes in giving people a “fresh start,” but it’s clear to her that the town needs to reexamine its hiring practices.
“Ironically, prior to this matter coming up, I had already spoken with consultants about reforming our human resource law — again, completely unrelated to this," says Courtis. "But our laws are outdated, and we need to update them and have a lot more transparency than we currently do.”
