Newport Beach’s former finance director has submitted a claim versus the town, right after acquiring been fired last November, alleging city officers are concentrating on older staff.
Dan Matusiewicz filed a declare from the town alleging a violation of the Reasonable Work and Housing Act on Apr. 30.
On Oct. 21 of last year, Matusiewicz was put on administrative leave, and on Nov. 2, Matusiewicz was fired, right after 28 many years in his situation.
When arrived at for remark, Matusiewicz stood by his claim and reported he is remaining represented by Dennis Wagner of Wagner, Zemming, and Christensen.
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In the assert he filed, Matusiewicz claimed that City Manager, Grace Leung, specific older staff, “potentially with a goal in mind to cut down prices, stay away from spending gains, or churn workers with larger pension rewards for reduced tiered pension gains.”
Leung has denied Matusiewicz’ claims and reported that his termination was completed lawfully.
“If you appear at the distinct allegations that are being created, you can see that there is no factual basis for these allegations. Of the listed personnel, only the claimant has been terminated. The overall management crew that reports to me is above the age of 40 and I have personally hired two harbormasters, promoted a fireplace chief, and employed a finance director who are all more than the age of 40. To say that I am biased in opposition to men and women centered on age is simply not supported by the facts. The termination of the claimant was justified for a wide variety of legit company reasons and I stand behind my determination.”
In his claim, Matusiewicz wrote that Leung “became agitated and significantly hostile towards him [in 2019] and commenced to obsess over finance staff members customers and their get the job done and ages,” in accordance to the 12-web page assert doc he submitted with the Metropolis of Newport Seashore.
On April 10 of very last yr, the independent auditing company, Moss Adams, identified “purchasing as a large-hazard region of concern, recommending in part that the Metropolis employ the service of added procurement staff to offer enough guidance and back again-up,” in accordance to Matusiewicz’ claim.
Immediately after this report arrived out, Matusiewicz alleges in his assert that Leung and the Deputy Assistant Metropolis Supervisor held non-public meetings with Moss Adams, in which the finance office workers was not incorporated, and where the company was “coerced to take away the recommendation” to use extra employees.
According to the assert, on June 10, Moss Adams was setting up to further examine the finance division but they had been replaced by Assistant Metropolis Manager, Carol Jacobs, who performed the audit.
In the last report established by Jacobs, Matusiewicz’ assert alleges that Leung included a revision which said that “there is at this time a lack of proper administration and supervision of the warehouse and staff.”
In addition, Matusiewicz wrote in his claim that he was notified by Leung that his evaluation was going to come about a few months before than ordinary. He was not provided the analysis ahead of time, which was against customary follow.
Matusiewicz mentioned that the last score of his evaluation was considerably lower than his past evaluations, his assert states.
He writes in his claim that in the evaluation, Leung wrote that Matusiewicz “recognized the underperformance of two other staff, one in the warehouse and the other a senior manager, but has not taken to the proactive ways to take care of their functionality.”
Matusiewicz denies in his assert any general performance troubles relevant to these workers.
He wrote in this claim that “Leung produced it clear she needed [him] to self-control and or terminate these personnel, based mostly on age and tenure at the City” and “the Town Supervisor and City Council ratifies and condones harassment, intimidation, and retaliation inside the workplace to lower fees and stay clear of paying rewards.”
Mayor Brad Avery said he experienced in no way witnessed discrimination in his time at Metropolis Hall, and showed his help for the Town Supervisor.
“As Metropolis Supervisor, Ms. Leung has a duty to lead the firm and I imagine she has performed an excellent position of making certain that workforce are addressed rather and that a culture of intolerance is not authorized to develop.”
Matusiewicz is trying to get reimbursement for resources made to the Retiree Wellbeing Price savings strategy, as perfectly as, damages for emotional anxiety, his wage reduction, and “punitive damages as vital to punish people today who violated the rights of Matusiewicz with malice, fraud, and oppression,” according to his assert.