Stiebeling’s Lawsuit Against County, Odell Dismissed
A lawsuit filed by former Putnam County Bureau of Emergency Services Commissioner Adam Stiebeling was dismissed, finally closing a chapter that sent the emergency services community into further turmoil since the start of the New Year when Stiebeling lost his job.
Putnam County State Supreme Court Justice Victor Grossman rendered the decision on June 3 to toss out the lawsuit against the county and County Executive MaryEllen Odell, citing a technicality in which Stiebeling failed to file an oath of office 30 days after he was appointed back on Dec. 27, 2012. While Odell had asserted she had the authority to relieve Stiebeling of his duty because his term expired, the six-page decision states Stiebeling’s case was thrown out because he signed his oath of office on March 29, 2013, “well beyond the 30-day limit” to sign the oath.
“The oath’s significance is a fundamental aspect of the role of a public officer; its omission is not a technical defect that can be waived,” Grossman wrote.
Stiebeling fired off a lawsuit on Jan. 30 after Odell informed him he no longer had a position with the county only a few days into her new term in office. Stiebeling’s attorney, Michael Sussman, alleged Odell didn’t have the authority to push Stiebeling out because she needed two-thirds approval from the Putnam County Legislature to take that action.
The lawsuit created difficulties in getting new emergency services commissioner Tony Sutton confirmed by legislators after Odell appointed him at the State of County in March. He is right now acting commissioner.
“I like the idea of moving on, moving forward, giving the acting commissioner permanent status,” Odell said. “We have a lot of work to do right now.”
Odell added, “It’s a relief to know that the decision went in our favor and we’ll take heed to what the judge said about legislature now clarifying their position on the county charter.”
In an email, Sussman said he and Stiebeling didn’t know yet whether they would appeal the ruling, as of Friday afternoon.
“The dismissal hardly upheld Adam’s dismissal/termination. Indeed, it says that Adam did not hold his position because of a technicality which neither he nor the County Executive knew about,” Sussman stated. “So, technically, he was not terminated; he was not legally holding his position according to the Judge. The decision makes clear that the County Executive provided no credible reason for her action and that a strong argument can be made that the legislature must confirm any termination.”
While Grossman, a Democrat, sided with the county regarding the lawsuit, he had no problem admonishing county officials including Odell and legislators for how the last few months played out. Grossman wrote Odell “should not view this determination as a victory.”
“Her actions herein had nothing to do with the absence of the oath, and certainly, (Stiebeling) was allowed to act as commissioner for an extended period of time with questionable authority while a technical vacancy existed, at least until Odell decided otherwise,” Grossman wrote.
Grossman, who was once a legislator, also recommended the legislature “as a policy-making body,” discuss make revisions to the County Charter to “address the separation of power issues, as the issue raised by (Stiebeling) may recur and the court may be compelled, in the future, to address the merits that cannot be reached at this time.”
Two legislators that voiced criticism when Stiebeling lost his position believe another look must be given to the charter going forward.
Legislator Roger Gross said, “I think there has to be a review of the charter in this area.”
Legislator Dini LoBue said in an email, “It is obvious that Judge Grossman has pointed out that there is a defect in the Charter which needs to be addressed.”
