6 News Investigates: One and Done, The Search for a City Manager

JOHNSTOWN, Pa. - On a frigid, wintry Wednesday night in the middle of January, Johnstown City Council meets in an anything but tranquil setting.

"We need ideas. We need cooperation. That's what we need," council member Nunzio Johncola demonstratively said.

"We don't need opinions, what you think. It's good to think. But's let's go forward. Don't go backward."

Council member Charlene Stanton answered back after Johncola's speech.

"In order to move forward the basic concept is you must follow the law," she says.

Johncola interjects. "You keep saying 'charter'. 'Charter'. 'Budget'."

He ends with, "let's see some action."

The ongoing debate is a contentious meeting between the sitting five council members -- Johncola, mayor Frank Janakovic, Marie Mock, David Vitovich and Pete Vizza -- and the two newly-elected ones -- Stanton and Jack Williams. At the center of the debate: Melissa Komar. She's the city manager promoted from assistant manager to manager in a unanimous vote.

Without a recruitment process.

"They basically have ignored the city charter on more than one occasions," Williams said to 6 News Investigates. "It is the law of the land, the law of Johnstown."

"We had no formal interviews. There was no advertisement for this position. It was just a blink-of-an-eye, appoint her," Stanton said in an interview this week.

"Melissa is more than competent [...] we think she is the most competent person at this time," Janakovic told 6 News Investigates after the January 20th council meeting.

* * *

Tumultuous times.

Over the last two months, tumultuous times hit city hall. On December 4th, then-city manager Carlos Gunby resigned from office under suspicion of stealing funds from the city, Janakovic told 6 News in a press conference the same day as Gunby's resignation. Council turned the investigation over to the Cambria County District Attorney's office and hired an independent auditor, even after the city reported Gunby repaid $13,491. The DA's office would not comment on the case, as the investigation is ongoing.

In the news conference, Janakovic announced council "intends to vote to approve Ms. Komar as interim city manager" at the next council meeting.

Then five days later, council approved Komar as the full-time city manager.

For one full year.

But how the city appointed Komar has 6 News Investigates asking questions.

* * *

'Biggest job in local government in Johnstown'

"In a lot of ways, [the city manager is the] biggest job in local government in Johnstown," said Jud Mathews, an assistant law professor at Penn State Law.

In the past, the city has undergone a hiring process with the position. The process included advertising and recruiting internal and external candidates. But, Stanton and Williams, not this time.

"What was the hurry to appoint her?" Stanton questioned. "The city could well function in having an interim city manager, as has been past practices."

6 News Investigates brought the question to the mayor.

Janakovic: I think the city has said we have hired the most competent person at this point to fill this position.

6 News Investigates: But there's no application process.

J: There may be in six months.

In September 2014, city council met to discuss the progress of their hiring of a new city manager. A special meeting was called to expedite the hiring of a city manager. Michael Forman of the Department of Community and Economic

Development "summarized the application process noting that to date approximately 20 resumes have been received for consideration", according to the minutes. The minutes all show that Janakovic stated all candidates will be considered to make sure it's"the right person" and "he's against a rush decision".

"We were dealing with different circumstances this time," said Janakovic. "Having lost a city manager, as i said earlier, on many projects within the city, we needed somebody competent to step right in and not bring in someone that we had to train and hold their hand as we worked through projects."

* * *

Recruit for public office?

Did the City of Johnstown need to recruit for the public office?

For that, 6 News Investigates dug into state and city codes and looked into how similar localities handle the hiring of public officials.

Mathews called the process "largely unregulated at the state level".

"Pennsylvania state law gives a lot of latitude to individual localities to determine how they appoint public officials," said Mathews.

Inside Johnstown's charter is a personnel policy, which states the city is an "equal opportunity employer" and "the city shall select city employees from a broad applicant field [...] to assure that the city appoints the most qualified and competent applicants available."

"This is generally what the city should be trying to do," said Mathews. "But the language expressly doesn't get into the details."

Mathews says a city can choose to bind themselves with a recruiting process by writing it into their administrative code. But he says Johnstown didn't.

Johnstown did not recruit for its recent appointment of city manager. Mathews says while that may not be the best practice, Johnstown did not violate any state or local law.

"There's nothing in Pennsylvania state law that compels them to."

State code allows third-class cities to create their own laws, or a home rule charter. Right now, 53 Pennsylvania cities are classified as third-class cities in the state. At least 22 created their own home-rule charter, including Johnstown and Altoona, according to state records provided by the Local Government Services at the Department of Community and Economic Development. Both cities are considered Act 47 cities, or financially distressed. Altoona, too, searched for a new city manager recently in 2014.

* * *

'Best of the best'

"We wanted to get the best of the best. Because we felt like Altoona deserved that," said Erik Cagle.

Cagle is a member of Altoona City Council. He took part in the hiring process of City Manager Marla Marcinko. Cagle says the search went nationwide starting with the hiring of two interim managers during the process; the now-finance director of Altoona Omar Strohm; and Peter Marshall, a long-time government manager and consultant.

Altoona received 44 applicants for the job from Alaska and Florida to the Keystone state, according to records provided by Altoona's city clerk.

"We wanted to take our time, because we wanted to give the process justice and ultimately pick the right candidate," said Cagle. "To have somebody who has that balance with all those strengths is pretty hard to come by. We sought out DCED, as well as our Act 47 coordinator to help us with that service."

Just like Altoona, Johnstown sought out the DCED. The agency works to entice businesses to cities it helps and also gives advice to them on hiring quality employees. DCED tells 6 News Investigates it knew of Johnstown's plans to appoint an interim city manager. City Council advised them of the full-time appointment after the public vote.

* * *

DCED and recruitment.

"I know I was shocked [after the appointment of Komar]," said Stanton.

Stanton was at the December 9th meeting, but not as a sitting council member. She wasn't sworn in at the time. The next day, Stanton and Williams sent a letter to DCED questioning the vetting process and DCED's involvement.

DCED secretary Dennis Davin wrote back, saying in part, "one of these challenges moving forward will be the recruitment of a new city manager [...] This process would certainly involve widespread advertisement and candidate interviews."

6 News Investigates asked the agency about the letter to city council members.

A spokesperson wrote back, "The Department always recommends human resources best management practices, and will continue to keep the option open to work with the city on a formal manager recruitment and selection process as part of our technical assistance role in the Act 47 recovery program."

Mathews called their role a 'consultative one'.

"[The City of Johnstown] should engage in, what DCED says, 'widespread advertisement in candidate interviews,'" said Mathews. "I think it is somewhat concerning if the city is not following that guidance."

* * *

An action in mandamus filed.

"I definitely understand both sides of the situation at this point [...] What you have to focus on is the situation at hand," said Komar.

Stanton and Williams continue to question the hiring practice by the city and if Komar's work experience and education matches what is detailed in the home rule charter.

6 News Investigates: Do you think [Komar] has enough experience?

Stanton: No.

On January 26th, the two filed a lawsuit, an action in mandamus, against the City of Johnstown, Mayor Janakovic, councilmen Nunzio Johncola, Pete Vizza and David Vitovich and councilwoman Marie Mock. In the document. Stanton and Williams allege the city isn't following its own charter.

One code: the qualifications of a city manager, which states the person has to be "competent in public management", and "with a master's degree in governmental administration or the equivalent" and "five years of progressive, responsible experience in local government".

Komar could not comment on the pending lawsuit. But 6 News Investigates spoke with her six days before the lawsuit was filed. She spoke about her educational and work background, saying she has a bachelor's degree of geography from the University of Pittsburgh at Johnstown.

"I have 13 years of experience with the City of Johnstown. Through my time of my different positions i have worked with each department of the city and have learned and lived many of the day-to-day operations," said Komar.

Komar says her time in the position may not be long term. Other council members acknowledged this as well. Mock provided 6 News Investigates with a statement this week.

"There was no malice or intent to do anything bad. We needed a manager who has full authority, not interim authority," read the statement. "We have more important things we need to deal with than nitpick with something that's going to correct itself in the next few months."

"I didn't receive a five-year contract. A one-year contract to keep the city moving forward, day-to-day operations of the city," said Komar.

"If she applies for the position and is found to be the most qualified, most experience, well absolutely she should have the job," said Stanton. "But until then, until formal interviews are being conducted, how can anyone be assured that she is the most qualified?"

6 News Investigates reached out to city council about the lawsuit. Mock and Janakovic.

Janakovic spoke to 6 News Investigates Thursday morning. He said he spoke with the city's Act 47 Coordinator and DCED.

Speaking for himself and four other council members, Janakovic said, "the city intends to follow best practice. The best practice, right now, was appointing Melissa Komar to a one-year contract and then advertise and recruit in the next few months."

DCED continues to say it will work with the city on a formal manager recruitment and selection process as part of its ongoing role in the Act 47 program.