By Mike Murphy
Daily Messenger
CANANDAIGUA, N.Y. — The hearing officer who presided over two days of testimony in February recommended that suspended Canandaigua Fire Chief Mark Marentette be demoted and no longer serve as fire chief, but did not recommend his termination as the city decided last week.
Although the officer, Alan P. Reed — who also is Steuben County attorney — was strongly critical of Marentette on the charges that ultimately were sustained, Reed stated in his ruling that “finding has not been adequately established to justify dismissal.”
Assistant City Manager John Goodwin, who made the decision because City Manager Ted Andrzejewski was a witness in the hearing, declined to comment beyond a notice of determination addressed to Marentette.
In the notice, Goodwin said the sustained charges of insubordination and violations of the purchasing agreement are “severe and substantial, especially when committed by a tenured Department Head” and agrees that Marentette should no longer be fire chief.
As reasons for Marentette’s dismissal, Goodwin noted: “Given the gravity of the misconduct, previous disciplinary record, unsuccessful attempts to remediate misconduct, and loss of trust, the penalty imposed on you is dismissal from service with the city of Canandaigua, effective April 18, 2017.”
Marentette, who was being paid during the hearing process, is no longer on the payroll, according to his attorney, Michael Harren. The salary budgeted for the fire chief this year is $84,858.
Marentette, who was appointed fire chief in 2011, was suspended without pay for 30 days in January.
Marentette referred questions and comment to Harren, who said the determination may be appealed or an action brought in court.
“He’s really disappointed,” Harren said of Marentette. “He feels the charges were unwarranted.”
Many of the charges brought against Marentette were dismissed, including a charge of dishonesty for reporting the award of 11 hours of so-called “sleep time” to an employee who traveled out of state to retrieve a city fire truck. Another charge alleged a false report was submitted, and the report was determined not to be falsified, according to the ruling.
One charge of insubordination also was recommended to be withdrawn or dismissed.
An alleged violation of chain of command at an emergency incident at Canandaigua Lake and a stalking charge related to his estranged wife also were ordered withdrawn or dismissed.
Alleged violations of procurement policy — related to purchase orders being submitted before work was performed and/or without city manager approval — and one of insubordination related to not following the city manager’s directives were sustained.
Related to the procurement charges, the hearing officer noted the charges are “substantial because it relates to maintaining the integrity of public funds” and the “misconduct was intentional and willful in the face of unambiguous direction,” according to Reed’s ruling.
Reed, in the papers, noted an “Employee combative in working with other key city employees” and a “distinct possibility of continued recalcitrant conduct.”
Harren said the hearing officer cleared Marentette of most of the charges and characterized the remaining charges as “alleged record-keeping errors” that do not appear to be that severe.
“It is a little difficult to reconcile” the termination because Marentette was cleared of a majority of charges, Harren said.
“What appears to have happened is the facts and the charges dismissed had no effect on the city’s decision,” Harren said.
Acting Chief Ben Cramer is leading the department of nine career firefighters, including four captains and five full-time firefighters.
Goodwin said in the notice of determination that there are no vacant, funded full-time positions available in the department for Marentette to be demoted to.
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