In the ongoing saga regarding Burlington Telecom being given $17 million by the City of Burlington, in contravention of the company’s Certificate of Public Good, Burlington City Councilor Ed Adrian today called on Mayor Kiss to place Chief Administrative Officer (CAO) Jonathan Leopold on administrative leave.

Adrian lays out the case for leave with straightforward language:

The CAO’s own public admissions in respect to BT, clearly establish the following facts: 1) he deceived the Council (the corporate board for BT) by omission; 2) for a period of at least six (6) months; 3) that he purposefully and willfully violated BT’s certificate of public good; 4) by moving millions of dollars from the City’s cash pool. Again all of this was done without approval (i.e. a vote) by the Council. Please note that when I indicate that CAO Leopold acted illegally, I am not alleging that he has engaged in any criminal wrongdoing; however, it is entirely clear that he intentionally violated the CPG, thus breaking the law and thereby acting illegally.

Burlington Telecom has provided a great service to the city of Burlington. This fact is not being questioned – even if some of those involved in the situation may have a tendency to fight against any organization whose primary goal is providing public benefit without skimming off tons of corporate profit.

The question of the moment is: How should the city deal with it’s Chief Administrative Officer single-handedly appropriating millions of dollars to an entity without approval of the City Council (and the questions that arise from the City Council’s retroactive acquiescing to such action)?

(Full text of Adrian’s letter follows)

For those looking to read more, additional details can be found at 7-Days and Vermont Daily Briefing.

COUNCILOR ED ADRIAN

35 BROOKES AVENUE

BURLINGTON, VT 05401

(802) 233-2131

Mayor Bob Kiss

Room 34, City Hall

Burlington, Vermont 05401

RE: Administrative Leave for CAO Jonathan Leopold

Dear Bob:

Based on his public statements about the actions he has taken since bringing the

management of Burlington Telecom (BT) into the CAO’s office in November 2007, I am

respectfully asking you to initiate a full investigation into the circumstances surrounding

the management of BT and to place CAO Jonathan Leopold on unpaid administrative

leave pending the outcome of the investigation.

I do not take my responsibility in writing this letter lightly and I do so only after having

consulted with many attorneys and dozens of thoughtful members of the community. I

also understand that, because I am the messenger, you may see this letter as “political

maneuvering.” While partisan politics is not at all my motivation in writing this letter, the

process in and of itself makes this a political situation. I have consulted with Ken Schatz

and asked him what it would take to initiate proceedings against a department head.

Attorney Schatz has advised me that disciplinary proceedings with respect to department

heads are controlled by City Charter Section 129, which essentially provides that only the

City Council and/or the Mayor may initiate disciplinary proceedings against a department

head. Thus, unlike “at will” or union employees, disciplinary action against department

heads are “politicized” by the plain language of the City Charter which only allows

elected officials to take such action.

With that being said, I wish that this letter were coming from someone other than me. I

hope you understand that whatever I do and however I do it, it is because I think it is in

the best interests of my constituents and the City as a whole. It is thus after weeks of

careful thought and consideration that I am respectfully requesting that you place CAO

Jonathan Leopold on unpaid administrative leave pending a full investigation into the

circumstances surrounding the handling of Burlington Telecom.

The CAO’s own public admissions in respect to BT, clearly establish the following facts:

1) he deceived the Council (the corporate board for BT) by omission; 2) for a period of at

least six (6) months; 3) that he purposefully and willfully violated BT’s certificate of

public good; 4) by moving millions of dollars from the City’s cash pool. Again all of this

was done without approval (i.e. a vote) by the Council. Please note that when I indicate

that CAO Leopold acted illegally, I am not alleging that he has engaged in any criminal

wrongdoing; however, it is entirely clear that he intentionally violated the CPG, thus

breaking the law and thereby acting illegally.

The CAO’ s own statements conclusively establish that he misappropriated millions of

taxpayer dollars and mislead the Council and the public for an extended period of time

about this illegal diversion of city funds. If these admissions do not by themselves

demonstrate dereliction of the CAO’s official duties, meriting an imposed absence

pending the outcome of an investigation, than it is difficult to imagine what does.

Certainly your own precedent in suspending a City employee pending the investigation of

issues involving far less money and infinitely less jeopardy to taxpayers demands this

action at the very least.

Bob, we are at a crucial turning point in Burlington’s history. BT may still be a viable

venture for Burlington, but it has become clear to me over the last month that it has been

mismanaged and that the CAO is responsible for this mismanagement. Success can never

be claimed if it is founded on illegality. For the people of Burlington, the City, and BT I

would encourage you to move forward and support a leave of absence for the CAO and

an independent investigation that will determine the mistakes that were made and keep

BT from making similar errors in the future.

Please do not hesitate to give me a call at 233-2131 if you have any questions or

concerns. I hope that you, I, and the rest of the Council will be able to work together to

continue to move BT and the City forward. For now, I remain,

Very truly yours,

s Ed Adrian

Ward 1 City Councilor

Cc: City Councilors