Employee seeks open hearing on charges BY MICHAEL ACKER Staff Writer SAYREVILLE - A borough employee facing disciplinary charges is fighting to have the borough conduct his job status hearing in an open public forum. Michael Gianotto, code enforcement director and construction department official, told the Suburban that he wants proceedings, which could result in his termination as a borough employee, to be open to the public. His wish was not granted Tuesday when a brief hearing was held behind closed doors. It will now be up to a judge to determine whether the next such hearing is open or closed. Borough Business Administrator Jeffry Bertrand said the hearing could not be public because it is a personnel issue and is a matter of litigation. "We are not really discussing anything that took place in there," Bertrand said of the hearing. "We do not discuss personnel under litigation. That has always been the borough's policy." Gianotto said he views his legal expenses as his own and not the borough's. "It is on my pocketbook," Gianotto said. "Not on the town's or the union's." David Brook, Gianotto's attorney, said the conference ruling was delayed and the matter of whether the hearing will be open to the public will soon go before the state Superior Court in New Brunswick. "The information that we are going to present will hopefully be compelling enough to convince them to allow this thing to be open," Brook said. "It is one of the critical pieces of the whole hearing to allow it to be open." According to a document provided by Brook, the charges Gianotto faces include failing to safeguard and account for plans for construction projects, threatening reprisal toward a local architect in the presence of the architect's son who is a subordinate employee, and repeatedly being absent from the performance of his duties without explanation or with false explanation as to his whereabouts. "This is politically motivated by the B.A. [Business Administrator Bertrand]," Brook said of whether the hearing is open to the public. "… The only person that stands to risk by having this out in the open is Mr. Gianotto," he said. A Jan. 9 letter signed by Bertrand also charges that Gianotto failed to comply with directions and recommendations given by Bertrand, who is Gianotto's direct supervisor. Gianotto also allegedly failed to properly oversee the performance of his subordinates' hours of work and attendance, used a borough vehicle for a personal reason, and took unauthorized vacation without prior notice. "Nothing alleged is supportable in any way," Brook said. "That is why we want it open. My concern is that if it is a closed-door type of hearing, it won't be a fair hearing." The infractions the borough has alleged against Gianotto are not clear enough, Brook said. "They say stuff and I don't know what they are saying," Brook said. "Until someone testifies, we are not going to know what they are talking about." Gianotto, who has worked for the borough since February 2004, has not been subject to disciplinary action until now, Brook said. "He has a spotless work record," the attorney said. Brooks alleges that borough officials including Bertrand told Gianotto to ignore violations and improperly issue construction permits. Brooks said this has led to the borough's attempt to terminate Gianotto. "It doesn't matter who you work for, you have to comply with the laws of the state," Brooks said. "I think that is what led to friction, [which is] where we are now." Brooks described Gianotto's work conditions as hostile. "The unprofessional behavior in the town, led by the business administrator, creates a hostile work environment," Brook said. Bertrand told the Suburban that allegations of "misconduct" and "unprofessionalism" on his part are untrue. "It is completely outlandish," Bertrand said. "I am not in the field to ask people to do things that they are not statutorally capable to do." With regard to the issuance of permits, Bertrand said he defers to the experts and instructs them to notify him if they have a better suggestion. "That is their certification," Bertrand said. "I don't mess with people's certifications."