The lawyer representing beleaguered Burlington International Airport aviation director Gene Richards is calling his client’s termination hearing a “show trial” and asking that it be postponed — a request the city has denied.
Rich Cassidy, a prominent Burlington personal injury and employment lawyer, sent a letter to the city attorney’s office on Monday outlining a number of concerns about the fairness of the hearing, scheduled for Thursday, Sept. 9.
Burlington Mayor Miro Weinberger asked Richards to resign in late August after an independent investigator found that he had verbally abused and intimidated employees. But Richards, who has run the airport since 2012, refused. That prompted the need for a Burlington City Council termination hearing. It would take eight votes — two-thirds of the 12 councilors — to remove Richards from his position.
Cassidy wrote that Richards is still waiting to receive essential information about the investigation into his conduct. He also asked for a more robust hearing process that allows for witnesses and cross-examinations. Cassidy said a postponement is needed to allow more time to prepare for the hearing.
“In more than 40 years of law practice, I have never been personally involved in any proceeding that more resembles a show trial than the process that your letter purports to establish,” Cassidy wrote in response to the city’s outline of the hearing.
Samantha Sheehan, spokesperson for Weinberger, told VTDigger in an email that the hearing will not be postponed, despite Cassidy’s concerns.
“The city rejects the criticism that the termination hearing is a show trial. It is not a trial at all; it is a termination hearing — the process required to separate employment of a department head as defined by city charter,” Sheehan said. “For a trial to take place, Mr. Cassidy would have to file his paperwork across the street” in the courthouse.
In a phone conversation with VTDigger Tuesday, Cassidy said it’s disappointing that the hearing won’t be delayed. He said he doesn’t think the mayor has treated his client fairly.
Cassidy said it seems Weinberger is “terminating my client because my client has been disrespectful and abusive in dealings with his employees, [but] the mayor is being disrespectful and abusive toward Gene Richards.”
In his letter, Cassidy alleges the mayor’s office has not provided a copy of the full investigation report into Richards’ conduct that he was told existed in a longer format. Sheehan said the investigator’s complete report was provided to Richards and Cassidy on Sept. 2.
Cassidy said he’s also waiting to receive any notes and recordings of his client interacting with employees, evidence that the mayor allegedly told Richards existed. He has filed records requests for further information but was told that city staff would need until Sept. 13 to fulfill the request, “conveniently after the scheduled hearing,” Cassidy said.
He alleges that the mayor is “hiding evidence.” Sheehan told VTDigger that city staff members are working “diligently” to fulfill his request.
Cassidy requested Richards’ personnel file, drafts of the investigation memo, the investigator’s invoice, a petition signed by AFSCME airport union members and 1,500 documents used to inform the investigation into Richards.
Cassidy also objected to the limited amount of time — 15 minutes — that both the city and Richards’ legal team have to make their case to the city council. Cassidy argues he should be allowed up to four hours to make a case for Richards and allow witnesses and cross-examinations.
Cassidy told VTDigger that, with his client’s blessing, he plans to ask councilors for a postponement at the beginning of Thursday’s hearing.
Sheehan said there’s no legal precedent in city procedures that would allow cross-examination of witnesses. Based on this history, she said, City Attorney Dan Richardson has not recommended the cross-examination of witnesses at the city council hearing.
City Council President Max Tracy, P-Ward 2, said he currently thinks the hearing should move forward as scheduled. He said he thinks the hearing’s current formation is fair.
“I’ll listen to their arguments and make a call then,” Tracy said. “But I do think that we need to take the step of actually convening on Thursday.”
Tracy said witnesses are allowed — a fact confirmed by Sheehan — but only during the 15-minute time frame each party is allowed. Sheehan said cross-examination is not allowed, but council members can ask questions of witnesses.
In response to Cassidy’s letter to the city, AFSCME Local 1343 President Ron Jacobs told VTDigger via email that he thinks Richards is being shown “a lot more considerations” than airport workers are shown when they allegedly violate city rules.
“Although the nature of the hearing process is up to Mr. Richards and the city government,” Jacobs said, “it sounds like Mr. Richards seems to think that he should have special rules for his hearing.”
