Editor’s note: The Erie Town Council had decided to continue a discussion about the town manager in a special meeting scheduled for Feb. 17. The below story was prepared before the meeting, for the Daily Camera’s print issue. The Camera may publish more coverage of this topic this week.

The Erie Town Council has been discussing Malcolm Fleming’s position as town manager after Mayor Andrew Moore called for a change in leadership, prompting a divided response among council members.

The town manager serves at the will of the council, meaning council members would need to vote to amend, continue or terminate Fleming’s contract, according to town spokesperson Gabi Rae. Fleming previously served as Louisville’s city manager for about 10 years before joining Erie, according to his LinkedIn profile.

The Feb. 10 discussion around Fleming’s contract was scheduled as an executive session, a type of meeting that is closed to the public. But Councilmember Emily Baer asked that the discussion be held in a public session instead. Fleming agreed to make the discussion public.

Because the discussion was brought into a public forum, council members could have voted on whether to continue or end Fleming’s contract at that meeting, Rae said. But several council members said they had not had enough time to review Fleming’s most recent performance evaluation, which they received that afternoon.

The council ultimately decided to continue the discussion in a special meeting on Feb. 17. It was scheduled as an executive session.

Mayor suggests leadership change

In an email sent to council members the day before the Feb. 10 meeting, Moore wrote that he had raised the topic of “moving in a new leadership direction” during a Dec. 16 executive session and believed it needed to be revisited. Moore read the email aloud during the Feb. 10 public meeting.

“I recognize that I caught the council off guard in December when I raised the topic of moving in a new leadership direction,” he said.

Moore’s email said while Fleming has “awesome strengths,” he also has “critical gaps.”

“I’ve concluded that it is time for a change at the top,” Moore read. “Someone who would bring a new energy to set a new vision grounded in our (town) survey, comprehensive plan and council input.”

Moore accused Fleming of “leadership by omission,” referring to staff’s handling of town matters including a $19 million parks and open space facility proposed by staff, as well as details about a lawsuit regarding the Red Tail Ranch property, brought by a developer against the town after a proposal for a residential neighborhood was denied. He also brought up the exclusion of town volunteers from a holiday party in December.

Councilmember John Mortellaro echoed concerns about Fleming’s communication, and Mayor Pro Tem Brandon Bell said there were some topics he would rather not discuss in a public format.

Bell also said he did not believe Fleming had committed a “terminable offense” and that he would “be perfectly happy to to continue working with” Fleming if that was the outcome chosen by the council.

“There have been struggles in that relationship between mayor and town manager,” Bell said, adding: “Usually in these situations, one person’s never 100% right and one person’s never 100% wrong.”

Performance evaluation

Other council members pushed back on the timing of the discussion.

“For me, I like to make a decision like this with all the information and be able to absorb it,” Councilmember Brian O’Connor said in the Feb. 10 meeting. “With us only getting the 360 performance evaluation this afternoon, I haven’t even had a chance to open it.”

Councilmember Dan Hoback criticized the timing as well, calling it “incredibly inappropriate” that council received the evaluation the same day as the scheduled discussion.

Hoback said the performance review included broad praise for Fleming’s leadership along with some areas for improvement, with Hoback describing it as “a very good review.” He also pointed to contract negotiations that last year reduced Fleming’s potential severance from 12 months to six months in order for him to receive a 6% pay increase.

“There’s been sort of a target on Malcolm’s back,” Hoback said, adding: “It was reflected in last year’s negotiation only a month or two into this administration.”

Anonymous comment

Baer said she was frustrated by Moore’s renewed push for a leadership change after what she described as prior council direction in December not to move forward with that path.

“We are a council-representative democracy,” Baer said during the Feb. 10 meeting. “That’s not how this works.”

Councilmember Anil Pesaramelli added that any decision should be tied to measurable goals.

“It all looks like you want a ‘yes man’ and you’re not finding it here,” Pesaramelli said.

Pesaramelli read from Fleming’s evaluation an anonymous comment from a respondent that said: “The mayor screams at Malcolm and is very degrading to him. The mayor also speaks poorly of other staff and other council members. Staff can hear the mayor yelling at Malcolm through the walls even when the door is closed.”

(Input on the “360” evaluation had representation from the Town Council and some staff, including the two deputy town managers, according to Rae.)

Moore disputed those points.

Responding to the anonymous comment, Baer said: “I believe this is a pattern of behavior.”

“It has been my experience as well,” Baer added.

Near the end of the meeting, Moore said: “You’ve seen me get passionate when I have excitement or when people lie … I understand though on the other side … that I need to temper that.”