Citing Invalid Contract, Council Fires Golf Course Director

The Borough Council voted to terminate its Director of Operations earlier this month after finding that his contract was invalid.

The position should have been put out to bid before it was awarded to Gary Pucci, said Brian Giblin, Borough attorney. Under municipal law, any contract worth more than $39,000 has to be put out to bid.

Pucci's contract was worth $70,000 a year. Legally, he was an independent contractor and not a Borough employee, since his position wasn't created by ordinance. 

The Council voted to terminate him Feb. 1, shortly before his contract would have expired in mid-March, and just after Councilman Michael Rohdieck began exploring other management options for the golf course, which suffered decreases in memberships, registrations and rounds of golf last year.

Rohdieck said the Council would have voted the same way, regardless of how much time was left on the contract, because it was awarded improperly.

"The Mayor and Council can't just sit on it," he said. "We have to do something with it."

Pucci had little to say after he learned about the Council's decision. Had he fulfilled the contract, he would have finished his fifth year as director, managing about 50 people.

Because of the expected changes to the golf course's management, he didn't expect the Borough to renew his contract.

"I may speak to a lawyer," he said. "But right now I don't know what to say."

At the Feb. 1 work session, Mayor Richard LaBarbiera expressed concern that there other contracts similar to Pucci's. 

"I find it interesting how this is the one contract to date that has been singled out," he said.

It was Pucci's mention that his contract would end soon at a meeting about the golf course's future that led Rohdieck to examine Pucci's contract. The Borough is now reviewing all of its contracts to ensure they are valid.

Pucci's responsibilities at the golf course have been divided among a number of people. Rohdieck said Pucci's termination wouldn't affect the timetable of his investigation into management options for the course.

Rohdieck and Borough Administrator Joseph D'Arco are of hiring a management company to run the golf course, and will report their findings to the Mayor and Council.