The mystery surrounding a decision to replace Lower Southampton’s zoning officer less than a year after he assumed the job does not appear to be going away, after a dozen residents vented recently to supervisors demanding answers.
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| William Oettinger |
Audience members at a township meeting last week applauded each of the dozen speakers who praised William Oettinger, who is also the township’s fire marshal, who they said has made great headway revamping what has been described as a disorganized department that records show failed to properly charge fees and escrow amounts according to the township’s fee schedule.
Residents also expressed frustration at the board’s lack of transparency about what prompted the proposed return to separate zoning officer and fire marshal positions.
“We finally had a light and you want to put it out,” said Marge McCurdy, a meeting regular. “You should all be ashamed of yourselves.”
Supervisors, acting on the advice of the township solicitor, declined to reveal the reason behind their decision last month to advertise for a new zoning official, less than a year after the board unanimously appointed Oettinger to the newly combined job.
Oettinger has claimed he was not aware the board was considering a return to separate zoning and fire marshal positions.
Oettinger did not speak at Wednesday’s meeting, the first since the board voted 5-0 to advertise for a new zoning and code enforcement officer following an hour-long executive session involving an undisclosed personnel issue.
Board members have only said publicly their decision was based on a concern that Oettinger was overworked. He would keep his job as full-time fire marshal.
But residents remained skeptical and questioned why the board would want to change zoning officers, especially while there are ongoing state and district attorney investigations into the past practices of the office under the previous longtime department head Carol Drioli, who retired last year.
“It is pretty crazy on your part. He is straightening out the problems,” resident Scott Marshall told the board. “It was very disheartening to hear this. To me it seems like he’s doing too good of a job. He’s ruffling feathers.”
Resident Alex Gilchrist told the board that Oettinger went beyond his responsibilities to help his family after a fire destroyed their home and they began the rebuilding process.
“The man has brought decency and integrity back to that office,” Gilchrist said. “It is a mistake to let this man go.”
David Dibelius, who called Oettinger a “good public servant,” asked township Solicitor Francis Dillon if Oettinger had any disciplinary issues since he assumed the zoning officer position.
“The board owes us an explanation if its investigating Mr. Oettinger,” Dibelius added.
But Dillon responded that he would not comment on personnel-related issues and neither would the board or Oettinger.
“You may not like it, but that is the answer,” Dillon added.
Supervisor Kim Koutsouradis, though, who expressed regrets about his vote, said the board learned new information after the vote that should have been discussed beforehand. He expressed support for Oettinger, noting he was doing a “great job” despite encountering an on-the-job learning curve.
Koutsouradis also requested the board meet in executive session at the end of the meeting to discuss the new information; the board adjourned to meet for a half hour and returned without taking any action.
The Pennsylvania Sunshine Act does not bar elected officials from discussing what happens during an executive session, including personnel matters, according to Melissa Melewsky, a media attorney and Open Records Act expert for the Pennsylvania NewsMedia Association. She added the employee being discussed can request the discussion take place in a public meeting.
“It is also worth noting that the Sunshine Act does not require personnel executive sessions, it allows them. But it does not impose confidentiality,” Melewsky said. “I would argue that it is incumbent on elected officials to talk about alleged violations because they are in the best position to expose wrongdoing.”
Supervisors voted unanimously July 11, 2018, to appoint Oettinger as zoning officer/code enforcement officer/fire marshal with a $12,500 salary increase.
At that 2018 meeting, then-board Chairman Keith Wesley noted that “many area townships have their zoning and emergency services combined including Upper Southampton, Bristol and Buckingham,” according to a copy of themeeting minutes.
Statewide, 281 individuals hold dual certifications as fire marshal and building code official, including 34 in Bucks and eastern Montgomery counties, according to the state Department of Labor and Industry website.
On Wednesday night, though, Wesley told residents that during a visit last year as part of its investigation, the state Department of Labor and Industry recommended the township have a dedicated stand-alone zoning officer.
The state agency has not publicly released information about its findings.
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