Firing the Cambridge, MA, USA City Manager because of Monteiro: A small window
A few caveats.
First of All, Decades of experience have given me the very strong opinion that it is difficult to UNDERestimate the Cambridge Pols.
Secondly, as I have repeatedly gone into, if Cambridge, MA had a responsible City Council, the Cambridge City Manager would have been fired long ago.
Notwithstanding that, there are two factors which place time crunch on the actions of the next few weeks, assuming, and a very silly assumption, that the Cambridge City Council fulfills very basic levels of responsibility. I keep dreaming on decency from this group. I keep getting proven wrong.
But, assuming decency, the key issues are:
Very quickly, the Cambridge City Council has to give the Cambridge City Manager six months notice as to whether they will hire or fire him.
Secondly, the most responsible choice for acting city manager, should the Cambridge City Council do the right thing, is rumored on the verge of retiring, probably at the end of January. The city clerk, Margaret Drury, is competent and highly respected. She not only has no interest in being a permanent city manager, she probably would have to be talked into taking the position rather than retiring.
But, the appointment would be a great honor and a culmination of her honorable and achieving career, and, although I know nothing about the legalities, I would assume that the much higher pay during the temporary appointment could significantly increase her retirement figures.
But both factors are time limiting.
Most definitely, the city manager can and should be fired for malfeasance in office as determined by Superior Court judge and jury and by the Appeals Court panel, but it would be quite a bit more awkward to do so after the Cambridge City Council has told the Cambridge City Manager it is going to rehire him. Additionally, certainly other people could be acting city manager during the process, but there is no possible alternative with the very great qualities of City Clerk Margaret Drury.
I really do not know how many more details I should go into. I have beat this case to death.
The fact that the city manager is still in office after being found guilty of severe malfeasance in office as stated in the strong, clear key opinion of the Trial Judge, and the informal comments of the Appeals Court, is an indictment of the Cambridge City Council and of the truly rotten Cambridge Pol organization which keep the Cambridge City Council from being thrown out of office.
Once again, the key court opinions may be read at: http://charlesriverwhitegeeseblog.blogspot.com/2011/08/appeals-court-decision-in-monteiro.html (appeals court), and at http://charlesriverwhitegeeseblog.blogspot.com/2009/04/judge-issues-decision-denying.html (trial judge).
And I have done a lot of analyses of this particular outrage.