Equality manager who issued scathing report about City Attorney Nathan Davis abruptly resigned last week
By Kevin Hogencamp
For the second time in four months, amid a firestorm of allegations of racism and retaliation against lame-duck City Manager Alfred Lott, the city of Albany’s top expert on equal opportunity employment is no longer on the city’s payroll.
Niger Thomas’ dismissal or resignation last week remains a mystery; Lott refused Tuesday to answer the Albany Journal’s inquiries or comply with state laws by providing access to public information regarding Thomas’ departure. Her annual salary was more than $53,000.
Thomas did not respond to telephone and e-mail messages.
This summer, Human Resources Director Mary LaMont resigned after filing a federal discrimination complaint against Lott – one at least six active Equal Employment Opportunity Commission actions against Lott. LaMont has since revealed audiotape recordings and other evidence documenting many of her allegations. City Commission members responded to LaMont’s resignation and charges by privately and unofficially forcing Lott to tender his resignation, but they gave him 13 months – by July 2011 – to depart, although several commissioners are urging Lott to leave earlier. The City Commission has not apologized to LaMont nor offered her to reinstate her, however.
As human resources director, LaMont was the city’s subject-matter expert on workplace discrimination matters. Thomas worked unassumingly, rising in the ranks over several years to the position of employment opportunity manager, and assuming LaMont’s role as the go-to person on discrimination issues after LaMont’s departure.
But city hall sources say Thomas drew the ire of some of Albany’s top leaders because she provided objective written and oral reports during a secret Albany City Commission discussion this summer about workplace environment concerns in the City Attorney’s Office.
Thomas’ reports followed the revelation that Davis kept a loaded gun in his office, which is a criminal violation. It preceded Davis’ firing of Assistant Attorney Kathy Strang, who discovered the gun in Davis’ desk and confidentially reported the crime to the city human resources staff. Davis was suspended for three days, but the City Commission refused to turn the matter over to police or the District Attorney’s Office for investigation or prosecution.
Davis claimed that he fired Strang due to her “misconduct, negligence, inefficiency and the inability to perform the required duties satisfactorily”. After initially refusing to uphold Strang’s firing, Lott decided to do so at the encouragement of some City Commission members, who also discussed Strang’s potential dismissal in secret session. The scenario was particularly complicated because while the assistant city attorney works for the city attorney, who along with the city manager works for the City Commission, the city manager heard the assistant city attorney’s termination appeal.
In her written report titled “City Attorney’s Office Workplace Environment Concerns,” which was illegally withheld from the Journal by Lott but recently obtained by the newspaper from a city hall source, Thomas suggested that the City Commission carefully contemplate terminating Davis. Lott later actively lobbied for Davis’ termination. Noting that Davis also had a combat knife in his office drawer, Lott claimed in a memorandum to the City Commission that Davis is mentally unstable partly due to Davis’ son’s recent suicide.
“Because Mr. Davis is an appointed official, a thorough review of his contract should be conducted if this (termination) decision is reached,” Thomas wrote in her report. “Ms. Strang has made serious allegations about the reason Mr. Davis decided to request her resignation. Ms. Strang’s pending termination should be examined before a decision is reached. Due to the uniqueness of Ms. Strang’s grievance, and Mr. Davis’ difficulty with managing staff relations, legal counsel should be sought prior to rendering any termination decisions.”
Also in her report, Thomas wrote:
“Mr. Davis confirmed that he kept a gun in his desk drawer.”
“Extensive managerial coaching and development is needed to ensure Mr. Davis does not allow the existing conflicts to overwhelm the City Attorney’s Office.”
“Due to a previous employee grievance, and (a) coaching plan, there is a documented record on Ms. Strang’s inappropriate behavior in the workplace. However, in addition to this documented record, Mr. Davis must clarify the reason he requested Ms. Strang’s resignation. He must illustrate that his decision to terminate Ms. Strang is not influenced by the fact that she discovered and reported that he kept a gun in his desk drawer. According to Ms. Strang, her decision to report Mr. Davis is the primary reason Mr. Davis requested her resignation. This is a critical point to clarify prior to rendering any disciplinary decision.”
“Mr. Davis has experience extreme difficulty when attempting to respond to and/or resolve inter-office conflicts and complaints. When asked repeated to discuss how the office environment could be improved, Mr. Davis responded that ‘it could not be fixed’ and later called for Ms. Strang’s resignation. It remains unclear what active role Mr. Davis will play in leading his office and managing workplace conflicts in the future.”
I heard she was asked to leave after the City learned she assisted employees with filing complaints. Does anyone else know if this is true?
Uh-Oh Spaghetti-O. This on the heels of Mary LaMont’s departure and opening Pandora’s Box of the dirty Empire’s naughty behavior. I can’t wait to see what may be revealed from this.
I had a trial that Davis was a big part of.He refused to investgate what should have been investagted.So did the police cheif at the time.And the police cheif now,well i have not been able to get an appt. with him.In 2007,my mom died,somethings went missing from her home.And since the police would not do there job,nor would any other Offical that i went to,the Mayor,alfred,mr Davis,i have been doing there job and done my own investagtion.You would be suprised of the screw up.Maybe not.but what i do know is that my case should be heard again,with a judge from here,and all the truths come out.See i am not in this for the money.But for My moms rights and mine.When they start taking away your rights,and we let them,they keep on.I know now who took what,and contray to what the defendent said it was not the EMS drivers,or the cops,She wants to blame everyone for her screw up.And for that reason,i should be able to carry out my legal battle with the City of Albany,and the Coroners office.With Mr. Davis refusing to investgate was wrong,and im sure against the law.All of you in Office know my mothers case was done wrong.But i am just a poor disabled person who does not matter.I dont have a lot of money to fight them.What i do have is the truth.And it will all come out.Just like everything else is now.I hear alot of our Officals talking about how everyone from other towns are talking about Albany,it s true.But it is not our fault,it is the fault of our leadership.And we all know it needs work bad.As i said before,i will take any test,lie,drug,anything.As long as all of the Officals in my case do.But unlike before when i said i would pay for theres,they will have to foot the bill.They are the ones who make this town look bad,and then put it on all of us who live here.I have lost all my faith in the judical system here,but becuase of a few bad apples.Not all are bad,they just follow there bosses rules.