Mayor, council clash over allegations of hostile work environment

Mayor Seren addresses Cleveland Heights council members at the April 2 special meeting.

In a special council meeting on April 2, Cleveland Heights Mayor Khalil Seren refuted allegations that his wife, Natalie McDaniel, created a “hostile work environment” at City Hall—a complaint lodged by former city administrator Daniel Horrigan, who resigned his position on March 17, effective at the end of that day, after less than three months on the job.

Horrigan is the third city administrator to resign in the last three years and, according to Council President Tony Cuda, is the 12th director-level employee to leave the city administration in that same period.

“Your wife’s presence here at City Hall has led a number of employees to feel uncomfortable and on at least one occasion, unsafe,” Horrigan wrote in an e-mail to Seren before his resignation. “Quite frankly, her directing staff in her official capacity is improper and un-ethical. . . . [F]or me to continue in my current role, I’m requesting that your wife discontinue her role here at City Hall and refrain from directing Cleveland Heights staff in their work capacity.”

Seren stated that Horrigan’s comments were “in error.” 

“At no point has my wife directed staff,” Seren said. “She was very careful to express that her opinions are not the opinions of the mayor, on very very many occasions, and to bring that point home in a very direct and deliberate way.”

Horrigan specifically referenced a March 13 incident involving a city employee. This employee was placed on paid administrative leave subsequent to making a complaint. 

At the April 2 meeting, Seren acknowledged that one city employee had filed an official complaint, and stated his administration had launched an independent investigation into that complaint, and would let council and the public know when it is completed.

Several council members asked if the employee was retaliated against for complaining, but Seren refuted this. 

“At no point has any city employee been retaliated against by me,” the mayor said. When Council Member Jim Petras asked why the employee was placed on paid administrative leave, Seren stated it was for her own “safety and security.” 

Petras cited numerous allegations of a hostile work environment at Cain Park, and council members Jim Posch, Davida Russell and Tony Cuda added that they have also heard disturbing complaints from city employees. These complaints were made anonymously. “This is the only HR complaint I’m aware of,” said Cleveland Heights Law Director William Hanna, referring to the March 13 incident.

The city does not have a human resources department—something the mayor said he was considering creating.

Council discussed if it should consult outside legal counsel to investigate these allegations of a hostile work environment. “This is a big deal,” said Posch. “We’re being laughed at by our residents. I don’t want to go so far as to say there’s a problem, but the smell test gives me the impression that we’ve got a problem here.” 

Council Member Anthony Mattox Jr. disagreed, and questioned why council would consider “spending money doing a witch hunt, based on one complaint and hearsay from several council members.” 

Russell, a labor union leader, stated that some city employees may be reluctant to come forward because they fear retaliation, adding that HR departments protect the organization/company, not the employee. Even though retaliation is illegal, it still happens, she said, citing her own experience in the workplace and as a union leader. 

Council Member Craig Cobb stated the mayor’s “independent investigation” into the March 13 incident may not be enough. “We need a broader investigation to determine if there’s any merit or truth to these allegations, and that needs to be done, I think, to assure the public that these allegations are either false or unfounded or they’re true,” he said. Addressing the mayor, Cobb added, “But you as chief administrator cannot be the ultimate arbiter of any actions that are taken.” 

The question of how the matter would be investigated was left unresolved in the meeting.

Council members spent the latter part of the meeting questioning whether a $48,000 contract the mayor signed with Burges & Burges Strategists for consulting services was in fact a resident satisfaction survey—something Seren had advised against conducting during an election year, when council had raised the idea, for fear it would become politicized. 

Seren explained the contract by saying it was “for consulting services as a public entity for public business related to . . . the operation of the communications function of our department of community services, internally and externally, and how this process is working under a new mayor form of government.” He added, “I don’t believe the city should do the kind of resident satisfaction survey council members have been discussing at this time.” He also questioned how "survey" was being defined by council.

Posch pointed out that the word “survey” appeared multiple times in the contract and Burges & Burges is a political consulting firm. “This contract screams survey,” he said at the special meeting.

The Burges & Burges website lists political consulting as one of the services it provides, but it lists other services as well, including strategic planning and communications.

Seren said that the scope of work as originally described in the contract had been reduced, but was unable to say if a revised written contract, detailing that reduction of scope, and any corresponding reduction in fee from the original $48,000, had been created. He stated that the changes were made verbally.

(The Heights Observer received a copy of the contract from a reader who obtained it through a public records request.)

In response to allegations of a hostile work environment, Seren defended the loss of staff from the city, stating that several leadership-level staff had left for other opportunities at other municipalities, such as former Erie mayor Joe Sinnott, the mayor's original city administrator, who was hired as county economic development director for Erie County. As for filling the city administrator position, Seren stated that he is “still looking for a teammate who is a good fit—ready to roll up their sleeves and get to work with me.”

Video of the April 2 special meeting of Cleveland Heights City Council's Committee of the Whole can be viewed on the city's YouTube channel, at www.youtube.com/watch?v=ODr5Ikou2pM.