LYNN – A vote was expected Wednesday night in the ongoing disciplinary hearing of embattled Chief Financial Officer Richard Fortucci but, by press time, testimony waged on.A total of 16 different acts of wrongdoing have been levied against Fortucci by Mayor Judith Flanagan Kennedy, where she maintains he jeopardized federal police and fire grants, bumbled payrolls and failed to perform the duties of a CFO.Wednesday’s hearing started where Tuesday’s hearing left off at allegation number nine, which states that Fortucci failed to correct paycheck errors on Jan. 21, 2010, April 1, 2010, mishandled City Council pay and did not have withholdings properly deducted from checks.”This tends to show a pattern of being unable to oversee the correct distribution of paychecks,” Kennedy said.The mayor alleged that Fortucci brought to her attention on two separate occasions the issue of payroll and direct-deposit dilemmas involving the fire and police departments, where she had to come up with a solution because he was unsure of what to do.”It should not be my responsibility to provide an answer,” she said. “But once again (in April), there was no solution offered by the CFO.”Fortucci defended himself by saying a “very conscientious” employee in his department had gotten confused in the situation, said there wasn’t a dollar loss to the city as a result of it, and insisted the matter has been resolved.Another allegation suggests Fortucci issued poor judgment of the city’s finances by suggesting cash advances be given to certain police personnel to address the failure to withhold Medicare taxes from some paychecks for seven months in 2010.Kennedy’s Chief of Staff Claire Cavanagh described the moment Fortucci brought the issue up as “chaos.””He was nervous and said Ceridian (payroll company) was going to eat $34,000,” she said. “He said I’m going to make them pay.”Fortucci stressed that he did not suggest a cash payment and that the error had been the result of a code in Ceridian’s payroll system, which had not been activated. Since then, Fortucci said the Medicare mix-up has since been adjusted.”It was not a great situation, but fortunately, Ceridian found it by chance,” he said. “It was nearly impossible to catch and was transparent to us, which led to the duration of the problem.”Other allegations include Fortucci improperly issued a vendor check of approximately $43,000 to C&J Transportation prior to the School Committee signing a warrant authorizing the payment; failed to seek out competitive proposals for the city’s Worker’s Compensation and Liability Insurance, and failing to notify Kennedy of his involvement in the Lynn First Foundation or requesting documentation regarding concessions from Manning Field.Fortucci has been suspended with pay and is only serving as the city treasurer. A total of six council votes are required to remove him as CFO.The previous hearings were held on Feb. 8 and 15 before the City Council.
