Former Lynn comptroller claims confusion on correct pay amount

SALEM – Fired city Comptroller John Pace said he simply followed procedure in awaiting an order from the City Council before he stopped paying himself for a job he no longer held.”You have to make sure you get the proper documentation, and (the City Council order) is the proper documentation,” Pace testified when describing the “general” procedure for City Council orders concerning payments.But Pace also admitted under cross examination that, as a trained accountant, he never recommended paying money one was unsure he or she owed.Pace claims in a July 2011 lawsuit that he was fired as comptroller that June by Lynn Chief Financial Officer Richard Fortucci in retaliation for testimony Pace gave that February when Mayor Judith Flanagan Kennedy suspended Fortucci on charges of professional misconduct.During the suspension, Pace was named acting chief financial officer (CFO) and given a pay increase. The City Council voted 11-0 to reinstate Fortucci as CFO, however.But even after Fortucci was reinstated, Pace continued to pay himself at the increased pay rate for five weeks. Fortucci subsequently fired Pace, citing the overpayments. Pace filed the lawsuit against the city and Fortucci the next month under a statute offering protection for whistleblowers.The second day of testimony in the case began Thursday with Mayor Judith Flanagan Kennedy returning to the witness stand.Pace’s testimony, however, took the majority of the morning.Contrary to the image of Pace as a power-hungry and greedy political schemer as painted by the city’s attorney Thomas Drechsler in opening statements, Pace said he was “not politically active” and with no “design” on replacing Fortucci as CFO.Pace instead portrayed himself as confused by the entire incident, saying that he “wasn’t sure” of his status following Fortucci’s reinstatement.He said he sought advice from the city legal department on the day after the City Council vote. City attorneys agreed Pace’s appointment had ended with the vote and recommended this be put into writing, Pace testified.[Pace testified his response “of something to the effect of ?why would I ask for something cutting my pay (to be put) in writing'” was meant “jokingly.”]Pace said he then sought clarification from the mayor’s office.Pace testified that the mayor’s Chief of Staff Claire Cavanagh said the office hadn’t yet received the City Council order authorizing Fortucci’s reinstatement. Further, she said she didn’t know whether the mayor would sign it or appeal it, Pace testified. He said Cavanagh recommended he wait until the mayor received the order and “take whatever action has to be done.”He characterized this as “routine.”Kennedy signed the City Council order Feb. 28. But Pace testified he did not know this. Cavanagh was taking time off and a copy of the order was not addressed to Pace or his office.”If you received the order on or about Feb. 28, what would you have done?” Pace’s attorney, Harold Lichten asked.”I would have taken any action that was indicated in the council order,” Pace responded.Pace testified he then went on vacation between March 9 and 23, but told his replacement “as soon as the council order comes in, take the necessary action.”When Pace returned to find the situation remained unresolved, he testified that he asked Kennedy to write a formal letter stating he was no longer CFO.”If a letter from the mayor had started the stipend, a letter from the mayor would stop it,” Pace explained to the court.Pace testified he was never asked whether he was still receiving the stipend, but he did not hide that he was – he in fact requested a money transfer because the stipend he had been paid had caused a budget shortfall.Which is how Fortucci learned Pace had been receiving the stipend after Fortucci had been reinstated.About a month later, Pace testified he was handed a letter saying he was fired. He said he was devastated and could not find another job. He estimated that he lost nearly $200,000 from 2012 throu