Lynn treasurer: No choice but to fire Pace

SALEM – City Treasurer Richard Fortucci admitted Tuesday that a failed attempt to remove him as chief financial officer influenced his decision to fire former city comptroller John Pace.But while Pace claims that his own role in the failed attempt left Fortucci seeking political retribution, Fortucci testified it left him no choice.”The whole theme of the mayor’s allegations (in the failed attempt to remove Fortucci as CFO) was a lack of oversight, a lack of my doing the job,” Fortucci testified in Salem Superior Court Tuesday. “Had I let this go ? a high ranking official in charge of payments paid himself a stipend he shouldn’t have ? if I took no action in that matter; I would not be doing my job as CFO if I let this go and allowed him to pay it back.”Pace claims in a July 2011 lawsuit that he was fired as comptroller that June by then-Lynn Chief Financial Officer 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 totaling approximately $2,839. Pace filed a lawsuit against the city and Fortucci the next month under a statute offering protection for whistleblowers. The trial began last week in Salem Superior Court.Testimony Tuesday focused on what events led to Fortucci’s decision to first suspend and then fire Pace.Fortucci testified he told Kennedy twice in meetings on May 3, 2011 that he was uncomfortable with the suggestion that Pace return the overpayments. This testimony differs from Kennedy’s account last week that she and Fortucci agreed Pace would pay back the money.But Fortucci also testified that by that date, he had already decided to suspend Pace subject to a disciplinary hearing. Fortucci also testified that his own experience fighting for the CFO position had influenced that decision. “I thought the charges against me were not valid and (the charges against Pace) were much more serious,” Fortucci said in response to questions by Pace’s attorney, Harold Lichten. He later noted that none of the allegations against him had concerned, as his attorney Ronald Ranta said, “putting money in your own pocket.”But Fortucci said the overpayments, and that Pace continued to authorize the overpayments after the law department told him he shouldn’t, was “disappointing to say the least.”After a hearing with testimony from many of the people called to the stand in the trial, Hearings Officer Michael Marks ruled June 7, 2011 that Fortucci “may, if he wishes, terminate John E. Pace from his position as comptroller.”Fortucci said that ruling – as well as opinions from unnamed city councilors that Pace should be fired – made him decide to fire Pace the next day.”John (Pace) knew better as a certified public accountant and as comptroller of the city, he knew better,” Fortucci said. “The comptroller position requires trust and accountability.”Testimony continues today at 9 a.m.