Civil service committee presses for documentation after Buffalo Water employee on paid leave for years

Buffalo — The Buffalo City Council Committee on Civil Service on Oct. 7 heard extended discussion about a Buffalo Water employee who has been on and off paid administrative leave for roughly three years while discrimination complaints, a grievance and subsequent discipline moved through internal and external processes.

Councilwoman Sharon Evert introduced the item, saying a Madison District resident who works for Buffalo Water had raised multiple concerns, including being placed on leave after filing complaints and receiving a settlement offer of $1,600 that he rejected. "He has sent me numerous emails, where he was asking when he was going to come back to work," Evert said during the meeting.

John Hannibal, assistant corporation counsel in the City of Buffalo Law Department, explained why the matter has taken an extended period. Hannibal said separate processes — an internal discrimination investigation, an arbitration over a grievance and later a discipline matter — all contributed to the delay. He cited civil service protections and scheduling constraints for arbitrators, noting an arbitrator contacted by the city was not available in person until March 2026 and could be available virtually in January. "Three years does seem extreme," Hannibal said, "but you have to understand it wasn't three years just because of discipline. Part of it had to do with the discrimination complaint where he said he felt unsafe." He also referenced Section 75 of the Civil Service Law and bargaining agreements that shape when and how charges and suspensions can proceed.

Raymond Nasworthy, commissioner of administration and finance, described the biweekly administrative-leave reports his office provides to the clerk's office. Nasworthy said those spreadsheets reflect employees on leave during a given pay period and therefore can lag relative to settlements or returns that happen after the reported pay period. "Those spreadsheets are accurate, as it pertains to the pay period that's being referenced," he said, adding that recent settlements had returned some employees to work.

Committee members pressed for more documents and clearer timelines. Councilmember Rivera asked the city to provide the committee with the administrative-leave spreadsheet and a summary of where each case stands in the grievance, arbitration or discipline process. Rivera asked for the information at the next civil service meeting in two weeks; commissioners said finance circulates biweekly reports and staff would provide materials to the clerk's office. Councilmembers also proposed a private meeting of council staff with the law department and relevant commissioners to review confidential material that cannot be aired in public session.

Several council members emphasized fiscal and operational concerns. Councilmember Greer highlighted the taxpayer cost of long paid leaves and urged the city to examine processes across departments and bargaining units to reduce the time cases remain open. Hannibal reiterated legal constraints that can require employees to remain on paid leave while charges or investigations proceed and noted unions and arbitrators affect timing.

The committee did not resolve disciplinary or grievance outcomes in open session and directed staff and the law department to follow up with requested documents and a confidential briefing for council members. A motion to table the item passed during the meeting.

The committee also agreed to attempt a private meeting (outside public session) so council members can review sensitive personnel materials without compromising active investigations or arbitration positions.

Looking ahead, the committee asked that the clerk receive the biweekly administrative-leave report and a case-by-case status summary for individuals on paid administrative leave for the next meeting cycle so members can better estimate potential fiscal exposure and anticipated timelines for hearings or settlements.