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Topic: County Commissioners take on Road Commission
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untanglingwebs
El Supremo

November 21, 2017 Road commission meeting

COMMISSIONERS CONCERNS
Commissioner David Miller addressed the Board and staff regarding something of great concern
to him that is ‘on-going’ in the county. When he was first apprised that three County
Commissioners were meeting with a few Road Commissioners in the back room to terminate
Manager-Director, John Daly, he told everyone that would listen that this is illegal. Mr. Miller
contacted the press, State Legislators and all six of the Genesee County Commissioners that
were not part of the back room meetings.
Three County Commissioners excluded Mr. Miller and met with other Road Commissioners to
discuss firing or forcing Manager-Director John Daly, to quit his position at the Genesee
County Road Commission. When Mr. Miller was made aware of this, Mr. Miller called an
emergency meeting with the County Board to discuss these back room meetings. If Mr. Miller
did nothing, Mr. Miller stated he would not be able to look anyone in the eye afterwards. The
County Board did not want to hear what Mr. Miller had to say. Mr. Miller stated that these back
room meetings are illegal under the Open Meetings Act. Mr. Daly has the right to go under a
review process before Mr. Daly can be let go from his position. You cannot fire Mr. Daly and
then go to the review process. It is also illegal for one Road Commissioner to fire ManagerDirector
John Daly. That is why we have a five member Board of Road Commissioners. Mr.
Miller stated, this is the worst thing in the world the County is trying to do. If the Board goes
forward with this it can be construed as extortion and possibly cause the Road Commissioners
Post Mon Feb 19, 2018 7:12 pm 
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untanglingwebs
El Supremo

212
involved to go to jail.
Under Tortious interference (Tort Interference Law), interfering with a third party contract is
against the law, which is what these three County Board members were trying to do. The
County Board was basically asking the Board of Road Commissioners to commit extortion and
possibly go to jail. This bothers Mr. Miller so much that other Road Commissioners were
involved in this. Mr. Miller’s personal attorney told him to make a motion to remove three
Road Commissioners, or at least two of them. Mr. Miller stated that he wouldn’t be able to do
this, because they would just vote no on the motion, but his legal counsel said to mention it to
cover himself. Mr. Miller stated he is the whistleblower in this situation and he has given
interviews to every newspaper in this state. Mr. Miller called the Attorney General, the
Lieutenant Governor, local Congressman as well as law enforcement in this state. Mr. Miller
has given copies of all the emails and documents he has to all those people mentioned,
including the FBI. Mr. Miller and Road Commissioner Robert Johnson refuse to be a part of
any kind of motion that is against the law. In closing, Mr. Miller thanked the many members of
the GCRC staff for the exemplary job they have been doing over the years, including Mr. Randy
Dellaposta, Ms. Coetta Adams, Ms. Stephanie Jaeger, Ms. Donna Poplar, Mr. Anthony Branch
and Mr. Fred Peivandi.
Mr. Mandelaris asked Mr. Daly if he is a Veteran. Mr. Daly stated yes. Mr. Mandelaris asked if
Mr. Daly served in combat. Mr. Daly stated yes. Mr. Mandelaris replied that Mr. Daly is
protected from losing his job under the Veterans Preference Act.
Manager-Director John Daly interrupted the discussion to make an announcement that the
intersection of Potter Road and Belsay Road, all four ways, are closed due to an underwater
cave-in at the Karegnondi Water Project. A worker is trapped underneath the cave in. It is not a
Road Commission employee that is trapped in the cave in. Everyone present expressed
concern.
Post Mon Feb 19, 2018 7:15 pm 
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untanglingwebs
El Supremo

Chairperson Dickerson stated that he is not going to attempt to refute what Mr. Miller has said
but stated that he does have concerns. He asked if any more Commissioners would like to
speak.
Mr. Arceo addressed the Board members, staff and the public that were present at today’s Board
meeting from Genesee County. Mr. Arceo stated that Commissioner David Miller mentioned
emails that flow to and from, which is a beautiful way to communicate. Mr. Arceo received an
email from Manager-Director John Daly titled “Twenty-six reasons why the Genesee County
Road Commission should remain independent from the County”. So what is it that could
change? Mr. Arceo stated that he attended the County Commissioners Board meeting yesterday
morning (11/20/17). They presented a Resolution and what it is in essence telling us is that it
permits the County Board of Commissioners to transfer powers to the County Board and
dissolve the Board of the County Road Commissioners by Resolution. Mr. Arceo distributed a
copy of the Resolution. With reference to the County Resolution, we cannot allow this to go
forward. This Board has got to, with cooperation from the Manager-Director, sit down and work
out a mutual package of retirement that is acceptable with both sides. Manager-Director John
Daly has almost 18 years of service with this organization. This Resolution was unanimously
Post Mon Feb 19, 2018 7:18 pm 
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untanglingwebs
El Supremo

way. Now, as Commissioner Arceo stated, county boards have been given the right to dissolve
Road Commissions, but there are procedures that must be followed.
Under Mr. Daly’s contract you have to make a motion by the full Board and it must pass. Then
you would have to present the charges to Mr. Daly in writing and give him a hearing to defend
himself against those charges. Mr. Daly is also entitled to legal counsel at this hearing. The
hearing can be open or closed, it would be up to Mr. Daly.
Mr. Miller added that in the almost 18 years that Mr. John Daly has been Manager-Director of
the Road Commission, he has been given outstanding performance reviews by this Board.
Chairperson Dickerson, without objection, adjourned the meeting at 11:26 a.m.
Post Mon Feb 19, 2018 7:19 pm 
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untanglingwebs
El Supremo

Minutes - Genesee County Road Commission
www.gcrc.org/minutes.php
News. Minutes. Below are the minutes for the Genesee County Road Commission Board Meetings. To view the PDF file, you will need Adobe's Acrobat Reader, which is available for free here. To save the files below, right click the link and select "Save Target As..."
Post Mon Feb 19, 2018 7:21 pm 
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