Ogden’s elected highway superintendent is operating under an unusual employment agreement with the town that, because of complaints of “workplace misconduct,” forbids him from meeting with most of the town’s highway department employees without the presence of another person.

The agreement with Highway Superintendent Dan Wolf appears to greatly restrict what he can do on the job.

For instance, the town’s deputy highway superintendent or a foreman must be present when Wolf meets with highway department employees. They also are responsible for communicating to staff many tasks, such as “repair and maintenance of Town highways, roads, sidewalks, and bridges and the removal of obstructions caused by snow.”

“The Town Director of Personnel, Town Supervisor, Deputy Superintendent of Highways, Working Foreman and Town Department Heads are the only individuals you may meet with and interact with in person outside of the presence of another individual,” the agreement states.

Don’t use discriminatory language

The three-page agreement warns Wolf that he should not use discriminatory language that targets individuals because of race, gender, sexual orientation or other protected classes in New York.

It also forbids him from social media postings in his official capacity as well as on town social media accounts. The agreement allows the town’s deputy highway superintendent to post.

In a text message, Wolf declined to comment when asked about the agreement.

He wrote, “At this moment, I am unable to provide a comment.”

In the agreement obtained by the Democrat and Chronicle, Wolf said that he was not admitting to guilt in relation to the allegations.

Ogden Town Supervisor Mike Zale also declined to comment, saying the town does not comment on personnel matters.

The allegations against Wolf are not distinctly spelled out in the document but “are sufficient reason to require a response,” the agreement states. “The town does not tolerate threatening, intimidating, or demeaning behavior in the workplace, especially when such behavior involves a real (or) perceived power imbalance,” the agreement continues.

Agreement began in January

The agreement went into effect in January. Wolf has been active politically in Ogden, chairing the town’s Republican committee in the past.

The Democrat and Chronicle has filed public access requests for complaints involving Wolf. Recently, the town informed the Democrat and Chronicle that it needed an extension to compile the records.

However, the Democrat and Chronicle separately obtained the agreement with Wolf. In the agreement, the town acknowledges that it is limited as to what it can do since Wolf is elected.

In New York, there are 933 towns, and the large majority have elected highway superintendents. An exact number is not readily available, and some towns occasionally evolve away or toward the choice of an elected official in the job.

Can you remove an elected NY town official?

State law provides a route for residents to remove an elected highway superintendent through a court process. A judge would have to determine that wrongdoing or malfeasance were substantive enough to justify removal.

“The standard is very high” for removal, said Chris Koetzle, the supervisor of Glenville in Schenectady County and the executive director of the Association of Towns of the State of New York. “There is good reason for that so that people don’t try to weaponize the process because they don’t like someone or because it’s an election year.”

A criminal conviction can also lead to removal.

Koetzle, who has been supervisor for 14 years, said he has never heard of the removal process being used in New York while he has held office.

The agreement also asks Wolf for consistent reports on project expenses in the highway department.

“Please understand the Town takes this matter very seriously,” the agreement reads. “It is the expectation that you immediately comply with these restrictions.”

— Gary Craig is a veteran reporter with the Democrat and Chronicle, covering courts and crime and more. You can reach Craig at gcraig@gannett.com.

This article originally appeared on Rochester Democrat and Chronicle: Ogden NY highway superintendent faces restrictions amid complaints