Freda calls for independent investigation

Residents sound off on CHRO complaint at BOS meeting

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Thursday, July 9, 2009 - 1:26pm

As one legal matter facing North Haven quickly nears its court date, another is still in the early stages and eliciting sentiments from local politicians.

A motion made by Selectman Michael Freda for an independent investigation into the retaliation and civil rights violations allegations made against Town Hall failed June 2 at the Board of Selectmen meeting.

The motion came as Town Hall prepares a response to accusations made by former First Selectman’s office employee Leigh Gomez, filed through the Connecticut Commission on Human Rights and Opportunities. Gomez, an African American, lost her town job on July 1, and is claiming that the means of her removal involved race and false promises of new employment.

Freda, concerned that the allegations involved Town Hall in general, desired an independent audit to “protect the town” and prevent similar situations from occurring in the future. At the very least, he said, he sought to solicit bids from qualified human resources professionals to review Town Hall’s hiring practices.

“I don’t see any downside to an independent audit review,” he said. “It will tell us what we need to improve upon for town hiring practices and will demonstrate that we’re serious about these things.”

“If nothing else, it can help us for the future,” he added.

First Selectman Janet McCarty, who has consistently labeled the Gomez allegations as “frivolous,” believed that an independent investigation would be a needless waste of town funds.

“It is not necessary,” she said. “Once we respond [to the complaint], the CHRO will decide whether to take actions - if so, we can talk about it then.”

“I anticipate that the CHRO won’t take action,” McCarty continued.

“The town is protected,” McCarty added. “I have met with insurance attorneys. We have drafted a response. Once it is submitted, then the attorneys and I will step forward.”

Selectman Steven Fontana, who joined McCarty in voting against the investigation, said that he believed that the CHRO was the proper venue for an investigation, and stated that it was “wholly premature” for the town to proceed in any other fashion.

Fontana also added as precedence that an independent investigation was proposed when North Haven “had a problem with the past administration” and that “people resisted” in that instance.

Town Hall received the CHRO letter on June 12 and had 30 days to reply. However, Town Hall has successfully filed for and received an additional 15 days to respond, said Gomez’s attorney Eugene Axelrod when reached for comment.

After the CHRO receives Town Hall’s response, it will review the arguments of both sides and determine whether the case warrants a merit assessment review. If so, the CHRO would summon both parties for an informal trial, during which they would testify under oath. The trial would most likely be held in the CHRO Waterbury branch, the closest to North Haven.

Any further CHRO actions would proceed to their Hartford court. The case can be dismissed at any point. Additionally, any dismissals can be appealed to general Connecticut Supreme Court.

McCarty believed that the CHRO process was still in too early of a phase for it to be taken as anything more than mere speculation and not as serious indication of trouble in Town Hall. “We can’t prevent allegations,” she said.

McCarty also wondered whether Freda, a Republican, had underhanded political motivations in seeking an investigation into accusations that singled out herself and fellow Democrat and North Haven Director of Community Services Gerardo Sorkin.

Public comment touched on both sides.

“You say the CHRO complaint is frivolous, but that’s your opinion,” said Antoinetta Carmody to McCarty. “It’s your word against hers.”

“If you have nothing to hide, then why not have an investigation?” Carmody added to McCarty.

“It is not just my word,” McCarty responded, adding that she has discussed the matter with town attorneys and those involved.

Pat Nuzzolillo told McCarty that an independent investigation into the matter would alleviate fears of the town residents. “There needs to be an arms length relationship between your office and an investigation,” he said, “in order for taxpayers to be assured of minimizing liability. An independent person can provide that arms length relationship.”

“If the case is frivolous,” Nuzzolillo continued, “then that person can substantiate your opinion. In the same breath, it gives the taxpayers the opportunity to have an independent investigation to depend upon and takes the responsibility off of you. It would be prudent.”

Gary Amato called the notion of an independent investigation “ridiculous” and “politics,” and wondered why certain partisan opinion had not been as anxious for outside audits when the previous administration faced legal consequences.

Gerry Feinberg echoed the second selectman. “I agree with Fontana,” he said. “It is way too early to discuss an independent investigation. It appears to me that there are three stages to the CHRO. The first is informational gathering – we’re at that point.”

Feinberg reminded the audience that the CHRO could drop the complaint at any point in any stage. He also restated for precedence the town’s sluggishness in embracing an external investigation into the previous administration.

“The point is that we have a past history in town in which we have gotten to the point where we have needed an outside expert,” Feinberg said. “We’re not there now and that’s it.”

Several speakers worried that too much was being placed on rehashing the history of the past administration.

Gomez is currently unemployed and is unsure of her next professional step, Axelrod said when reached.

Meanwhile, the matter of Bob Burns versus the town of North Haven was moved from its June court date to July 14. The case is scheduled to be heard at 9:30 a.m. in the New Haven County Courthouse.

 

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