Among the alarming number of lawsuits filed against the City of Danbury under Mayor Mark Boughton's watch, is a case, which Democratic mayoral candidate Gary Goncalves has mentioned during several of his recent press conferences.
...the other behind the scenes issues well kept from public scrutiny, such as the lawsuit brought against the city by civil service job applicants who claim to have been passed over illegally in the questionable practices involved in that specific Civil Service exam cycle.
Allegations that city officials failed to follow their own rules when hiring firefighters could result in nearly 40 of the city's fire-fighting staff -- almost a third of the 118-member department -- losing their jobs.
"This could have a significant impact on the city's ability to deliver fire prevention services for at least six months," said Elisabeth Maurer, the attorney who filed a lawsuit against the city about two years ago.
[...]
The lawsuit claims that an examination held for firefighter applicants in 2005 was invalid because the city's rules weren't followed. As a result, according to Maurer, all of the firefighters hired from that examination could lose their jobs.
Maurer filed the lawsuit in 2007 after several applicants complained that they were passed over for positions even though they scored better than some of cut firefighters who were eventually hired.
[...]
Maurer said the test, which was held in August 2005, is invalid for several reasons, including that Mayor Mark Boughton never formally filed a "request for personnel" with the Civil Service Commission before the exam was scheduled.
There were other procedures as required by city ordinance that also weren't followed, she said.
Maurer said the Common Council appointed firefighters at the mayor's request in October 2005 before an official list of candidates had been approved by the commission. She added that a short list of the six top candidates, typically sent to the mayor to select appointees from, was never created.
According to city records, the commission approved of a candidate list on Oct. 19, 2005 -- more than one week after the Common Council appointed six firefighters at Boughton's request on Oct. 4, 2005.
Maurer said there were also firefighters appointed in February 2008, months after the list had expired in October 2007.
[...]
The lawsuit also alleges that several firefighters were hired because of their relationship to people in positions of authority.
The lawsuit states that Michael Finn Jr., the son of Civil Service Commission chairman Michael Finn Sr., was hired by the department in February 2008. He was originally ranked 108th on the list of candidates, according to the filing.
The attorney for the plaintiffs added that Patrick Heron was hired by the department in March 2007 and was related by an "impending marriage" to former Fire Chief and current Common Council member Phil Curran. Heron was originally ranked 40th on the candidate list.
[...]
Maurer had filed a summary judgment motion in August that asks the judge to make a decision in the case right away instead of going to trial. The attorney said she believes the court has been provided with sufficient information to make a judgment.
[...]
Louis DeMici, president of the Danbury Fire Fighters Union Local 801, said the union has hired its own attorney who will also be present during the Monday hearing.
"This lawsuit could affect about 38 of our members," he said. "The union has retained council to protect the interest of our members. I can't speak for the department, but should the plaintiffs prevail, this could be devastating."
Allegations of nepotism at City Hall is nothing new. What IS new is this lawsuit and if the plaintiffs prevail, the impact on Boughton's credibility could be devastating.
UPDATE:Click here to read about what happened in court today.
04.25.22 (RADIO): WSHU Latino group call on Connecticut lawmakers to open a Danbury charter school
06.03.22 (OP-ED): KUSHNER: "Career Academy ‘a great deal for Danbury"
On September 26, 2007, ten plaintiffs filed suit in response to an arrest of aday laborers at a public park in Danbury, Connecticut. Plaintiffs amended their complaint on November 26, 2007.
The amended complaint states that plaintiffs sought to remedy the continued discriminatory and unauthorized enforcement of federal immigration laws against the Latino residents of the City of Danbury by Danbury's mayor and its police department.
Plaintiffs allege that the arrests violated their Fourth Amendment rights and the Connecticut Constitution because defendants conducted the arrests without valid warrants, in the absence of exigent circumstances, and without probable cause to believe that plaintiffs were engaged in unlawful activity. In addition, plaintiffs allege that defendants improperly stopped, detained, investigated, searched and arrested plaintiffs. Plaintiffs also allege that defendants violated their Fourteenth Amendment rights when they intentionally targeted plaintiffs, and arrested and detained them on the basis of their race, ethnicity and perceived national origin. Plaintiffs raise First Amendment, Due Process and tort claims.
Plaintiffs request declaratory relief, damages and attorneys fees.
Among the alarming number of lawsuits filed against the City of Danbury under Mayor Mark Boughton's watch, is a case, which Democratic mayoral candidate Gary Goncalves has mentioned during several of his recent press conferences.
On September 26, 2007, ten plaintiffs filed suit in response to an arrest of aday laborers at a public park in Danbury, Connecticut. Plaintiffs amended their complaint on November 26, 2007.
