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LOCAL ACCESS VIDEO: Progressive Soup 05.26.10

Saturday, May 29, 2010
Time: 10:40 AM


LOCAL ACCESS VIDEO: Ideas at Work and Beyond 05.27.10 broadcast

Friday, May 28, 2010
Time: 6:19 PM


LOCAL ACCESS VIDEO: Community Forum 05.26.10 broadcast


Time: 6:17 PM

GUEST: Gary Goncalves, 2009 Danbury mayoral candidate


HatCityBLOG VIDEO: Danbury Board of Education 05.26.10 meeting


Time: 4:14 PM


Worse than Exxon-Valdez

Thursday, May 27, 2010
Time: 5:07 PM



We knew this moment would come.
Even using the most conservative estimate, the new numbers mean the leak has grown to nearly 19 million gallons over the past five weeks. If the oil filled gallon milk jugs lined up side by side, there would be enough to reach from New York to Chicago and back.

In the worst case scenario, if 39 million gallons has spilled, the oil would fill enough jugs to stretch from the Louisiana marshes to Prince William Sound in Alaska. That's where the Exxon Valdez ran aground in 1989, spilling nearly 11 million gallons.

"Now we know the true scale of the monster we are fighting in the Gulf," said Jeremy Symons, vice president of the National Wildlife Federation. "BP has unleashed an unstoppable force of appalling proportions."

The government's response to this disgraceful disaster has been laughable at best. For the sake of the Gulf region, we need to see less talk from President Obama and more action.

VIDEO: Board of Education, School Superintendent respond to FOI request, retribution allegations


Time: 4:23 PM

IMG_5723

Last night, School Superintendent Sal Pascarella and members of the board responded to the recent Freedom of Information request from City Council Minority Leader Tom Saadi as well as address allegations of retribution against teachers who who spoke out during the education budget debates.


LIVE VIDEO STREAM: Board of Education meeting

Wednesday, May 26, 2010
Time: 6:11 PM

I'll be providing a live video stream of tonight's Board of Education meeting where there is a possibility that School Superintendent Sal Pascarella will address the allegations in the recent Freedom of Information request.

The video stream will start at 7:00 PM.

UPDATE: The meeting is over and the board addressed Saadi's FOI request. Here's the recorded stream. A higher quality video of the meeting will be posted later.


Amid allegtions and concerns from teachers, Saadi files FOI request with School Superintendent


Time: 2:20 PM

Responding to concerns from teachers who feared retaliation from school administrators due to criticisms made towards school officials during the recent education budget debates, City Council Minority Leader Tom Saadi filed an Freedom of Information (FOI) request with School Superintendent Sal Pascarella. At issue is whether or not Pascarella requested the school's IT department to provide him any emails transmissions between teachers and Councilman Saadi.

Here's a copy of Saadi's FOI request to Pascarella.



Earlier today, I had a chance to interview Saadi and talk to him about the allegations raised in his FOI request.



UPDATE: Pascarella responds to the allegations.
Pascarella said Wednesday he had already received the letter and emphatically denies the allegations.

"I am very careful of people's rights and their ability to articulate their opinions and I respect that," he said. "That's just not the way we operate."

[…]

Pascarella said that while he can't speak for others, nobody has been asked to "investigate those in my employment for dealing with the council or making comments about the budget."

Frankly, he added, such allegations are "deplorable" and repugnant.
"That's not what I stand for," he said.

[…]

Pascarella said he will comply with the request [from Saadi].


UPDATE 2: Due to today's story, I will be providing a LIVE VIDEO STREAM of tonight's Board of Education meeting in which Pascarella might comment on the FOI request.

One on one with Democratic 24th State Senate nominee Alice Hutchinson


Time: 9:19 AM

Before Monday's convention, I had an opportunity to interview to 24th State Senate candidate Alice Hutchinson and talk to her about why she's running for state office.


Democrats endorse Alice Hutchinson for 24th district state senate seat

Tuesday, May 25, 2010
Time: 2:10 PM


Former Bethel Selectwoman Alice Hutchinson delivers her acceptance Speech at the 24th Democratic State Senate convention.
City Hall 05.24.10


Yesterday, by a vote of 25 to 12, delegates from the 24th state senatorial district elected former Bethel Selectwoman Alice Hutchinson as their Democratic nominee for the state senate. Also seeking the party's endorsement last night was Danbury City Councilman Paul Rotello who received enough votes to force an August primary.

From last night, here's video of Hutchinson's acceptance speech:



After the convention, I had an opportunity to talk to Hutchinson and Rotello…



NOTE: Tonight, I will be broadcasting a LIVE VIDEO STREAM of the 2nd district State Rep convention from Terrywile Park in Danbury.




RELATED POST:

VIDEO: 24th State Senate Democratic convention

Questions STILL unanswered in firefighters lawsuit settlement


Time: 1:16 PM




As Danbury's last honest man continues to avoid answering questions surrounding the city's admittance of wrongdoing in the recent firefighter's lawsuit settlement, I thought it would be informative to show the public the EXACT list of accusations made by the plaintiffs.

For those not familiar with this troubling lawsuit, here is a summary of the accusations:
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.

[...]

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 the 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.

Even more damaging were these allegations...
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.

Here's what the Danbury's last honest man had to say about the allegations back in 2009.
We will continue to categorically reject the allegations made in the complaint and defend our positions," Boughton said. "I have faith in our process and I have faith in the people we hired.

Well, that was then, and this is now...
The city has agreed to pay out $450,000 and hire two men as firefighters as part of a settlement reached in a three-year-old lawsuit.

The five men who filed the suit claimed they were passed over for positions in the city's fire department because of mistakes that were made in the city's civil service program when an eligibility list was created in 2005.

"In defending the litigation, the city of Danbury did discover that some administrative errors were made in compiling that list," a statement released Wednesday on the settlement said.

Although the judge ruled back in Feb that there wasn't enough evidence to support some of the counts in the plaintiff's lawsuit, nonetheless, the fact that the city settled AND admitted to wrongdoing should trouble residents of Danbury who are now on the hook for the 450,000 price tab.

And what about our mayor who said that t6he city "categorically reject the allegations made in the complaint and defend our positions." Unfortunately, I guess our mayor is too busy running across the state running for governor to answer any questions from the media regarding why the city decided to settle as opposed to "defend our positions."
Mayor Mark Boughton could not be reached for comment Wednesday despite several attempts.

In honor of the last honest man's incognito status, lets go back in time and see what else Boughton said about the lawsuit when he was confronted about the case...


Someone at city hall just cost the people of Danbury 450,000 dollars and Boughton is too busy to answer Dirk Perrefort's call to his cell phone?!?

That being said, because of the high degree of allegations in this lawsuit that are still unanswered, the given the fact that the city has admitted to "wrongdoing" without stating any specifics, someone should remind Perrefort that as a reporter, he has a responsibility to go beyond recycling words in a simple press release and inform the public why they're on the hook for this settlement. While we're at it, someone should explain to our full-time candidate for Lt. Governor that, as the chief elected official in Danbury, he has an obligation to the public to answer questions regarding this lawsuit, not just ignore his phone.



Here's a small list of questions that the News-Times' Perrefort failed to ask in his article that needs to be answered…


  • If the city admitted wrongdoing, then who in particular screwed up?


  • How was the wrongdoing fix?


  • The plaintiff's complaint stated:
    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.

    Was there nepotism involved in the hiring of the firefighters? Is Mike Finn Sr. still on the payroll at City Hall? If he's not on the payroll, then doesn't the city have an obligation to the public to come forward and explain why's he's been removed from his role at Civil Service? What was current Former Fire Chief and currant City Councilman Phil Curran's involvement in the case? If the city's admittance of wrongdoing is in anyway connected to Curran, then shouldn't he be asked to resign from the city council?

  • If the mayor stated in 2009 that the city would clear fight these charges, why did the city settle the case as opposed to moving forward and fight the allegations?

Remember, WE the taxpayers are forking over 450,000 DOLLARS because someone screwed up. Boughton is the person who gave his blessing to this settlement and has a responsibility to take a moment from his fledgling gubernatorial campaign to answer questions.

...he is the mayor right?

Someone should remind Boughton that as MAYOR the buck stops with him; therefore he has a responsibility to inform the public regarding the numerous allegations raised in this lawsuit that are still unanswered. We're only talking about 450,000 DOLLARS (minus legal fees and other goodies).
In a later post, I'll explain in detail the judge's last ruling in this case before the settlement. Afterwards, you'll have a clearer understanding of what the city was up against and why it's important that Boughton, former chief (and current city councilman) Phil Curran and former Civil Service commissioner Mike Finn Sr. be questioned by the public and media about their role in the matter.

...we're only talking about 450,000 dollars (MINUS OTHER EXPENSES) of taxpayer's money...and in Boughton's case, a person who wants to become the state's next lieutenant governor

Now that you have a basic understanding of the allegations in the lawsuit, read the actual court document that list off the charges against Boughton, Curran, and the city of Danbury (the most damaging allegations are number 74-89 of count one).

THIS IS REQUIRED READING...



Superior Court, J.D. of Danbury at Danbury, 10.31.07

Timothy O'Hanlon and Adam Sussman, Plaintiffs

-v-

City of Danbury, Mark Boughton, in his official and individual capacity, Peter Siencienski, in his official and Individual capacity, Philip Curran, in his official and individual capacity, Geoffrey Herald, in his official and individual capacity, Michael Finn, Sr. in his official and individual capacity, Adam Hughes, Michael Sedgwick, John Whitehead, Justin Bierbower, Nate Chapin, Douglas Zaniewski, Kenneth Stilson, JonathanDeJoseph, Patrick Heron, Kent Bonsignore, James Gagliardo, Roger Bohan, James Carson, Sean Wanat, Joseph Stabile, Nicholas Velotti, Michael Vitolo, Philip Espitee, Kevin Lunnie, Gabriel Rivera, Kenneth Monteavaro, Michael Finn, Gregory Korotash, Jordan Sherman, Dikon Brown, Allan Lewis and Paul Perrotti, Defendants.

VERIFIED COMPLAINT

First Count: In the Nature of Quo Warranto

1. Timothy O'Hanlon ("O'Hanlon") is a resident of Danbury Connecticut and a candidate for a position with the Danbury Fire Department as an Entry Level
Firefighter.

2. Adam Sussman ("Sussman") is a resident of Bethel Connecticut and a candidate for a position with the Danbury Fire Department as an Entry Level Firefighter.

3. The City of Danbury, hereinafter, the "City", is a municipality organized and existing under the laws of the State of Connecticut.

4. Mark Boughton is and was, at all times relevant, the Mayor of the City of Danbury, hereinafter, the "Mayor".

5. Peter Siencienski was the Chief of the Danbury Fire Department, hereinafter, "Chief Siencienski".

6. Philip Curran was the Deputy Chief and then the interim Chief of the Danbury Fire Department, hereinafter, "Chief Curran".

7. Geoffrey Herald is the Chief of the Danbury Fire Department, hereinafter, "Chief Herald".

8. Michael Finn, Sr., is and was at all times relevant, the Chairman of the Civil Service Commission for the City of Danbury.

9. Defendants Adam Hughes, Michael Sedgwick, John Whitehead, Justin Bierbower, Nate Chapin, Douglas Zaniewski, Kenneth Stilson, Jonathan Dejoseph, Patrick Heron, Kent Bonsignore, James Gagliardo, Roger Bohan, James Carson, Sean Wanat, Joseph Stabile, Nicholas Velotti, Michael Vitolo, Philip Espitee, Kevin Lunnie, Gabriel Rivera, Kenneth Monteavaro, Michael Finn, Gregory Korotash, Jordan Sherman, Dikon Brown, Allan Lewis, and Paul Perrotti have each been appointed to positions as Entry Level Firefighters in violation of the City of Danbury Charter and the Civil Service Rules. Such positions should have been filled by persons that the open competitive examination determined to be more qualified as evidenced by their higher rank on the Entry Level Firefighter Eligibility List.

10. The City is organized under a Charter which establishes a "merit system" for the hiring and promotion of officers and employees of the City. Revised Charter of the City of Danbury approved November 6, 1990, Section 6-3, hereinafter, "Charter, Sec. ___".

11. The 'merit system" for the City is administered through the Personnel Department and the Civil Service Commission pursuant to the Charter and the Civil Service Rules and Regulations of the City of Danbury, effective 01/18/2000, hereinafter, "Civil Service Rules, Sec. ___".

12. The Civil Service Rules were established to "provide a means for selecting and promoting each public official and employee upon the sole basis of his or her proven ability to perform the duties of his or her office or employment more efficiently than any other candidate." Civil Service Rules, Introduction,

13. Further, the Civil Service Rules provide that the selection of employees "shall in no way be influenced by the race, religion, creed, color, sex, national origin, ancestry, marital status, citizenship, age, or political affiliation of the candidate." Id.

14, The Civil Service Rules proscribe the process by which a new employee is selected, including:

  • a. how a competitive examination is announced and what information the announcement must include, (Civil Service Rules, Sec. V. A. 1.);

  • b. the application procedure (Civil Service Rules, Sec. V. B.);

  • c. the examination's purpose, contents, procedure and what conduct will allow a candidate to be disqualified (Civil Service Rules, Sec. VI.);

  • d. how the examination will be conducted, scored, what preference points, if any, will be awarded, how the candidates' results will be used to assign a rank on the eligibility list, and how the results will be announced. Id. at H, and

  • e. how the eligibility lists will be used to certify eligible candidates to the Mayor for appointment. (Civil Service Rules, Sec. VII.).

15. Each provision of the Charter and the Civil Service Rules relating to the selection of candidates and employees must be strictly complied with by the City to eliminate bias and favoritism.

16. The policy of the City is that all appointments are made "upon the sole basis of his or her proven ability to perform the duties of his or her office or employment more efficiently than any other candidate … to be ascertained so far as practicable by competitive examination." Civil Service Rules, Introduction and Section VI Examinations, A. Policy.

17, In or about June 2005, the City announced that it would accept applications for "Firefighter- Entry Level" through July 21, 2005, The cost to apply for employment was $75.

18. The announcement stated that the candidates' final score would consist of the written examination: 60% and oral examination 40%, and a physical ability test: pass / fail. Further, candidates would receive additional credit for status as a veteran, a City resident, or a volunteer firefighter. The announcement does not state that an interview by any Fire Department administrator or by the Mayor will be considered in determining a candidate's relative qualification for a position.

19. O'Hanlon submitted an application with all of the required supporting documentation including a certification from the Connecticut Fire Academy that he had passed the physical ability test on July 12, 2005.

20. Sussman submitted an application with all of the required supporting documentation including a certification from the Connecticut Fire Academy that he had passed the physical ability test on April 7, 2005.

21. O'Hanlon and Sussman were notified that the written test would be administered August 22, 2005.

22. After signing in for the test, O'Hanlon observed that candidates who were arriving to take the test were allowed to mingle with candidates who had completed the test.

23.The oral portion of the examination was given on September 14,15, and 16th 2005.

24. On October 3, 2005, prior to the Entry Level Firefighter Eligibility List being promulgated on October 19, 2005, the City appointed six candidates; Seth Ambroso (ranked 3rd), James Croswell(ranked 6th), Raymond Guard (ranked 11 th), Shawn McGee(ranked 13th), Kevin Sullivan (ranked 14th), and Richard Gallagher (ranked 15th), (the, "First Round").

25. Appointing candidates to positions prior to the promulgation of the eligibility list violates the Civil Service Rules,

26. On the Entry Level Firefighter Eligibility List promulgated on October 19, 2005, Sussman ranked 8th and O'Hanlon ranked 18th, The firefighter/Defendants were ranked as follows:

Name, (Date of hire in rank in order of seniority) -- Rank

Ambrose, Seth (10/03/05) -- 3
Croswell, James (10/03/05) -- 6
Guard, Raymond (10/03/05) -- 11
McGee, Shawn (10/03/05) -- 13
Sullivan, Kevin (10103/05) -- 14
Gallagher, Richard (10/03/05) -- 15
Bruce, Gary (03102/06) -- 1
Sellick, Keith (03/02/06) -- 5
Mourges, Theodore (03/02/06) -- 9
Hughes, Adam (03/02/06) -- 19
Sedgwick, Michael (03/02/06) -- 21
Whitehead, John (03/02/06) -- 24
Hanson, Robert (07/06/06) -- 2
Cabral, Nicholas (07/06/06) -- 7
Houser, Adam (07106/06) -- 16
Bierbower, Justin (09/28/06) -- 53
Chapin, Nate (03/05/07) -- 23
Zamewski, Jouglas (03/05/07) -- 30
Stilson, Kenneth (03/05/07) -- 34
DeJoseph, Jonathan (03/05/07) -- 38
Heron, Patrick (03/05/07) -- 40
Bonsignore, Kent (06/22/07) -- 28
Gagliardo, James (06/22/07) -- 39
Bohan, Rodger (06/22/07) -- 61
Carson, James (06/22107) -- 72
Wanat, Sean (06/22/07) -- 80
Stabile, Joseph (06/22/07) -- 90
Velotti, Nicholas (06/22107) -- 91
Vitolo, Michael (06/22/07) -- 114
Espitee, Philip (recent) -- 47
Lunnie, Kevin (recent) -- 27
Rivera, Gabriel (recent) -- 69
Monteavaro, Kenneth (recent) -- 102
Finn, Michael (intend to hire list) -- 103
Korotash, Gregory (intend to hire list) -- 105
Sherman, Jordan (intend to hire list) -- 108
Brown, Dickon (intend to hire list) -- 119
Lewis, Allan (intend to hire list) -- 135
Perrotti, Paul (intend to hire list) -- 164
Conlon, Leonard (no longer employed) -- 66
Arnold, David (no longer employed) -- 33

27. Based upon the results of the merit competitive examination, nine unappointed candidates including Sussman were ranked higher (ie: more qualified) than at least one of the persons appointed on October 3, 2005.

28. Candidates 1, 2, 4, 5, 7, 8, 9, 10, and 12 were passed over.

29, On November 7, 2005, O'Hanlon was notified by the City that he was 18th on the list.

30. 0n November 7,2005, Sussman was notified by the City that he was 8th on the list.

31. 0n January 19,2006, Sussman was notified that the City of Danbury would be running a CPAT exam the following day. Sussman successfully completed the CPAT exam on January 20, 2006.

32. 0n February 10, 2006, a job offer was extended to Sussman, contingent on satisfactory results of a background check, and medical and psychological examination. Sussman immediately met with the Danbury police department and provided the required fingerprints, information and releases.

33. On February 14, 2006, O'Hanlon was notified that his application was deferred until the next round of hiring and that his name would remain on the eligibility list for at least one year.

34. On February 24, Sussman was informed by letter that the City did not have enough seats at the Fire Academy to send him to the Fire Academy and, therefore, he was being deferred to the next round of hiring, By implication, Sussman had successfully completed the requirements of the contingent offer.

35. 0n March 2, 2006, six additional candidates were appointed to positions; Gary Bruce (ranked 1 st), Keith Sellick (ranked 5th), Theodore Mourges (ranked 9th), Adam Hughes (ranked 19th), Michael Sedgwick (ranked 21) and John Whitehead (ranked 24th), (the, "Second Round").

36. Gary Bruce (ranked 1 st), Keith Sellick (ranked 5th), and Theodore Mourges (ranked 9th) ranked higher ie: more qualified than persons appointed in the First Round.

37. Based upon the results of the merit competitive examination, twelve unappointed candidates including Sussman (ranked 8th) and O'Hanlon (ranked 18th) were ranked higher ie: more qualified than at least one of the persons appointed on March 2, 2006.

38. Candidates 2, 4, 7, 8, 10, 12, 16, 17, 18, 20, 22 and 23 were passed over.

39. Although the City is allowed to strike from the eligibility list any candidate that has been certified to the Mayor three times but not appointed, on information and belief, the City did not strike every candidate that was certified to the Mayor three times but not appointed.

40. If the City claims it did strike certain candidates from the eligibility list for this reason, its action would be arbitrary and capricious because the City did not strike every candidate that has been certified to the Mayor three times but not appointed.

41. The City is required to notify a candidate that his/her name has been removed or stricken from the list and the reason therefore.

42. 0'Hanlon has not been notified that his name was removed or stricken from the eligibility list.

43. Sussman has not been notified that his name was removed or stricken from the eligibility list.

44. 0n July 6,2006, three additional candidates were appointed to.,positions; Robert Hanson (ranked 2nd), Nicholas Cabral (ranked ih), and Kyle Houser (ranked 16th) (the, "Third Round",).

45. Based upon the results of the merit competitive examination, four unappointed candidates including Sussman (ranked 8th) were ranked higher ie: more qualified than at least one of the persons appointed.

46. Candidates 4, 8, 10 and 12 were passed over.

47. Robert Hanson (ranked 2nd), Nicholas Cabral (ranked ih), and Kyle Houser (ranked 16th) each ranked higher (ie: more qualified) than persons appointed in the second round. Robert Hanson and Nicholas Cabral ranked higher (ie: more qualified) than persons hired in the first round.

48. On September 28, 2006 Justin Bierbower was appointed. He was ranked 53rd on the eligibility list. (The, "Fourth Round"). On that date there were 37 unappointed candidates ranked higher (ie: more qualified) than Bierbower.

49. Candidates 4, 8, 10, 12, 17, 18, 20, 22, 23, and 25-52 were passed over.

50. 0n information and belief, at some point, Candidate 4 was taken off the eligibility list.


51. 0n November 1, 2006, the eligibility list was revised, All remaining candidates were given revised rankings. Sussman was ranked 1. O'Hanlon was ranked 5.

52. 0n February 27,2007, five additional candidates were appointed; Nate Chapin(ranked 23rd then 8th), Douglas Zaniewski(ranked 30th then 14th), Kenneth Stilson(ranked 34th then 18th), Jonathan DeJoseph(ranked 38th then (22nd), and Patrick Heron(ranked 40th then 24th) (the, "Fifth Round").

53. Based upon the results of the merit competitive examination, nineteen unappointed candidates, including Sussman (8th) and O'Hanlon (18th), on the October 19, 2005 eligibility list were ranked higher ie: more qualified than at least one of the persons appointed.

54.Candidates 4, 8, 10, 12, 17, 18, 20, 22, 25-29, 31-33, 35-37, and 39 were passed over.

55. Based upon the results of the merit competitive examination, eighteen unappointed candidates including Sussman (8, then 1) and O'Hanlon (18, then 5) on the November 1, 2006 revised eligibility list were ranked higher ie: more qualified than at least one of the persons appointed. (Candidate 4 did not appear on revised list.)

56. Based upon the results of the merit competitive examination, Sussman and O'Hanlon ranked higher (ie: more qualified) on the eligibility lists dated October 19, 2005 and November 1, 2006 than Nate Chapin, Douglas Zaniewski, Kenneth Stilson, Jonathan DeJoseph, and Patrick Heron.

57. On June 22,2007 ten additional candidates were appointed to positions:

Kent Bonsignore(ranked 40th then 28th), David Arnold(ranked 33rd then 1 ih), James Gagliardo(ranked 39th then 23rd), Roger Bohan(ranked 61 st then 2ih), James Carson (ranked 72nd then 58th), Leonard Conlon(ranked 66th then 52nd), Sean Wanat(ranked 80th then 66th), Joseph Stabile(ranked 90th then 76th), Nicholas Velotti(ranked 91 st then 77th) and Michael Vitolo(ranked 114th then 100th) ( the, "Sixth Round").

58. Sussman and O'Hanlon ranked higher (ie: more qualified) on the eligibility lists dated October 19, 2005 and November 1, 2006 than any person appointed on June 22, 2007.

59. Eighty four unappointed candidates on the October 19, 2005 eligibility list were ranked higher (ie: more qualified) than at least one of the persons appointed on June 22, 2007.

60. Candidates 4, 8, 10, 12, 17, 18, 20, 22, 25-27, 29, 31, 32, 35-37, 41-47, 48-51, 54-60, 62-65, 67-71, 73-79, and 81-89, 92-113 were passed over.

61. Eighty three unappointed candidates on the November 1, 2006 revised eligibility list were ranked higher (ie: more qualified) than at least one of the persons appointed on June 22, 2007. (Candidate 4 did not appear on revised list. )

62. Kent Bonsignore, David Arnold, and James Gagliardo were each appointed after persons having a lower rank (ie: less qualified) on either eligibility list were appointed.

63. As of this date, at least four additional candidates have been appointed to positions; Kevin Lunnie (ranked 2ih then 11th), Philip Espitee (ranked 4ih then 31 st), Gabriel Rivera (ranked 69th then 55th), and Kenneth Monteavaro (ranked 1 02nd then 88th), (the, "Seventh Round").

64. Sussman and O'Hanlon ranked higher (ie: more qualified) on the eligibility lists dated October 19, 2005 and November 1, 2006 than Philip Espitee, Kevin Lunnie, Gabriel Rivera, and Kenneth Monteavaro.

65. Eighty four unappointed candidates on the October 19, 2005 eligibility list were ranked higher (ie: more qualified) than at least one of the persons appointed on June 22, 2007.

66. Candidates 4, 8, 10, 12, 17, 18, 20, 22, 25, 26, 29, 31, 32, 35-37, 41-46, 48-51, 54-60, 62-65, 67, 68, 70, 71, 73-79, and 81-89, 92-101 were passed over

67. Eighty three unappointed candidates on the November 1, 2006 revised eligibility list were ranked higher (ie: more qualified) than at least one of the persons appointed on June 22, 2007. (Candidate 4 was removed from the revised liSt.)

68. Philip Espitee, Kevin Lunnie, Gabriel Rivera, and Kenneth Monteavaro were each appointed after persons having a lower rank (ie: less qualified) on either eligibility list.

69. On information and belief six additional candidates have been appointed through the use of conditional offers to hire in April 2008; Michael Finn (ranked 1 03rd then 89th), Gregory Korotash (ranked 105th then 91 st), Jordan Sherman (ranked 1 08th then 94th), Dikon Brown (ranked 119th then 105th), Allan Lewis (ranked 135th then 121 st), and Paul Perrotti (ranked 164th then 150th), (the "Eighth Round").

70. Candidates 4, 8, 10,12, 17, 18, 20, 22, 25,26, 29, 31, 32, 35-37, 41-46, 48-51, 54-60, 62-65, 67, 68, 70, 71, 73-79, and 81-89, 92-101, 104, 106, 107, 109-118, 120-134, and 136-163 were passed over.

71.Sussman and O'Hanlon ranked higher ie: more qualified on the eligibility lists dated October 19, 2005 and November 1, 2006 than Michael Finn, Gregory Korotash, Jordan Sherman, Dikon Brown, Allan Lewis, and Paul Perrotti.

72, One hundred twenty three unappointed candidates on the October 19, 2005 eligibility list were ranked higher ie: more qualified than at least one of the persons appointed on June 22, 2007 One hundred twenty two unappointed candidates on the November 1, 2006 revised eligibility list were ranked higher ie: more qualified than at least one of the persons appointed on June 22, 2007.

73. Adam Hughes, Michael Sedgwick, John Whitehead, Justin Bierbower, Nate Chapin, Douglas Zaniewski, Kenneth Stilson, Jonathan DeJoseph, Patrick Heron, Kent Bonsignore, James Gagliardo, Roger Bohan, James Carson, Sean Wanat, Joseph Stabile, Nicholas Velotti, Michael Vitolo, Philip Espitee, Kevin Lunnie, Gabriel Rivera, Kenneth Monteavaro, Michael Finn, Gregory Korotash, Jordan Sherman, Dikon Brown, Allan Lewis, and Paul Perrotti have each been appointed to positions that pursuant to the Charter and the Civil Service Rules of the City of Danbury should have gone to persons that the merit competitive examination and the City of Danbury determined to be more qualified as evidenced by their higher rank on the Eligibility List in violation of the Charter, the Civil Service Rules and the policy of the City of Danbury.

74. On information and belief, Michael Finn, one of the candidates that were appointed over higher ranking ie: more qualified candidates is the son of Michael Finn, Sr. the Chairman of the Civil Service Commission.

75. On information and belief, Michael Finn was arrested and prosecuted for impersonating a police officer. On information and belief, Michael Finn was ultimately convicted of a misdemeanor.

76. On information and belief, other candidates listed in paragraph 66 are related by blood, marriage or impending marriage to current and past fire department administrators.

77. 0n information and belief, certain candidates, including O'Hanlon and Sussman, were passed over because City officials, including the Mayor and Fire Department administrators "blackballed" the candidates based on unofficial investigations.

78. The Civil Service Rules designates the Civil Service Commission with the sole authority to do a pre-employment "police record, employment, educational and reference check" and post-appointment employment verification and police record check.

79. Neither pre-employment nor post-appointment investigation was initiated or completed regarding Timothy O'Hanlon,

80. Sussman was never informed of any negative information discovered about him pursuant to the background check he authorized.

81. Neither Sussman nor O'Hanlon was given an opportunity to address or appeal the "blackball".

82. Based on the Civil Service Rules and the Charter, the authority to appoint or pass over O'Hanlon was the Mayor's alone, based on the objective testing, satisfactory physical ability test, and criminal background check.

83. 0n information and belief, the decision to pass over Sussman and O'Hanlon was made by Fire Department officials based on false and defamatory information procured outside of the background check process required by the Civil Service Rules.

84. Connecticut General Statute§ 52-491 provides:

"When any person or corporation usurps the exercise of any office, franchise or jurisdiction, the Superior Court may proceed, on a complaint in the nature of a quo warranto, to punish such person or corporation for such usurpation, according to the course of the common law and may proceed therein and render judgment according to the course of the common law,"

85. Since October 3, 2005, Adam Sussman has been and continues to be wrongfully denied appointment to the position of Entry Level Firefighter in the Danbury Fire Department.

86. Since March 2, 2006, Timothy O'Hanlon has been and continues to be wrongfully denied appointment to the position of Entry Level Firefighter in the Danbury Fire Department.

87. Because defendant Boughton was required by the City's Charter and Civil Service Rules to select Sussman and O'Hanlon over lower ranked ie: less qualified candidates as determined by the competitive examination, defendants Adam Hughes, Michael Sedgwick, John Whitehead, Justin Bierbower, Nate Chapin, Douglas Zaniewski, Kenneth Stilson, Jonathan DeJoseph, Patrick Heron, Kent Bonsignore, James Gagliardo, Roger Bohan, James Carson, Sean Wanat, JosephStabile, Nicholas Velotti, Michael Vitolo, Philip Espitee, Kevin Lunnie, Gabriel Rivera, Kenneth Monteavaro, Michael Finn, Gregory Korotash, Jordan Sherman, Dikon Brown, Allan Lewis, and Paul Perrotti are not legally occupying the position of Entry Level Firefighter in the Danbury Fire Department

88. Therefore, Plaintiffs request that the defendants show by what right defendants Adam Hughes, Michael Sedgwick, John Whitehead, Justin Bierbower, Nate Chapin, Douglas Zaniewski, Kenneth Stilson, Jonathan DeJoseph, Patrick Heron, Kent Bonsignore, James Gagliardo, Roger Bohan, James Carson, Sean Wanat, Joseph Stabile, Nicholas Velotti, Michael Vitolo, Philip Espitee, Kevin Lunnie, Gabriel Rivera, Kenneth Monteavaro, Michael Finn, Gregory Korotash, Jordan Sherman, Dikon Brown, Allan Lewis, and Paul Perrotti hold these positions.

89. Further, if defendants cannot prove their right to each of these positions, Plaintiffs request an order to unseat each of these illegal office holders and declare these positions vacant.



Second Count: In the Nature of Mandamus Sec. 52-485

1-87 Plaintiffs reasserts and re-alleges paragraphs 1-87 of the First Count as if set out here.

88. The City is required to select employees "upon the sole basis of his or her proven ability to perform the duties of his or her office or employment more efficiently than any other candidate ... to be ascertained so far as practicable by competitive examination," Civil Service Rules, Introduction and Section VI Examinations, A. Policy.

89. Defendants Adam Hughes, Michael Sedgwick, John Whitehead, Justin Bierbower, Nate Chapin, Douglas Zaniewski, Kenneth Stilson, Jonathan DeJoseph, Patrick Heron, Kent Bonsignore, David Arnold, James Gagliardo, Roger Bohan, James Carson, Sean Wanat, Joseph Stabile, Nicholas Velotti, Michael Vitolo, Philip Espitee, Kevin Lunnie, Gabriel Rivera, Kenneth Monteavaro, Michael Finn, Gregory Korotash, Jordan Sherman, Dikon Brown, Allan Lewis, and Paul Perrotti are not legally entitled to hold these positions because the Charter and Civil Service Rules require selection on the basis of merit as determined by relative rank based on the results of a competitive examination.

90. Plaintiffs have no adequate remedy at law.

91. Plaintiffs request an order requiring the City to appoint them to positions of Entry Level Firefighter as of October 3, 2005 (Sussman) March 2, 2006 (O'Hanlon) with all of the rights, benefits and compensation thereto.

Third Count: 42 USC § 1983- Equal Protection

1-87. Plaintiffs reassert and re-allege paragraphs 1-87 of the First Count as if set out here.

88. The defendant's actions were taken under color of state law,

89. The Equal Protection Clause requires that the government treat similarly situated people alike.

90, O'Hanlon and Sussman have been intentionally treated differently from others similarly situated and there is no rational basis for that treatment.

91. There is no legitimate governmental policy to justify passing over more qualified candidates to appoint less qualified persons as described above.

92. Alternatively, such selective treatment was based on an impermissible. Consideration such as intent to hinder constitutional rights, or malicious or bad faith intent to injure O'Hanlon and Sussman.

93. Plaintiffs request an order requiring the City to appoint them to a position of Entry Level Firefighter as of October 3, 2005 (Sussman) and March 2, 2006 (O'Hanlon) with all of the rights, benefits and compensation thereto.

94. Under § 1983, plaintiffs are also entitled to be compensated for their loss of experience and training, loss of promotional opportunities, emotional distress including humiliation and loss of respect, attorneys fees and court costs.

95. Sussman and O'Hanlon are also entitled to punitive damages against defendants Peter Siencienski, Philip Curran, Geoffrey Herald and Mark Boughton in that their conduct in wrongfully failing to appoint Sussman O'Hanlon was "motivated by evil motive or intent" andlor "involve[d] reckless or callous indifference" to plaintiff's federally protected rights.

WHEREFORE, plaintiffs Adam Sussman and Timothy O'Hanlon demands judgment against defendants as follows:

  • a) on the First Count, Plaintiffs request that the defendants show by what right defendants Adam Hughes, Michael Sedgwick, John Whitehead, Justin Bierbower, Nate Chapin, Douglas Zaniewski, Kenneth Stilson, Jonathan DeJoseph, Patrick Heron, Kent Bonsignore, David Arnold, James Gagliardo, Roger Bohan, James Carson, Sean Wanat, Joseph Stabile, Nicholas Velotti, Michael Vitolo, Philip Espitee, Kevin Lunnie, Gabriel Rivera, Kenneth Monteavaro, Michael Finn, Gregory Korotash, Jordan Sherman, Dikon Brown, Allan Lewis, and Paul Perrotti hold these positions,


  • b) Further, if defendants cannot prove their right to each of these positions, Plaintiffs request an order to unseat each of these illegal office holders and declare these positions vacant.


  • c) On the Second Count, Plaintiffs request an order requiring the City to appoint them to positions of Entry Level Firefighter as of October 3, 2005 (Sussman) and March 2, 2006 (O'Hanlon) with all of the rights, benefits and compensation thereto.


  • d) On the Third Count, Plaintiffs request an order requiring the City to appoint them to positions of Entry Level Firefighter as of October 3, 2005 (Sussman) and March 2, 2006 (O'Hanlon) with all of the rights, benefits and compensation thereto and to be compensated for his loss of experience and training, loss of promotional opportunities, emotional distress including humiliation and loss of respect, attorneys fees and court costs. O'Hanlon and Sussman are also entitled to punitive damages against defendants Peter Siencienski, Philip Curran, Geoffrey Herald and Mark Boughton.


  • e) such other and further relief which this Court deems just and proper.


Plaintiffs

By: Elisabeth Seicroe Maurer
Maurer & Associates, PC
Attorney for Plaintiffs
871 Ethan Allen Hwy, St. 202
Ridgefield, CT 06877
Phone: (203) 438-1388
Fax: (203) 431-0357
emaurer@maurerandassociates.com

LIVE VIDEO STREAM: Democratic 24th State Senate convention

Monday, May 24, 2010
Time: 6:38 PM

Today, Democrats in the 24th State Senate district will be choosing their candidate to face Mike McLachlan in November.

There are two Democrats who are seeking their party's nomination tonight, Danbury City Councilman Paul Rotello and former Bethel First Selectwoman Alice Hutchinson.

You can watch tonight's proceedings LIVE starting at 7:30.

UPDATE: The convention is over and Hutchinson is the nominee with Rotello receiving enough delegate votes to force a primary.

Here's the recorded video. I'll post a wrap-up on the convention, including my interviews with Hutchinson and Rotello, later.


© 2013 Hat City Blog | READ, WATCH, AND LEARN.
No part of the content or the blog may be reproduced without prior written permission.
PEOPLE-POWERED MEDIA.

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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.

CLICK HERE TO READ/DOWNLOAD MAYOR BOUGHTON'S DEPOSITION

CLICK HERE TO READ/DOWNLOAD MIKE McLACHLAN (then MAYOR CHIEF OF STAFF) DEPOSITION

Danbury Area Coalition for the Rights of Immigrants v.
U.S. Dept. of Homeland Security
3:06-cv-01992-RNC ( D. Conn. )

(02.25.08) Court docket

(10.24.07) Memorandum in Opposition to Defendant's Emergency Motion for Protective Order

(09.26.07) Press Release

(12.14.06) Complaint


Barrera v. Boughton, No. 07-01436
(D. Conn. filed Sept. 26, 2007)

(02.25.08) Court Docket

Amended complaint

Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction

Defendants' Motion to Dismiss State Law Claims

Plaintiffs' Opposition to Motion to Dismiss

Order on Motion to Dismiss

Defendants' Answer to Amended Complaint

NEW HAVEN REGISTER: Immigrant's 2006 arrest was flawed Danbury mayor testifies

(10.05.07 (VIDEO) Boughton mislead the public about Danbury's involvement in raid

(09.18.07) Yale Law Students expose Danbury involvement in raid

(12.14.06) VIDEO: Interview with Yale Law Students at FOI presser

(12.14.06) VIDEO: Danbury 11 FOI complaint media roundup

City Clerk Jean Natale standing next to skinhead sparks outrage

(10.03.06) VIDEO: Danbury 11 rally

(09.29.06) VIDEO: Danbury 11 case deepens

Word of raid spread across the country

(09/29/06) VIDEO: Danbury 11 protest news conference

(09/29/06) Immigrant newspaper "El Canillita" gives best account of ICE day labor raid at Kennedy Park


Politics_Over_People
View Boughton's campaign finance statements from 2001-present (COMING SOON)

When questioned, Boughton fails to address the issue of anti-immigrant racism in Danbury

City admits mistakes in firefighter lawsuit, taxpayers forced to pay 450K settlement, and Boughton offers no comment, no details of accountability

READ allegations of wrongdoing by Boughton filed by the plaintiffs

Boughton misleads public about World Cup games "spontaneous" celebrations for FOUR years

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MARK BOUGHTON'S TICKING TIME BOMB

DOWNLOAD AND ANALYZE MARK BOUGHTON'S ELECTION AND PAC FINANCE REPORTS

Why won't Boughton give back Galante money?

Boughton contributor goes to jail

Fairfield Weekly questions Boughton's honesty

Hatrford Courant's Stan Smith not believing Boughton

Connecting the dots

Boughton-Galante connection established


APPEAL HEARING: 10/21/14 @ 09:30 AM

Directions to Litchfield Court House

Decision Day: GUILTY!

Day Ten: Moving forward

Day Nine: DNA

Day Eight: The seven trillion dollar man

Day Seven: Jury Trial

Day Six: Motions denied

Day Five: Endless subpoenas and bizarre motions to dismiss

Day Three/Four: He's competent!

Day Two: Excuses, excuses

Day One: Strange behavior, disturbing arrest warrant affidavit

McGowan arrested, charged with first-degree sexual assault


Read the full report on
the gross incompetence of
City Clerk Jean Natale

Watch Jean Natale's misleading, questionable, and outrageous testimony in front of the charter revision commission

Natale moonlighting during City Hall business hours

Republcian Common Council member claim City Clerk of being "racially motivated" in the Hispanic Center ad-hoc committee case

Danbury News-Times editorial criticizes City Clerk "racially motivated" involvement in Hispanic Center ad-hoc committee case

Photo of City Clerk standing next to skinhead holding anti-immigrant death threat sign

Public complains that the City Clerk is never available in her office / spends most of her time in the Registrar of Voters office

City Clerk confronts and yells at her critics at City Hall

Transcript of Minority Leader Tom Saadi criticizing Jean Natale's performance.

Freedom of Informaiton ruling on a complaint filed against Jean Natale.


Elise_Deer Highlighting the disturbing mind of a hate group leader and her xenophobic followers...

Exposing lies from Marciano regarding death threat made against yours truly

VIDEO: Marcaino shows her anti-Muslim side

I'm an AMERICAN!!!!!

MORE TO COME!!!

TOM "Big(o)T BENNETT HAS ONLY HIMSELF
TO BLAME



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Screen shot 2009-11-30 at 5.12.04 PM 2010 CTTF: Common Council debate

2010 CTFF: Funding ad hoc committee #2

2010 CTFF: Funding ad hoc committee meeting #1

2009 CTFF: Common Council funding debate

2009 CTFF: Funding ad hoc committee meeting

OPENING NIGHT 2008

LOCAL ACCESS: Roundtable discussion on '08 CTFF