Civil service lawsuit likely to be dropped

WINSTED — With a new administration now in place at Town Hall, the Civil Service Commission expects to drop its lawsuit that would force the town to rescind the temporary appointments of two town foremen to jointly run the Public Works Department.

The commission has argued that the appointments violate the Town Charter and civil service rules.

But with a new mayor and town board in place — and former Town Manager Keith Robbins resigning last week — Civil Service Commission member Porter Griffin said his board hopes the situation will be settled without moving forward with the suit.

“Our lawyer is on hold,� Griffin told The Journal last Thursday, Nov. 12.

Griffin added that while he anticipates the new Board of Selectmen “will do the right thing� and reverse the appointments, “there has to be action taken to first comply with the law.�

“And as soon as the matter is resolved, we will withdraw the suit,� he said.

The commission filed the suit against Robbins in Litchfield Superior Court on Oct. 8, claiming he had illegally promoted public works foremen James McCarthy and Joe Lemelin to temporarily head the department after its former director, Patrick Hague, retired June 30.

The temporary appointments, along with the salary increases that accompanied the additional responsibilities taken on by each man, were put into place after a memorandum of understanding was signed by Robbins and the department’s labor union on July 15.

According to the commission’s lawsuit, the agreement states that the appointments would expire when a new department head was named by the town or by Dec. 31 of this year — whichever comes first.

But commission members argue that by giving the foremen additional responsibilities not named in their original civil service job descriptions, Robbins had effectively created two new positions within the department. Only the Board of Selectmen can create new positions.

In addition, the commission also claims in its suit that Robbins did not follow proper procedure when making the temporary appointments.

According to a certificate of action the commission filed with the town clerk’s office on Dec. 2, 2008, any town “appointing authority� requesting to make a temporary, provisional or emergency appointment within Winsted’s civil service must first submit information to the board certifying that the proposed candidate meets or exceeds “the minimum position qualifications� for the post.

Then, within five days of receipt of the candidate’s written application for the opening, the commission is required to hold a public meeting in which the request will either be approved or denied.

If a temporary appointment is approved, the commission’s examiner would then be required to conduct a new examination process to create a list of eligible candidates to permanently fill the vacant position.

The commission’s lawsuit claims that Robbins never received the required authorization of the Board of Selectmen to sign the memorandum with the labor union nor to create new or modified postions within the public works department.

In addition, the commission says Robbins never submitted the temporary appointments for its members’ approval, a violation of the Town Charter and the civil service rules.

When asked by the commission to rescind the appointments, Robbins refused, arguing that he had the authority to enter into the agreement.

In August, Town Attorney Kevin Nelligan wrote that the two appointments were covered by civil service rules, and recommended that Robbins seek the authorization of the Civil Service Commission, according to the lawsuit.

Because of this, the commission filed suit against Robbins and the members of the Board of Selectmen at that time demanding they rescind the two appointments and return the two men to their previous posts and salary levels.

Winsted adopted the merit system for the appointment and promotion of most unelected town employees in 1997.

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