Termination Could Be Costly for Towns in Connecticut River Estuary Region

REGIONAL - Connecticut River Estuary Regional towns may have to foot a hefty bill because of actions conducted by board members appointed to serve on the Estuary Transit District, ETD.

The action leading to the highest cost is the termination of ETD Executive Director Brad Beecher who was responsible for day-to-day operations of the transit district since November 2006.

Deep River First Selectman Dick Smith, who represents his town on the board, said "(Westbrook First Selectman Noel) Bishop, (Lyme First Selectman Ralph) Eno, (Old Saybrook First Selectman Michael) Pace, and myself, have been attempting long before today to resolve the issue but they (ETD) did not take our advice," Smith said.

Smith said over $20,000 of the district's $900,000 budget has been spent in legal fees.

While most of the district's money comes from state and federal grants, legal costs not already in the budget must be bore by the towns.

At a Lower Connecticut River Valley Selectmen Association, LCRVSA, meeting in October, Smith said he refuses to allow the town to pay for ETD legal fees.

Specifically, Smith said that, "things were not done properly regarding the handling of employees and the posting of meetings."

A transcript from the Freedom of Information (FOI) Jan. 24 hearing states that ETD Treasurer and Old Lyme representative John Forbis said he met with Chairwoman and Westbrook representative Doris Sanstrom and former chairwoman Virginia Zawoy during the month of August to draft a report regarding Beecher's termination.

The meetings were held illegally since the selectmen board members, who include, Bishop, Smith, and Old Lyme First Selectman Tim Griswold were not informed about them and no meeting agendas or minutes were ever produced.

Findings from the report were presented to the full board on Aug. 24 even though the report was never voted on or approved.

Beecher said he was asked to step down, but refused, and with the advice of Pace, Eno, and State Representative Marilyn Giuiliano, R-23, was asked to report to work on Aug. 27.

When he attempted to go to work, Beecher said Forbis changed the locks of the ETD office, which is located on the upper level of Saybrook Junction, and called Old Saybrook Police claiming Beecher had threatened Lead Dispatcher Sue Traskos.

Beecher also said that Forbis used public funds to hire security guards to stand outside the Saybrook Junction building for two days in order to keep Beecher from entering.

While Beecher received a termination letter on Sept. 7 from Sanstrom, ETD Attorney John Letizia stated at the FOI hearing that it "wasn't an action of the board."
Beecher claims Sanstrom does not have the power to terminate employees without an ETD board vote or approval.

In complaints filed with the ETD and the LCRVSA, Beecher called for the removal of Sanstrom and Forbis from ETD and requested they be subject to additional disciplinary action.

Beecher also claimed that "Old Lyme (First) Selectman Tim Griswold is aware of the violations of law by John Forbis but has failed to remove him," adding that he should possibly be removed from the board and disciplined.

In a Jan. 30 e-mail to Letizia, Beecher threatened civil action against the ETD, Sanstrom, Forbis, the towns the two represent, Finance Manager Halayna Famiglietti, and Operations Manager Paul Tyrell.

Forbis said he was unable to answer any questions regarding possible litigation or about the FOI hearing.

A FOI Commission representative said the decision to hold additional hearings will be made after the filing deadline on Feb. 20.

Beecher said Hearing Officer Clifton Leonhardt encouraged the parties to come to an out-of-court settlement.

In Beecher's mind, an appropriate settlement would involve getting his job back, receiving back pay, and receiving a certain amount for damages to him and his reputation.

According to Jan. 9 LCRVSA meeting minutes, Forbis said he felt the ETD could pay settlement costs as long as the matter does not go to trial.

Forbis said the board intends to fill the Executive Director position after board approval of a revised job description and personnel policies spelling out the interaction between the board and the Executive Director.

For now, Forbis said ETD will continue to be managed by a triarchy consisting of Famigletti, Tyrrell, and Traskos.