Decision could take a year

CORNWALL — Town officials spent six hours testifying in Hartford May 13 on a Freedom of Information (FOI) complaint filed by former highway department foreman Rick Stone.First Selectman Gordon Ridgway said he and another selectman and the town finance officer appeared before a hearing officer who is mediating the case. A draft decision is expected to be sent to the FOI commission as early as June.Stone filed the complaint Nov. 23, 2010, a month after he resigned from the job following questions about finances and equipment. The conflict apparently involved fuel and a new starter for a piece of heavy equipment owned by Stone that was, possibly, used for town work. The day after his resignation, Stone gave Finance Officer Barbara Herbst a check for $120 for fuel and another for $189 for the starter. He hired an attorney who wrote to the selectmen claiming Stone’s resignation was coerced and that he expected to be reinstated. Stone had held the job for about three years.The FOI complaint deals with alleged procedural missteps in noticing and conducting the executive session. Town Attorney Perley Grimes responded with documents that support proper noticing, and sworn statements from the selectmen about procedure that dispute Stone’s allegations. The allegations included not advising Stone in advance that his job performance would be reviewed and not allowing him the opportunity to have that review done publically.A spokesperson for the FOI Commission said no comment can be made on a pending matter. A final decision could be weeks or months down the road, depending on case load. The draft decision goes next to an administrative review before being added to the queue for the commission docket. Commissioners may take some time to amend the draft decision before voting. The commission has up to one year to complete a case.Even then, a decision may not be final. The aggrieved party has the right to appeal in court.

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