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Town has strong response to Rick Stone's claims of unfair firing

CORNWALL — A Freedom of Information Act (FOIA) complaint filed by former road crew Foreman Rick Stone has led to an aggressive response by the town.

The Board of Selectmen met with Town Attorney Perley Grimes Dec. 9 to devise a legal response to file with the Freedom of Information Commission. It includes a motion to dismiss, backed up by affidavits and evidence. It accuses Stone of “abusing the FOIA process by submitting a frivolous and unfounded appeal,� and encourages the commission to impose a civil penalty on Stone.

Stone resigned during a lengthy meeting with the selectmen, held in executive session Oct. 26, to discuss his use of town funds for fuel and a new starter for equipment owned by Stone. It has not been made clear to the general public if that equipment was used for town work, and whether Stone was to bill the town for its use or if he intended to reimburse the town.

On Oct. 27, Stone gave the town financial officer two checks (drawn on the Cornwall Water Company, which he owns) for $120 for fuel and $189 for the starter.

On Nov. 5, his attorney, Jeffrey Sienkiewicz, wrote to the selectmen, stating that Stone’s resignation was “coerced by the board and is not voluntary.�

“Mr. Stone is prepared to return to work as road foreman immediately. He is prepared to follow such rules of conduct as may be specified by the board,� Sienkiewicz wrote. “Please advise whether Mr. Stone will be reinstated.�

On Nov. 23, Stone filed the Freedom of Information complaint, alleging the selectmen did not properly notice the Oct. 26 meeting to the public or himself, saying that he was unaware his job performance was to be discussed; and claiming that he was not given the opportunity, as required, to have that discussion held publicly.

In the Dec. 10 response, Attorney Grimes submitted evidence, along with 17 pages of case law, to the Freedom of Information Commission.

It noted a complaint may be dismissed if no error on the part of the respondent (defendant) is found, or if (as per state statute) “the agency committed a technical violation of the Freedom of Information Act that constitutes a harmless error that does not infringe the appellant’s rights under said act.�

The response to Stone’s allegations includes a sworn statement by Town Clerk Vera Dinneen that public notice of the special meeting of Oct. 26 was filed within 24 hours of the meeting.

It claims, with no case law to be found to the contrary, that once an individual attends a meeting, he cannot claim he did not receive sufficient notice.

Specific to this situation, Stone was an “at will� employee of the town and as such was required to attend meetings at the direction of the selectmen. Stone was allegedly told on Oct. 25 by First Selectman Gordon Ridgway to come to the meeting the following evening. Stone has claimed he was told the meeting concerned the highway department budget.

The selectmen swore in an affidavit that at the beginning of the Oct. 26 meeting, prior to going into executive session, Stone was advised his job performance would be discussed and that he had the right to allow it to be done publicly.

The response also claims that “personnel� was an adequate description under the law of the agenda of the Oct. 26 meeting, which read specifically, “1. Executive Session: Personnel� and “2. Public Session: Personnel.� During the public portion, the board voted to accept Stone’s resignation.

The response also states that the checks Stone submitted to the town “is an admission that those expenditures were inappropriate. By doing so, the next day he confirmed his voluntary resignation.�

The response also notes that no other Freedom of Information complaints have been filed by any member of the public, on this issue and that the 30-day deadline to do so has passed. As well, it stated that Stone “does not have standing to assert on behalf of the “public� those “rights of the public.�

The complaint is not yet on the agenda of a Freedom of Information Commission meeting.

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