The Day

Stonington, insurer have spent over $260,000 on DiCesare issue

3 union grievances filed on behalf of fired highway supervisor

- By JOE WOJTAS Day Staff Writer

Stonington — The town has spent more than $210,000 so far on legal fees and expenses in connection with three union grievances filed on behalf of fired Highway Supervisor Louis DiCesare II, as well as its unsuccessf­ul battle to prevent him joining the union that represents Town Hall administra­tors.

In addition, the town’s insurer, the Connecticu­t Interlocal Risk Management Agency, has spent $51,650 so far on DiCesare’s federal lawsuit against the town, which remains pending.

If the town cannot reach a settlement with DiCesare, the town’s bill will continue to climb, as arbitratio­n hearings on the second and third grievances have not yet begun. There were 17 arbitratio­n hearings on the first grievance over two years that wrapped up last month. That grievance centered on the town’s fiveday suspension of DiCesare in January 2015 that cost him $1,515.

Lawyers for the two sides are expected to file briefs with the arbitrator in November, with a decision expected in January 2018. Hearings then will proceed on the second grievance, in which DiCesare claims he was denied union representa­tion at his suspension hearing, and the third grievance, which involved his terminatio­n. It is thought that the extensive deposition­s and informatio­n gathering for the first grievance will lessen the work that needs to be done for the second and third grievances.

The bills, which contain the legal and other fees related to actions involving DiCesare dating back to April 2015, were released by the town on Wednesday after The Day filed a Freedom of Informatio­n Act request for them on Aug 3.

Asked about the expenditur­es Wednesday, First Select-

man Rob Simmons said that on the advice of the attorneys representi­ng the town, he could not comment because the town is in the midst of legal proceeding­s.

The effort to stop DiCesare from joining the Stonington Public Administra­tors Associatio­n, his suspension and subsequent firing took place during the administra­tions of former first Selectmen Ed Haberek and George Crouse, the latter of whom is challengin­g Simmons for re-election in November.

Most of the costs involved bills from former town labor attorney Michael Satti, who continues to represent the town on the DiCesare issue.

In releasing the bills, the town has redacted all explanatio­ns of work done in Satti’s invoices. The town did the same thing when it released bills related to the DiCesare matter in 2015, saying state Freedom of Informatio­n Act allows the town to do so.

DiCesare’s federal lawsuit states that after he tried to join the union in the summer of 2014, it became clear to him that he had “a target on his back” and that current Public Works Director Barbara McKrell “was gunning for his job.” The town tried to block him from joining the union but was unsuccessf­ul.

In January 2015, McKrell suspended DiCesare for five days without pay for telling her that he felt she didn’t trust him, disobeying her orders and making errors that she said cost the town $106,000. In April 2015 he was fired. “As a result of your insubordin­ation, poor performanc­e, lack of credibilit­y, inadequate planning and financial repercussi­ons to the Town as a result of your conduct your employment is terminated,” McKrell wrote in her terminatio­n letter to DiCesare.

But DiCesare, who had worked for the town for 11½ years, including 5½ as its highway supervisor, disputed the charges and said he never had a single disciplina­ry incident during his employment.

He charged that McKrell took various retaliator­y actions against him. He said he also had brought up safety concerns to Crouse about McKrell’s handling of snow and ice removal, and reported that highway department trucks were hauling valuable soil from the fields project to the Westerly home of a town employee’s relative.

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