Town employee probes questioned
Stonington police detective and former first selectman say reports have errors
Stonington — A town police detective and a former first selectman both criticized two recent investigations performed by town Labor Attorney Meredith Diette of complaints involving Director of Public Works Barbara McKrell and building officials Lawrence Stannard and Robert Chevalier.
Detective Greg Howard and former First Selectman Donald Maranell told the Board of Selectmen on Wednesday night that the investigative reports that the town paid almost $20,000 to Diette to compile about the three employees have factual errors in them and should be corrected.
In addition, Maranell said the town never needed to pay Diette $250 an hour to conduct the investigations, as the town’s harassment policy clearly states that it should use its own management staff not involved in the dispute to conduct such probes.
Howard questioned how Diette could have concluded that Stannard did not abuse his power by forcing him to hire a mechanical contractor to inspect his home when no mechanical work was done. In addition, he charged that First Selectman Rob Simmons called police Chief J. Darren Stewart and Stannard called police Captain Todd Olson about Howard’s complaint after he filed it. Howard has said that calling his superiors about a building code and not a police issue was a way to try to intimidate him.
“That may be why people feel intimidated when it comes to complaining about the building officials,” he said.
Maranell’s comments came in relation to Diette’s investigation of a
complaint by highway department employee Daniel Oliverio, who charged that McKrell had harassed and targeted him for discipline.
But Diette’s 27-page report found that “the evidence does not support a finding that McKrell’s alleged actions rise to the level of creating a hostile work environment or engaging in retaliation” and that McKrell’s explanation of events with Oliverio are not unreasonable and are supported by witnesses and other evidence.
Complaint details
Oliverio filed his complaint about McKrell after an April 18 incident in which she instructed Highway Foreman Tim Keena to call Oliverio over the townwide radio system instead of using a cellphone to ask what time he took a coffee break that day. Oliverio, who has worked for the department for 16 years, said the incident embarrassed him in front of his co-workers and was the latest incident in which McKrell unfairly targeted him. He charged McKrell’s actions were due to his friendship with fired Highway Supervisor Louis DiCesare II, who has filed three union grievances and a federal lawsuit against the town, and former Selectman Mike Spellman, whom McKrell accused of harassment when he questioned her about the use of pesticides on high school athletic fields. The town upheld her complaint.
Maranell said Oliverio has concerns about the accuracy of the report and has submitted a document outlining those issues to the town. While Maranell said Oliverio has been assured his letter will be placed in his personnel file, Maranell said the official report should be changed to reflect the correct information.
He said the date of Oliverio’s complaint is wrong and a statement that McKrell has not had complaints filed against her is false, as they have come from DiCesare as well as those concerned about pesticide use and a problem with the high school all-purpose field.
He said the report also makes it sound as if Oliverio cost the town money when he took a personal day to attend tree warden training, when it did not.
Maranell said it is important to correct the report so those who request it will get the correct information. Maranell also said that while Simmons has charged that he was forced to hire Diette to do the investigation because Oliverio did not follow proper procedure by emailing him a complaint, he pointed out the town’s harassment policy states an employee who feels he or she has been harassed should contact the director of administrative services or the first selectman.
In response to Howard’s complaint, in May the town gave Stannard a written warning that will remain in his personnel file until May 18, 2019, and informed Robert Chevalier that he would receive a verbal warning that would remain in his file until May 29, 2019. Simmons previously has said he has spoken to the two building officials on a number of occasions about how to properly interact with the public and even sent Chevalier for training on the topic.
Conclusions redacted
The town has released Diette’s investigative report of the actions of the two building officials but the report’s conclusions are entirely redacted or blacked out. Simmons has said the redactions were done because the two men have filed union grievances and that process is ongoing.
The investigation came after Howard complained to Simmons about “unprofessional conduct” and “bullying” by the two men. Chevalier first went to Howard’s home to inspect work that he had done without first obtaining a permit. Howard said he applied for a permit when he learned he needed one. The town has since issued a permit after Howard met certain requirements.
Howard also has charged they are misinterpreting building codes and exceeding their authority by requiring work that is not legally required.
On Wednesday night Howard outlined his complaint with the report, such as that the building officials told him he had to fix a plumbing issue when they could only recommend such work and that he had to have a mechanical contractor inspect work in his home when no such work was done. Howard requested the town refund him the $153 he spent on the mechanical inspection.
Selectmen John Prue and Kate Rotella said they would like some time to review the materials Howard gave them and then speak to him about it. Simmons told Howard he would be refunded the money if the inspection was not required.