Former Fairfield CFO sues over firing related to illegal dumping scandal

BRIDGEPORT — Fairfield’s former chief financial officer, who is awaiting trial as an alleged conspirator in the town’s toxic waste scandal, is suing town officials claiming he was wrongly fired and that evidence was withheld that could have helped his case.

In the lawsuit filed in Superior Court in Bridgeport, William Mayer is seeking unspecified damages against the town, First Selectwoman Brenda Kupchick, Town Attorney James Baldwin, the town’s current CFO Jared Schmitt and the police officers who conducted the criminal investigation of the dumping case.

“Ordinarily, it is inadvisable to file a civil case while there are ongoing criminal proceedings,” said Mayer’s lawyer Lewis Chimes. “In this case, Mr. Mayer’s criminal proceedings had dragged on for nearly three years without resolution, and it was necessary to file these claims in order to preserve them due to the pending statutes of limitations.”

The lawsuit states that Kupchick failed to: give Mayer proper notice prior to firing him in violation of the town’s charter; failed to fire him for good cause, again in violation of the charter; and did not provide him with the opportunity for a hearing before the Board of Selectmen following his termination.

“As a result of his termination he had suffered economic damages,” the suit states. The lawsuit also states that Mayer should be “reinstated” as chief financial officer.

“It is premature to discuss damages, or any other matters given the ongoing criminal proceedings,” Chimes said.

Baldwin said the town will argue it did everything correct in firing Mayer.

“The town is confident that Mr. Mayer’s separation from employment was legal and appropriate in all respects and the legal process will bear this out in the end,” said Baldwin.

Kupchick did not return a call for comment.

Mayer, 80, of New Canaan, is awaiting trial with four other former town officials charged with conspiracy to commit first-degree larceny, conspiracy to commit disposal of solid waste, third-degree larceny, third-degree burglary, tampering with evidence and attempted forgery.

He is accused of helping to cover up that tons of contaminated soil was dumped on town property and used as fill under the Penfield Pavilion.

Mayer is also accused, after being fired as CFO by Kupchick on Jan. 15, 2020, of stealing documents from his former office that would be evidence in the criminal case.

However, as he has unsuccessfully claimed in his criminal case, Mayer in the lawsuit denies stealing case-related documents from his former office contending that after he was fired Kupchick gave him permission and a key to the office so that he could retrieve his personal items, arguing that there was no “unlawful” entry as the burglary charge requires.

The suit also states that Mayer thought the documents were OK to take because they were his “personal copies” and not originals. When the police were called and he was asked to turn over the paperwork, he immediately turned them over, the lawsuit states.

“The Jan. 24, 2020, arrest warrant submitted against Robert Mayer omitted clear and unambiguous evidence that completely exonerated Mr. Mayer,” Chimes said. “No arrest warrant would have been issued if this information had been disclosed in the arrest warrant.”

Two separate judges previously denied Mayer’s request for accelerated rehabilitation, a pretrial probation program.

“Since their election and appointment First Selectman Kupchick and Attorney Baldwin have, on several occasions misused their authority over the Fairfield Police Department for political purposes in order to intimidate and retaliate against town employees and political opponents,” the lawsuit states.

Senior Assistant State’s Attorney Tamberlyn Chapman, who is prosecuting the dumping case, declined comment on the lawsuit.