Hartford Courant (Sunday)

A ‘ disturbing abuse of power’

Fired Simsbury town employee says officials tried to fake reasons for terminatio­n

- By Emily Brindley

SIMSBURY — Last month, the town of Simsbury fired Assistant Town Planner Robin Newton — but she and her supervisor say town leaders attempted to fabricate reasons for the terminatio­n, going so far as to press for changes in a performanc­e review. Now, the union is fighting the firing, describing it as an abusive, retaliator­y act.

What otherwise may have been an unremarkab­le workplace dispute escalated into a contentiou­s public showdown marked by accusation­s of favoritism, dishonesty and back-door deal-making. The saga culminated on Nov. 1 when Town Manager Maria Capriola fired Newton.

The executive director of the CSEA SEIU Local 2001 David Glidden called Newton’s firing “an extremely disturbing abuse of power.”

The Courant reviewed documents from the town, the union and the state Department of Labor, including Newton’s hiring contract, Newton’s performanc­e review, emails between town staff and letters written by Newton, her supervisor and the town’s board of selectmen. Together, the documents chronicle a contentiou­s relationsh­ip between Newton and Capriola, defined most clearly by an August letter in which Newton accused Capriola of giving special treatment to another employee.

In that letter, Newton also alleged that Capriola conspired to have the assistant town planner’s performanc­e reviews altered after Newton, in her capacity as treasurer of the local union, pushed back against Capriola’s hiring practices. Some of those allegation­s were later supported by Newton’s supervisor.

Capriola declined to comment.

An endless probation

Newton served as the town’s code compliance officer for nearly three years before she was promoted to assistant town planner in December 2018.

Newton’s promotion came with several conditions. Most notably, she had to complete her bachelor’s degree by the end of June 2020 and receive a satisfacto­ry performanc­e review before being taken off probation.

As Newton worked toward meeting those conditions, she remained active as the union’s treasurer. Town emails show that Newton pushed the town on the benefits that it offered to several recent hires — particular­ly a new code compliance officer who, Newton contended, was hired at a significan­tly inflated salary and was given additional vacation time. That employee’s relationsh­ip with the town manager would later become critical.

By July 2019, Newton had completed the two core conditions of her probation, documents show and Newton’s supervisor — Town Planner Michael Glidden, who is not related to the union head — sent an email recommendi­ng that Newton be taken off probation and instated as a full employee.

But nothing happened. Six weeks passed.

Then, in late August, Newton wrote an explosive letter filled with accusation­s against Capriola and Eric Gomes, the town’s human resources coordinato­r. Although Newton addressed the letter to Gomes, she brought a wider audience into the controvers­y by cc-ing the entire board of selectmen.

In the letter, Newton wrote that Capriola and the new code compliance officer had a close friendship and, because of that, Capriola was protecting the new employee and giving her preferenti­al treatment, including a higher pay and added vacation time. Capriola and the code compliance officer knew each other from their time working in Mansfield, Newton wrote.

The code compliance officer “has on multiple occasions made it clear that she is protected by Mrs. Capriola and that she was provided ‘assurances’ when assuming the Code Compliance position,” Newton wrote.

Newton also wrote that Capriola was conspiring against her. Newton contended that Capriola refused to take her off probation — although she’d met the probationa­ry requiremen­ts. Newton wrote that Capriola instead tried to persuade Glidden to modify the glowing performanc­e review he had given

Newton. That allegation was later reiterated by Glidden.

Capriola’s actions were “a clear indication of unethical, retaliator­y behavior,” Newton wrote, adding that she believed Gomes was complicit in Capriola’s scheming.

In her letter, Newton traces the perceived retaliatio­n back to her union activity, specifical­ly to her opposition to the additional benefits granted to the new code compliance officer.

About two weeks later, in early September, the union filed two complaints with the state Board of Labor Relations, backing up Newton’s stance.

That month, Capriola told The Courant that the town was still reviewing Newton’s “performanc­e as a probationa­ry employee to determine if she’s eligible to come off of probation.”

‘Intimidate­d and manipulate­d’

For a month, no formal action was taken, documents show. But behind the scenes, there was movement — including an investigat­ion into the allegation­s of preferenti­al treatment and retaliatio­n that Newton had leveled in her August letter.

As that investigat­ion rolled forward, Capriola on Oct. 23 notified Newton she was not coming off probation. In a fivepage letter, Capriola outlined five reasons, saying Newton:

displayed a “Lack of Teamwork/Inability to Follow Direction”

displayed a “Lack of Thoughtful­ness Before Acting”

had “Poor Interactio­ns With Community Members” displayed a “Lack of Candor” used “Work Time for Personal Activities”

Eight days later, with Newton’s probation denied but her employment not yet terminated, the board of selectmen issued its investigat­ion report.

The report indicates that a town attorney interviewe­d numerous town employees and then concluded that none of Newton’s allegation­s held water.

“There is no support for Ms. Newton’s claims of a hostile work environmen­t or unethical or retaliator­y behavior by Ms. Capriola or Mr. Gomes,” the report said.

However, the report is not signed, so it is unclear who actually penned it. Capriola and her staff did not answer repeated inquiries about who wrote the report, saying only that it was from the board of selectmen.

But there was dissension inside town hall as to the accuracy of the report. On the same day it was issued, Newton’s supervisor, Glidden, wrote to the state labor board that the investigat­ion report “misstates facts.” He said he worried that the “investigat­ion was biased and predetermi­ned.”

In his letter, Glidden recounts an investigat­ion process so manipulati­ve and aggressive that it left him “shocked.”

For instance, Glidden wrote that the town attorney made comments that Newton didn’t know how to stay in her lane.

“I was not comfortabl­e speaking up due to fear of retaliatio­n,” Glidden wrote. “I felt intimidate­d and manipulate­d by the inquiry.”

In his letter, Glidden also repeated an allegation that Newton made earlier — that Capriola and Gomes asked Glidden to alter his review of Newton.

“After I completed a job performanc­e review of Robin Newton, I was approached by M. Capriola and E. Gomes with the direction to work with E. Gomes on potentiall­y changing the performanc­e review,” Glidden wrote.

Capriola and Gomes did not respond to requests for comment on this allegation.

The town planner chose to stand by his performanc­e review, he wrote.

But Newton was fired one day later.

Fighting the firing

Newton said in an email to The Courant that her firing has caused emotional and financial hardship for her and her family.

Her teenage children, Newton wrote, have watched her put in extra hours from home or during vacations, and they knew that she enjoyed her work.

“It is confusing for them to see a parent who devoted a lot of time and effort into a community being treated unfairly and having statements being made that are untrue and unjust,” Newton wrote.

David Glidden — who is the executive director of CSEA SEIU Local 2001 and not related to Town Planner Michael Glidden — said in a statement to The Courant that Newton’s terminatio­n sends the message that town employees will be fired if they oppose town leaders.

“The record shows that Ms. Newton was an exemplary worker and a respected union leader,” David Glidden said. “But town management could not see beyond the fact that she had the audacity to question their dubious practices.”

As a first step, the union filed a grievance with the town of Simsbury, contesting Newton’s firing. That grievance was denied at a Nov. 25 hearing.

On Nov. 26, the union filed an arbitratio­n case with the American Arbitratio­n Associatio­n.

Newton said in an email that she’s “confident” her terminatio­n will be reversed.

 ?? MICHAEL MCANDREWS/SPECIAL TO THE HARTFORD COURANT ?? Simsbury Town Manager Maria Capriola addresses the town’s board of selectmen on the first day of the board’s new term Thursday night.
MICHAEL MCANDREWS/SPECIAL TO THE HARTFORD COURANT Simsbury Town Manager Maria Capriola addresses the town’s board of selectmen on the first day of the board’s new term Thursday night.

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