Finance Chairman Disputes Flatto's Account of Fire Department Program

The chairman of the Board of Finance late Monday disputed First Selectman Ken Flatto's belief that the finance board had approved a new position in the Fire Department on a permanent basis.

"The Board of Finance didn't want to make the proposed program permanent," Tom Flynn, chairman of the Board of Finance, said to the Representative Town Meeting during the RTM's review of the proposed 2010-11 town budget Monday night in McKinley School. "The board understood. The Fire Department management understood. We thought the first selectman understood."

Flatto had agreed, through a controversial "side letter agreement" that wasn't reviewed by town boards, to add a firefighter to the department's minimum manpower on a given shift, effective from Jan. 1, 2009 to June 30, 2010, so the Fire Department could operate a second ladder truck. The agreement was between Flatto and Douglas Chavenello, president of the firefighters' union at that time.

On Feb. 13, 2009, Flatto told firefighters he had to suspend the program due to the bad economy, which resulted in a grievance being filed by firefighters. Fire Chief Richard Felner approved the grievance, but then Flatto and the firefighters reached a settlement agreement and Flatto ordered Felner to rescind his ruling on the grievance.

But the town apparently failed to live up to the settlement agreement, and firefighters filed a complaint with the Connecticut State Board of Labor Relations. That led to a second side letter agreement, which also wasn't reviewed by town boards, that led to an extra position being added to the department's minimum manpower when the town and firefighters' union entered into a new contract. The existing contract expires June 30, 2010. The second side letter agreement was between Flatto and Robert F. Smith, Jr., president of the firefighters' union.

Flatto wasn't available this afternoon to respond to Flynn's comments, but he relayed a message through Jennifer Carpenter, his deputy chief of staff, in which he said he understood some Board of Finance members felt the extra position was a trial project, but that his recollection and belief was that some members wanted staffing on the second ladder truck to go forward. Flatto also said that minutes of that Board of Finance meeting didn't contain a limitation on the project and that "everyone has legitimate differences of opinion."

"I am trying to honor the process I thought was intended," Flatto said in the statement. "I very much appreciate Mr. Flynn's concerns and I was not trying to go against the Board of Finance's intent in any intentional way. I feel bad that any confusion resulted."

Flynn Monday night said the program had been represented to the Board of Finance as one that would not increase staffing costs or affect the contract between firefighters and the town. "In fact, the fire union contract was indeed changed. The town became committed to a minimum manning increase to 17 firefighters and six officers," he said. "What was envisioned by the Board of Finance as a trial program with temporary funding has become a contractual obligation without the benefit of review by our board."

Flynn said his comments didn't pertain to the merit of the program.

Peter Ambrose, the Republican chairman of the RTM's Finance Committee, said Monday night that he was reviewing a legal opinion from Town Attorney Richard Saxl about the enforceability and validity of the side letter agreements.

On March 31, Saxl had sent Flatto a memo in which Saxl said that, generally speaking, side letter agreements are ratified by neither the union members nor the RTM; that they are usually signed by the department head and union president. He added that side letter agreements are "used regularly to resolve problems between management and unions" and are "a fairly standard way of doing business and resolving potential problems in a quick and effective way."

Saxl, though, said a question existed about whether a side letter agreement is binding if it hasn't been approved by the RTM.

"The short answer is yes in most cases and more emphatically so when such a side letter has been acted upon and become a 'past practice' between the department and the union," Saxl's March 31 letter says. "I believe there could be possible challenges should side letters routinely be used in such a way as it is perceived that they are being issued to circumvent the established approval process. I do not believe that to be the case in regard to any side letter agreement of which I am aware."

Saxl's letter seemed to reference side letter agreements in general and not the specific side letter agreements between Flatto and the presidents of the firefighters' union.

Flynn on Monday night said the second side letter agreement had resulted in the "permanent addition" of $372,000 to the Fire Department's budget without the approval of town boards that vote on funding requests and proposed town budgets.

The extra position needed to operate a second ladder truck would be filled on an overtime basis and not by a new hire, according to Flatto.