Flatto Grilled Over Side Agreements with Firefighters

First Selectman Ken Flatto was on the hot seat late Monday over his decision to increase minimum manpower levels at the Fairfield Fire Department through "side letter agreements" that hadn't been reviewed or approved by town boards.

Flatto appeared before members of the Representative Town Meeting who were concerned that Flatto had unilaterally increased the Fire Department's minimum staffing level on shifts and increased the department's budget.

"My problem is with the process," James F. Walsh, R-1, said to Flatto in a second-floor conference room in Sullivan-Independence Hall. "I don't think you can sign a side letter affecting minimum manpower when the RTM has voted on a contract for minimum manpower. I'm not saying I wouldn't think it's a great idea...but an argument has to be made to us."

"I need to know when this is done and that it be more transparent. I'm afraid other first selectmen can change contracts without RTM approval," Walsh said.

Ed Bateson, R-3, said the side letter agreement that Flatto had signed increasing minimum manpower from 16 to 17 firefighters on a shift led to a 5 percent change in payroll, an effect another RTM member said amounted to $400,000 a year.

Walsh said the contract between the firefighters' union and the town, effective from July 1, 2006 to June 30, 2010, was "a lie" because it identified minimum manpower at a level different than reality.

But Flatto said the contract allowed minimum manpower to be opened for discussion at any time and he believed he was within his authority to agree to raise minimum manpower without the consent of town boards. "The managing of a budget is up to me and department managers. I think there is some executive authority," Flatto said.

Flatto said he entered into side agreements with other unions when he negotiated givebacks, though he acknowledged that the side letter agreement with the firefighters' union could be viewed differently. "I agree a first selectman shouldn't go out and spend money without anyone knowing about it. My intent was to fill a shift I thought the boards wanted," he said.

Town Attorney Richard Saxl said he thought Flatto had the authority to enter into the side letter agreement without approval from town boards.

Flatto added that the increase from 16 to 17 firefighters on a shift didn't require an increase in the department's number of firefighters because the extra position was filled on an overtime basis. "We haven't obligated hiring a full-time fireman for the shift. It's all being done on overtime," he said.

The date of when Flatto entered into the first side letter agreement, which was to be in effect from Jan. 1, 2009 to June 30, 2010, with Douglas Chavenello, president of the firefighters' union, isn't known because the document is undated and Flatto said late Monday that he couldn't remember when he signed it.

Saxl said he was aware of the first side letter agreement but couldn't remember when he first became aware of it.

"Is there a reason it isn't dated?" Peter Ambrose, R-2, asked Flatto.

Flatto replied, "That, I have no idea. I think probably there is a dated letter somewhere we can't find."

Flatto said town boards bought into the concept of increasing minimum manpower during 2008-09 budget discussions and had agreed to fund half of the program's cost, or $200,000, in the 2008-09 fiscal year by initiating the increase in manpower in January 2009.

It wasn't clear if Flatto entered into the first side letter agreement before town boards agreed to fund the program's cost. "It may have been prior to RTM approval," Flatto said of when he signed the first side letter agreement.

The justification behind the increase in manpower was to enable the Fire Department to operate a second ladder truck. The department had operated one ladder truck, out of Fire Station 2 on Jennings Road, and believed that the length of time it took that ladder truck to respond to calls throughout town, and the wear and tear on the truck, would be lessened if a second ladder truck were in operation.

None of the RTM members Monday night questioned the need for a second ladder truck, increase in minimum manpower or Fire Chief Richard Felner's management of the department. They repeatedly said they didn't like the process and placed the blame on Flatto's shoulders.

RTM members said they and Board of Finance members believed the second ladder truck would be run on a trial basis for six months and then the boards would hear a report from Felner about the program's effectiveness and decide if they would continue to fund it.

But Flatto disagreed. "There is a bit of a difference of opinion as to the intent of the Board of Finance. When they voted, they didn't vote in any way legally to say it was a trial basis. My belief was, I thought they basically were saying, 'We bought into the concept but want a report in six months.' I didn't view it as a temporary thing," Flatto said.

But the program was only under way for about a month when Flatto went back to the firefighters' union in early February 2009 and said he needed to suspend the program because he was asking all town employees to cut expenses wherever possible.

Flatto's decision to suspend the program led to the firefighters' union filing a grievance with Felner, which Felner approved Feb. 18, 2009.

About that same time, the firefighters' union sent a letter to Felner saying it was withdrawing its grievance, as well as additional grievances, without prejudice, which was followed about that same time by a memo from Flatto to Felner in which Flatto said, "Effective immediately, this is an order to rescind your grievance ruling regarding Grievance 09-003 through 09-009 and any future associated grievances."

The union then alleged that the town refused to comply with a Feb. 18 settlement agreement for grievance 09-003 and had therefore "willfully and intentionally violated the Municipal Employees Relation Act." The union then filed a complaint with the Connecticut State Board of Labor Relations.

That led to a second side letter agreement, which town boards also were not informed of, in which Flatto and Robert F. Smith Jr., president of the firefighters' union, agreed that the town would increase minimum manpower from 16 to 17 firefighters in a new contract with the firefighters' union that would take effect after the existing contract expires June 30.

The firefighters' union, in the second side letter agreement, agreed to withdraw all grievances related to the first side letter agreement, as well as its Municipal Prohibited Practice claim against the town with the Connecticut State Board of Labor Relations, and agreed to eliminate the perfect attendance bonus for the fiscal year that began July 1, 2009.

Ambrose said the second side letter agreement went "from bad to worse" - from a financial standpoint - because the increase in minimum manpower, instead of lasting for 18 months, would last for the duration of the new contract between the town and firefighters' union. "It's a pretty costly matter," he said.

On Monday night, James Baldwin, chairman of the Republican Town Committee, asked Town Attorney Richard Saxl why the Board of Selectmen did not review and vote on the settlement with the firefighters' union that included the second side letter agreement. The settlement apparently was approved and signed by Flatto without the knowledge of town boards.

Saxl said he didn't believe the Board of Selectmen needed to approve the settlement because it was not litigation. "It's Municipal Prohibited Practice. I don't consider Municipal Prohibited Practice as litigation," he said.

Ambrose said Felner and Deputy Fire Chief Arthur Reid weren't at the meeting when Flatto signed the first side letter agreement and that he was concerned about "the impact on the budget and the process by which the whole thing took place."

"We are advocates of the Fire Department. It's just the way it came about," Ambrose said.

The side letter agreements became a controversial issue about two weeks ago when the Board of Finance reviewed the Fire Department's proposed budget for 2010-11 and apparently first learned of them.

Flatto said he hoped the RTM believed the concept of adding a second ladder truck was important when they vote on the proposed 2010-11 town budget May 3.

"The concept we know about," Ambrose said. "It's just the process we're having an issue with, Ken."