By Donna Porstner
Staff Writer
January 12, 2006
STAMFORD -- Mayor Dannel Malloy has ordered an internal investigation into the fire and police commission practices amid accusations the Fire Commission hired friends and relatives over more qualified applicants.
Applicants who scored high on the Aug. 6 firefighters' exam but were not chosen told The Advocate they suspected the process was fixed after their job interviews lasted two or three minutes.
The commission hired four firefighters and named eight alternates immediately after interviews with nearly 120 candidates on Nov. 15 and 16. The mayor's nephew, the fire chief's son and a fire commissioner's son were among the eight alternates, making them next in line for jobs.
"Recent events have brought to light substantial concerns about the processes and procedures of the oral interviews conducted by city boards and commissions," Malloy wrote in a memo yesterday to Director of Human Resources Dennis Murphy. "Please conduct a thorough and complete review of the processes and procedures currently being used by these boards and commissions -- primarily police and fire -- to ensure that all steps employed are appropriate and in compliance with all city policies and requirements."
Police and fire are the only commissions that have hiring authority. Malloy yesterday sent a separate memo to the chairmen and chairwomen of more than a dozen boards and commissions, reminding them of their obligations under the state's open records laws, such as posting meeting agendas in the city clerk's office at least 24 hours before a meeting and making available a record of all votes for public inspection within 48 hours.
The mayor asked each chairman to respond in writing that they read his memo and will comply. Failure to comply with Freedom of Information law can result in fines against the city and its boards and commissions, and could void action taken at meetings, Malloy warned.
The mayor sent the memos a day after The Advocate filed a Freedom of Information complaint against the Fire Commission for failing to make public the records of meetings at which members decided on hires.
The minutes of a meeting that began Nov. 15 and reconvened Nov. 16, filed with the city clerk yesterday afternoon, give little insight into how the commission arrived at its hiring decisions.
The minutes are not clear when members were present during the two-day meeting, including when they went into and out of a closed executive session in which they selected the new hires and alternates.
There is no record of members voting on the appointments, or debating who would be hired. The minutes simply state the names of the new hires and alternates selected "after two days of interviewing and lengthy discussion."
The Advocate filed a second complaint with the Freedom of Information Commission yesterday because hiring decisions must be made in public and individual members' votes must be recorded.
According to the minutes, it is not clear whether Commissioner E. Gaynor Brennan, whose son, Christopher, was named an alternate, was present for any of the interviews or votes. Brennan has said he sat in on the job interviews -- except for his son's -- but did not vote.
The minutes indicate Brennan was present when the meeting was called to order at 3 p.m. Nov. 15 and that he recused himself. But it is not clear whether he left the room or stayed but did not participate.
Malloy said it's unacceptable for any board or commission to make hiring decisions in executive session.
"There are legitimate business items that can be conducted in executive session, but hiring is not one of them," Malloy said.
Fire Commission Chairman Richard Lyons did not return a call seeking comment yesterday. Tuesday, Lyons said he was not familiar with state laws governing public records and was not aware the commission was in violation for failing to file meeting minutes with the city clerk for nearly two years.
Tuesday, the Fire Commission filed minutes from meetings dating to January 2004 after repeated requests by The Advocate to see its records. Under state law, minutes should be filed within seven days of a meeting.
Even though fire commissioners are volunteers, ignorance of the law is no excuse -- especially when the city has experts in the Law Department who can answer questions, Malloy said.
"I understand the boards are acting the same way they did 50 years ago, but times have changed," the mayor said.
Director of Legal Affairs Thomas Cassone said he periodically sends memos to elected and appointed officials reminding them of their obligations under FOI law and holds seminars on the topic after most elections, but they are sparsely attended.
Malloy said he will assign a clerical employee to take minutes at fire commission meetings on overtime to ensure proper procedures are followed.
"I don't want to rely on the best intentions of volunteers for something as important as that," he said.
Keeping accurate records is one way to ensure transparency in government, the mayor said.
Asked whether he will throw out the hiring decisions and order a second round of interviews, or remove fire commission members, Malloy said he will wait for Murphy to report back.
"Let's see where it leads," Malloy said.
Under the city Charter, the mayor has the power to initiate the removal of appointed board and commission members if there is misconduct, habitual absence, a felony conviction, or a misdemeanor conviction that undermines the public's confidence.
The Board of Representatives' Appointments Committee would have to hold a hearing and the full board would have to vote before the official could be removed.
Copyright © 2006, Southern Connecticut Newspapers, Inc.