By John Nickerson
Staff Writer
February 1, 2007
NORWALK - Mayor Richard Moccia said yesterday he has no intention of suspending Fire Chief Denis McCarthy, an action recommended by a Common Council subcommittee probing allegations of racism in the department.
It was disclosed Tuesday that the panel - formed to investigate a videotape purportedly showing a firefighter using two racial slurs, and the handling of the incident - voted at a secret Jan. 19 meeting to recommend suspending McCarthy while it investigates.
"I will not act on the recommendation," Moccia said. "In my discussions with Fire Commissioner Carol Andreoli, there is no sentiment to suspend the chief."
Moccia and Corporation Counsel Peter Nolin said it appears the meeting - where a quorum was present - violated the Connecticut Freedom of Information Act.
The act requires an agency to alert the city clerk of a scheduled meeting so a public notice can be posted at least 24 hours in advance, Nolin said.
City Clerk Mary Roman said she could find no notice of the meeting, which took place in the Democratic caucus room next to Common Council chambers.
The panel is a subcommittee of the council's Health, Welfare and Public Safety Committee.
At the panel's first official meeting Tuesday night, McCarthy said his rights had been violated because he was not notified of the Jan. 19 meeting.
The Rev. Phyllis Bolden, panel chairwoman, called the session an "informal gathering" and an "ad hoc" meeting. Bolden said she and council members Carvin Hilliard, Herb Grant, Richard McQuaid and Joanne Romano decided to ask Moccia to suspend McCarthy.
One council member who was present said the group agreed to hold a news conference to bolster its case for suspension if Moccia did not comply.
"There is no provision in FOIA for 'ad hoc' meetings," Nolin said. "There are meetings or not meetings."
The panel is investigating a videotape purportedly shot at the Broad River fire house on New Canaan Avenue in March 2005.
The tape became an issue when suspended Firefighter Scot Wilson showed it to the media in November. Wilson is using the tape as evidence against the city in a complaint he filed last summer with the state Commission on Human Rights and Opportunities.
In the complaint, Wilson, who is black, questions whether white firefighters receive preferential treatment and alleges he was "discriminatorily harassed." He faces possible termination at a Board of Fire Commissioners meeting Tuesday for reporting for duty under the influence of alcohol in September.
After the existence of the tape became public, the city hired a New Haven diversity training firm, 3-D Seminars LLC, to work with the fire department. The company, which is being paid $9,250, held 10 meetings with 110 firefighters in January to determine whether racism exists in the department.
The report on its findings, which officials described as favorable, will be released Tuesday.
Bolden yesterday said she did not understand FOIA regulations at the time of the secret meeting and blamed her mistake on being a "rookie council member."
"I did not give the (clerk's) office sufficient time to satisfy the (Freedom of Information Act)," said Bolden, who replaced Leona Williams on the council in September 2005. "I did advise the mayor that we were going to have a meeting and he let me know that it could be a problem in the future and don't do (it) that way again in the future."
Moccia said he knew the group was meeting but didn't know about what. At the time, he said he didn't know the meeting hadn't been properly noticed. Moccia yesterday said he became concerned the group had overstepped its bounds when he received the suspension recommendation.
The mayor said he decided not to suspend McCarthy based on a few factors, noting that the former Westport chief didn't come to Norwalk until at least a month after the tape was made.
Moccia also said 3-D Seminars representatives told him during a conference call Tuesday there is no evidence of systemic racism in the department.
But Bolden said her panel agreed Jan. 19 that McCarthy's presence during the investigation would intimidate firefighters and impede the probe - an allegation disputed Tuesday by the chief, who said it impugned his credibility.
"I just don't see the intimidation factor," Moccia said yesterday. "I don't see it. The tape was made before he was chief. He admitted that he made a mistake when the tape was offered to him and he didn't look at it because it was part of a (CHRO) complaint. He has been more than open in having this investigation."
McCarthy has apologized for not taking stronger action when he learned of the tape's existence in 2005.
Andreoli, who serves with Moccia and Robert Santo on the Fire Commission, said McCarthy should not be suspended.
"I agree his rights were violated. He should have been notified of the meeting," Andreoli said. "I don't believe that the chief has displayed any conduct that would indicate that he would impede the investigation. I think he has displayed quite the contrary when 3-D was interviewing. He gave everybody every opportunity to speak openly and freely without him being present."
But Bolden said she spoke to at least one firefighter who said he was interrogated by the chief and felt intimidated.
McCarthy said he will not file a complaint with the state Freedom of Information Commission about the Jan. 19 meeting.
"My goal is to work cooperatively with the council and consultant and I will continue to do that," he said.
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