Written by John Kovach
Thursday, December 11, 2008
Fire Chief John Cybart faces dismissal amid charges of misconduct related to bids for a new fire truck.
A hearing scheduled for Monday at Town Hall was continued at the request of Cybart’s lawyer, according to Mayor James R. Miron, who presided over the proceedings. The next hearing is Jan. 7.
Miron would not comment on the situation in discussions with the Star or during Monday’s Town Council meeting, saying it was a personnel matter.
Cybart filed for disability retirement last week, according to Human Resources Director Edmund Winterbottom.
Robert A. Richardson of Garrison, Levin-Epstein, Chimes, Richardson & Fitzgerald P.C. of New Haven, the attorney representing Cybart, could not be reached Wednesday.
Hundreds of pages of a report obtained by the Star under a Freedom of Information detail an internal investigation into four charges against Cybart raised in late November. The allegations relate to a recent bid for a fire truck but link to the purchase of a fire truck in 2000.
Outside counsel Arthur Laske of Laske Brown LLC of Fairfield, retained by the town for the probe, opined Nov. 20 that the process toward purchasing a new fire truck was “sufficiently flawed as to prevent any recommendation from the review committee from being upheld by a court, should any such review take place.”
All bids received exceeded the $450,000 appropriated by the Town Council. But the committee stated that certain changes would bring the chosen bid, submitted by New England Fire Equipment, within budget.
Lt. Robert Spiegel was appointed by Cybart to the truck committee. Spiegel works part-time for New England Fire Equipment, a fact that other fire officials told Laske was common knowledge.
Laske’s findings indicate that Assistant Chief Daniel Ross was appointed to lead the committee creating specifications for the truck. Ross had never led such a process, Laske said, and thus was forced to rely heavily on Spiegel.
Cybart told Laske the process involved simplifying and updating language from a previous bid.
New England Fire Equipment is owned by former Town Council Chairman James Feehan. Cybart was charged with misconduct for putting Ross in a position for which he was unprepared, and for using Spiegel despite his ties to one of the vendors.
Laske concludes there is no evidence that anyone in the Fire Department stood to gain from the outcome, and that responsibility fell with Cybart.
Cybart had previously been warned, Laske wrote, about “creating any appearances of impropriety when dealing with New England and Mr. Feehan in a prior bid process in 2000.”
Cybart was appointed chief by Miron in 2007.
Deputy Chief Michael Hostetter is head of the department in Cybart’s absence.