Town attorney responds to Best's suit

Written by John Kovach
Monday, 09 May 2011

Stratford EMS Administrator Donna Best has filed suit against the town and other parties regarding the hiring of a new Emergency Medical Services chief, alleging a multi-pronged conspiracy to punish her husband for a political race, seize her EMS job, and to steer business to a chosen company.

“The complaint doesn’t recite facts or an actual cause of action. It’s just a series of calumnies with no real purpose other than to intentionally misinform the public, impair the reputations of public figures and waste the taxpayers’ money,” Town Attorney Tim Bishop said late Wednesday. “My interactions with both Donna and Jonathan Best, although brief, have always led me to believe that they are fundamentally decent people who can be counted on to react rationally to most situations. I don’t believe Donna or Jonathan read or approved the complaint. I don’t believe either of them would have authorized something like this to be done under their names.”

Best, who is still employed as EMS administrator, and her husband are seeking an injunction that she be “reinstated to her rightful position as director, chief and administrator of the Stratford EMS,” in addition to damages “in excess of $15,000” and “such other relief as the court may deem just and equitable.”

It calls for new EMS Administrator Philip Onofrio to be removed from his job and to repay the town “some or all” of the salary he has received.

The suit also contends that Best and her husband have suffered “significant emotional stress and legal fees,” and seeks compensatory damages, punitive damages and legal costs.

“The real victim in this situation is the taxpayer,” Bishop said. “If the Bests want to talk through the situation calmly and intelligently, I would gladly volunteer my time without charge to the taxpayers and hopefully resolve any misunderstandings. It’s unfortunate that there’s been no informed dialogue. I know the town would certainly welcome that. If there’s no interest in sorting out fact from fiction, then I wish them both well. We’ll spend whatever time and money it takes to get their claims before a judge as expeditiously as possible and leave it in his or her hands. I’m confident of the outcome but disappointed that the Stratford taxpayer, once again, has to divert resources to defend frivolous and outrageous claims when those resources could provide so many other benefits in our community.”

Citing Town Charter, attorney Leon M. Rosenblatt of West Hartford wrote: “Best is a permanent employee under the law. She cannot be terminated without just cause.”

Mayor John A. Harkins has previously said that Best is not being terminated.

The suit alleges that Harkins plans to cut funding for Best’s job “in a budget in the near future,” and calls that a charter violation.

EMS positions are funded by the EMS fund, an account separate from the municipal budget.

Onofrio was hired because of recommendations made in a study of Stratford EMS last year.

Town Council members last month forced a vote on his hiring, also alleging that it skirted the Town Charter.

Best’s complaint, dated May 9, names the town, Mayor John A. Harkins personally and professionally, Onofrio, state Rep. Jason Perillo (R-113th), CBG Strategies LLC and Emergency Medical Management Solutions LLC. Perillo is a principal of CBG Strategies.

Jonathan Best is also named as a plaintiff. He is an EMS field coordinator in the Public Health Preparedness Section of the Connecticut Department of Public Health, and also works as a consultant for EMS agencies.

Jonathan Best also ran against Harkins in a Republican mayoral primary in 2009.

He filed a complaint about improper use of absentee ballots, on which the state Elections Enforcement Commission (EMMS) ruled against Harkins. The matter was resolved with the signing of a consent order by Harkins.

The Bests’ suit alleges that Harkins, in his role as mayor, conspired with Perillo and CBG Strategies and Onofrio, who “was or is” director of operations of Emergency Medical Management Solutions, to “eliminate Ms. Best” and replace her, “in violation of Stratford Charter.”

The complaint also alleges that Harkins acted in retaliation against Jonathan Best.

Further allegations contend that Perillo “harbors animosity” toward Jonathan Best for issuing a report critical of Echo Hose, which provides emergency medical services in Shelton.

“Several changes in operations occurred over time as a result of his study, and Mr. Perillo eventually lost his position.”

Donna Best was targeted by Onofrio, the suit alleges, because he worked for EMMS, and she “blocked” its effort to get the billing business for Stratford EMS.

The Bests allege that Harkins hired Perillo to do the study of Stratford EMS. That report, they said, contained “a number of inaccuracies, which were identified by Ms. Best.”

Her changes did not make the final draft of the consultant’s report.

“The errors were caused by the fact that Harkins, Perillo, and CBG Strategies, LLC, had pre-ordained that the ‘study’ would conclude that a reorganization of the Stratford EMS was necessary, and that Stratford EMS should be put directly under Harkins’ control.”

Rosenblatt also wrote that Onofrio was chosen, and that a “nationwide search” was never conducted.

The suit alleges that Town Charter was violated when Onofrio began receiving his salary before Town Council approval.

“Mr. Onofrio’s salary is a waste of taxpayers’ money,” Rosenblatt wrote. “His position is duplicative of Ms. Best’s position.”

Perillo then took over Onofrio’s former job in Bristol, according to the complaint.

Citing “information and belief,” the Bests allege that Onofrio will steer billing for Stratford EMS to EMMS, “further to enrich himself and his associates.”

Bishop said the suit would not affect the changes being sought in Stratford EMS.

“I would expect the Town to continue to take steps to improve emergency services in the interim,” he said. “We have a moral obligation not to allow this type of lawsuit to interfere with our responsiveness to our citizens’ emergency needs.”