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Termination Letter

Termination Letter

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Published by ValleyIndyDotOrg
Termination Letter
Termination Letter

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Categories:Types, Legal forms
Published by: ValleyIndyDotOrg on Mar 12, 2014
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08/28/2014

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Anruntu
OFFICE
OF
THE
MAYOR
CITY HALL
253
MAIN
STREETANSONIA,
CONNECTICUT
O640
I
David
S.
Cassetti
Mayor
Office: (203) 736-5900
Fax:
(203)
734-3853
Email:
dcassetti@ansoniact.
org
March
11,2014
Mr. Peter
Kelly97
Woodbridge Avenue
ext.
Ansonia,
CT 06401
Re:
Termination
of
EmPloYment
Dear
Mr.
Kelly:
On
March
4,2014,
a
hearing
was held in order
to
consider
whether your
employment
with
the
City
of
Ansonia should be
terminated. As
you were advised
in
the
Notice
of
Pre-termination
Helring
of
March
3,2014, the
hearing
was scheduled based upon
(i)
your
continued failure to
demonstrate
satisfaitory
performance
of
the
essential
functions of your position
of
Director of
Economic Developmeni;
(ii)
inefficiency;
and (iii)
insubordination.
You
were
notified that
your
actions are in violation
of
'your
Employment Agreement
with
the
City
of
Ansonia
("EmploymentAgreement")
and
the Ansonia Personnel Rules and Regulations (1979), Amended
to
September14, 1983 ("Personnel Rules and Regulations")'
Also,
in
attendance
at the
hearing
were
the
following
individuals:
Chris
Tymniak,
Chief
Administrator;
John P.
Marini,
Esq.,
Town
Counsel; Attorney Lisa Grasso Egan
of
Berchem,Moses
& Deviin,
P.C.; and your
counsel,
John
Androski,
Esq.
Attorney
Egan
presented the matteron behalf
of
the
City.
Shebegan
by
explaining that
the
purpose
of
the
hearing was
to
afford you
an
opportunity
to
iespond
to
tne
charges and
that
there
was
no
pre-determined
outcome.Flowever,
Attorney Androski
challenged
the
hearing procedure, and
the
parties engaged
in
a
substantial period of debate
on
this
point.
Subsequently,
after
a
caucus
and
discussion between
the
parties,
he
reported
that
the
dueprocess neaiing was
waived.
Therefore, you did not provide any information
for
me
to
consider.
Thus, as reflecied below, my decision is based
upon
the information
in
the City's record'Decision
you
were
hired
as
the
City of Ansonia's Director
of
Economic Development in
September
2013-.
your
background information reflected that
you
had not worked or resided
in
the
Northeast,
and
in
particula-r
the Valley,
for
many
years;
indeed,
if
ever.
Moreover,
you
had minimal experience
in
economic
development.
However,
you
were
confident
that you
could overcome
the
manychallenges facing Ansonia in
its
quest
to
attract and retain businesses.
{00644312.DOCXVer.
1}
 
Mr. Peter KellyMarch
10,2014
Page
2
Your
Employment
Agreement includes
the
Job
Description
for
the
position
(Schedule
A).
lt
contains
a
comprehensive
set of
duties
and responsibilities.
lncluded
is the
responsibility to"execute the City's PIan of Economic
Developmenf." As
you know, you
were
hired
to
implementthe City's existing
Plan. This
was specifically communicated
to
you
by
the Economic DevelopmentCommission
and
my
Administration.
Neither
party has
ever
waivered in its
commitment
to
the
Plan.
However,
in the face
of
clear directives
to
take
steps
to
implement
the
Plan,
you
spent
timereferring
to
the
City's Plan
as
"inadequate"
and
attempted
to
defeat
it.
ln
fact, you
requested$80,000'for
a
new
plan.
When advised that such an appropriation would not
be
forthcoming
and
that you were
expected
to
implement
the
existing
Plan,
you
responded
with a
clearly negative
attitude,
continually
stating that
the
Plan would not
work,
rather
than taking action
towardimplementing
it.
As
essential duty and
responsibility
of
the
Director
is
to
"promote,
plan, market and direct
thebusrness recruitment, retention and expansion for busrness development
in the
City
of
Ansonia"
and
to
"identify community compatible busrness
prospecfs." ln
response
to
questions
by John
Marini,
Corporation
Council,
who
sought to
determine what you
believed
you
needed to
implement
the
Plan, you stated
that
"we need a cookbook" and a more specific "recipe" or "action plan"
foreconomic
development.
Taken
in its
best light, your
response indicated
that
you
did
notunderstand the steps
to
take
to
develop growth
in
local business
and
that your failure
to
perform
may
be
due
to
incompetence.
What
is
clear
in
any
event
is
that your
actions
constitute
insubordination.
lt
has been my express
expectation
from
Day
One
of
my Administration thatdiligent steps be taken
in
furtherance of implementing the existing Economic Development
Plan,
and your refusal to do so has hindered opportunities to achieve our objectives.Similarly, you were
tasked
by
the
Economic Development Commission
to
put
together
a
website
of
the City's
businesses.
You responded that
you
were capable
of doing
that.
To date, however,
the website has not been
successfully
developed.
The website
currently online
was
designedand published approximately one
year
prior
to your
commencement
as
Economic Development
Director
and has only
undergone
nominal,.
if
any
changes, since
you
began
work
on
the
assignment.
Unfortunately,
given that
the
website
is
not finished,
the City
remains
without
a
powerful tool
to
reach businesses
and
market
its
vacant properties through contacts
on
this
website.
Your counsel stated that an individual had recently contacted
you
with some necessaryinformation regarding
the
website.
He
did
not provide
details;
however, it
is
clear that you gaveinsufficient attention
and
effort
to
this project.
Again, while at
first
blush
your lack
of
progress
would
appear
to
be based
on
incompetence, I must conclude
that
it
was
due
to
insubordinationgiven that
a
website
is not
"regional"
in
nature
and the task
was focused on information gathering.You stated that this was within your
ability.
The
project
was
one reasonably within the functions
to
"promote,
plan,
market and direct
the
business
recruitment, retention
and
expansion
for
busrness development"
as
well as related
to
other functions
in
the Job
Description.
Similarly,
when
requested
to
handle
other
initiatives
such
as
to
prepare
a
letter
calculating theamount
of
tax
incentives
to
assist
a
company, which was moving
its
offices
to
Ansonia, you wereunable
to
independently complete
the assignment.
You demonstrated a lack
of
knowledge
and
experience in
this
area, and did not demonstrate
competence
with
the
parties
involved.
Thisassignment
was
one
in
furtherance of working
to
recruit
new
business,
which
is
a
responsibilitywithin the Job Description.
{006M3|2.DOCXVer.
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