New Hartford considering filing civil lawsuit

Few additional details released about Wednesday meeting


Observer-Dispatch
Posted Apr 23, 2009 @ 08:30 PM

NEW HARTFORD —

An executive session at a Town Board meeting Wednesday evening related to recent incidents that have posed threats to employees and a possible civil lawsuit by the town, board member Christine Krupa said Thursday.

The discussions also centered on security in town buildings, New Hartford Police Chief Raymond Philo and Town Supervisor Earle Reed said.

Officials Thursday continued to refuse to provide specific details about the executive session, including whom the lawsuit could be filed against and why additional security was needed.

But some residents already have noticed increased security at Butler Hall.

Ed Wiatr and Catherine Lawrence, cofounders of the civic group Concerned Citizens for Honest and Open Government, said they found Butler Hall’s doors locked when they showed up for the last two 6 p.m. Town Board meetings.

Previously, they had been let in right away, but recently they weren’t allowed into the building until shortly before the meetings started, they said.

“They know who we are, and we don’t pose a threat,” Lawrence said.

‘Verbal attacks’

Reed said Wiatr and Lawrence had been asked to wait because staff members were preparing for the meeting. Opening the building later could become regular practice, he said

“Ed Wiatr had gone and screamed at Melody,” Reed said about an incident involving a town employee. “She was deeply upset by his verbal attacks on her.”

Wiatr, however, called Reed’s statements “an outright lie.”

When an O-D reporter arrived Wednesday evening’s meeting after it already had begun, the outside doors to the building still were locked. Reed later said that was an oversight.

Robert Freeman, executive director of the state Committee on Open Government, said such practices were perfectly legal.

“There is no law against public buildings being locked sometimes,” he said. “Can you get into any public building just because you want to get in?”

Session legal

Krupa said officials in the 45-minute executive session talked about “the possibility of a civil lawsuit on our side, on our initiation, to protect our employees.”

“It’s two different employees, two incidents and two municipal buildings,” she said.  She declined to say whom the town might sue.

Freeman said it was legal for government officials to hold talks about litigation strategy in executive session.

“The law does say the board can close the doors to discuss proposed and pending litigation,” he said.

The names of those being sued do not have to be disclosed unless litigation is initiated, he said.

The executive session was described on the meeting agenda as pertaining to “information relating to current/future investigation or prosecution of a potential criminal offense and matters which imperil public safety.”

Vulnerabilities

Reed said members of the public sometimes become upset over issues they have, and there is reason to have concerns about employee safety.

“I’ve been there,” he said. “I had a young man who was so angry, so agitated, they were getting ready to call the police. You can’t believe some of the anger you get.”

Philo and Town Attorney Gerald Green also were present for the executive session.

Philo said he discussed areas where town buildings needed security improvements.

“We discussed some vulnerabilities,” he said.

Freeman said such conversations also could be held in executive session.

“We consider the potentially harmful effect of disclosure,” he said.

Councilman David Reynolds declined to say whether a lawsuit had been discussed, but said it should be clear that no town employee was suspected of any wrongdoing.

Green, along with Town councilmen Robert Payne III and Rich Woodland could not be reached.


Copyright © 2009 GateHouse Media, Inc. Some Rights Reserved.
Original content available for non-commercial use under a Creative Commons license, except where noted.