Council Warned About Facilitating Retaliation Against Employees

Full Report

At the Common Council  meeting tonight (7PM, Council Chambers), it will consider two resolutions that relate to the report the Council commissioned to look at possible gender discrimination and retaliation by Mayor Drew.

One resolution would make a sweeping request for information from the Attorney hired by the Council for the investigation, the other would make a request of information from the Council Clerk. 
A Hartford law firm which represents employee's interests has sent a sharply worded letter, warning the Council against approving these resolutions.

The investigative report did not provide any definitive evidence of wrong-doing by the Mayor, but it highlighted a number of what it called themes and/or concerns, "We ... note that these concerns were raised by almost two dozen City employees, thus meriting thoughtful consideration by the Council." 

Councilman Gerry Daley led an attack on the report when it was released, ignoring not only its conclusions on the mayor, but also the concerns raised by a large number of city employees. Instead, he aggressively repeated Mayor Drew's assertion that the investigation was inappropriate, and he suggested that concerns about hiring practices and retaliatory behavior by Drew were coming from disgruntled employees. 

Daley introduced both resolutions for tonight's meeting, and lobbied his colleagues for their passage.  The first resolution codifies Daley's email of August 14th, in which he wrote to Attorney Penny Mason, who led the investigation:

... I believe that we are within our absolute authority to have access to everything that was produced or compiled in its formulation. All of it is the property of the Common Council, as your client.
...
This also includes all communications, whether via e-mail, text message, or any other form of written communication between  anyone associated with LeClair Ryan and any of the 29 interviewees referenced in your report, as well as any interviewee / witness statements that were taken and / or LeClair Ryan’s notes / summaries of such interviews.

Daley's second resolution codifies an email he sent to Council Clerk Linda Reed, in which he wrote, "...please provide each member of the Common Council with copies of the complete billings / invoices as received, with all supporting documentation that was included."

Daley's demands precisely echo those of Mayor Drew in his request of August 7:

I am requesting copies of any and all e-mails, text messages, calendars, written communications in any form, un-redacted legal bills, and cellular telephone logs pertaining to this investigation between members of the subcommittee, any employee/associate/partner of LeClair Ryan, and any staff of the City of Middletown.

Council members have received a letter warning them against making either of these requests. Attorney Todd Steigman is representing city employees who provided information and testimony as part of the investigation. He wrote:

Since merely disclosing the identity of, or “outing,” a whistleblower, can constitute an act of retaliation, the City should cease any efforts that could cause the identity of the witnesses to be revealed, and refrain from any further retaliation against these individuals.

Steigman further notes, "... it is well-documented, and acknowledged by the U.S. Supreme Court, that “fear of retaliation is the leading reason why people stay silent instead of voicing their concerns about bias and discrimination.”