With court costs mounting, the selectmen will be considering a judge’s recommendation that the two sides in the long-running Gaeta case try again to reach a settlement.
The Board of Selectmen have scheduled an executive session discussion of the case for Monday, April 21, at 3:30 p.m. in town hall, with a return to public session for a “possible vote” following the closed-door talk with their lawyer in the case, Joseph W. McQuade.
The latest trial in the battle between the town and former Assistant Fire Chief Nick Gaeta over his 2006 firing closed in the middle of this week, with the next stage in the case post-trial briefs by both sides. (See the story in this week’s Press about the long-running dispute).
First Selectman Rudy Marconi said Judge Andrew Roraback is pushing the two sides to reach a settlement, in part by looking at the mounting legal costs of pursuing the case further.
“Judge Roraback ordered the attorneys to draft estimated costs for preparing the briefs for the trial, once the case is closed.
“He said there’s about 1,000 pages of testimony — it’s a very long and lengthy proceeding,” Mr. Marconi said.
“He instructed them to estimate the cost of preparing briefs, as well as the cost of an appeal, because in the court’s opinion, regardless of his decision, there’d be an appeal. And they feel the case needs to settle.”
Judge Roraback also instructed the parties to meet with another judge who will try to facilitate an agreement by the two sides together. He and Selectwoman Barbara Manners met with Judge Sheila Ozalis.
Mr. Marconi said the Board of Selectman have been fighting the case for eight years, rather than settling it, because they feel the town’s actions were reasonable.
“That’s a feeling that is shared and felt very strongly by Board of Selectmen,” he said. “The testimony given during the Superior Court case, we feel, supports every action taken by the Board of Selectmen.”
The selectmen also don’t want to encourage the idea that people who leave town employment under disputed circumstances can just sue expect the town will given them a big settlement check.
“If we were to settle we’re concerned it would look as if we’re caving, and giving the green light to anyone else to act in a way that’s against standards of professionalism and standards conduct — all town policy stuff — and, when they’re dismissed, sue and get a big check,” Mr. Marconi said.
“This is definitely not a case of two old friends getting into an argument,” Mr. Marconi said. “This is a case of an officer in a department acting in a manner of insubordination on multiple occasions, and now trying to collect a check from the town, and it’s just wrong.”
Mr. Marconi said he and other selectmen feel the case has been mis-represented in numerous media accounts — including Ridgefield Press stories.
Town officials have long been reluctant to discuss the case, he said, leaving the issues to be characterized by Mr. Gaeta and his lawyers.
“You don’t want to discuss a case in public while it’s going on. All we read is the other side and ‘Isn’t it a shame’ and ‘a guy after 36 years of service,’ and ‘the town shouldn’t be treating him this way.’ It was difficult to read all those,” Mr. Marconi said.
The selectmen, he said, feel the town’s actions in April 2006 were appropriate and not excessively harsh, based on Mr. Gaeta’s behavior in a confrontation with Mr. Marconi the day before his forced retirement.
“The fact is there could have been an outright dismissal, and an opportunity was given for an administrative leave without pay, and Mr. Gaeta chose retirement,” he said.
Judge Ozalis had suggested town officials be more public with their perspective on the case, he said.
“The reason why I’ve spoken the way I have this morning is the judge said maybe it’s time for you to allow the public to understand the Board of Selectmen’s side of this,” Mr. Marconi said.
The judge also encouraged both sides to consider the legal costs of pursing the case further, and try to settle. Much of that cost is likely to fall on town taxpayers, and that’s something the Board of Selectmen expect to consider Monday afternoon.
“So we will, at the request of the judge, meet and discuss her recommendations very seriously — only to the benefit of the people of Ridgefield, and limiting the costs of this case.”